Legal opinion: AI answers classified as provider content

A new legal opinion, released on June 25, 2026, has determined that AI-generated answers within search engines are to be regularly classified as the proprietary content of the search engine provider. The study was commissioned by Germany's regional media authorities (Landesmedienanstalten) and was presented and discussed with an expert audience at a media symposium in Hamburg.

The core finding of the opinion is that even if an AI generates answers by processing or compiling information from various sources, these responses are considered the provider''s own content. This applies not only to "hallucinated" outputs but also to responses newly created through algorithmic preparation, mixing, or condensation of found information. Consequently, the search engine provider bears responsibility for the content of these AI-generated answers. The opinion clarifies that the liability privilege stipulated in the Digital Services Act (DSA) is not applicable, as it protects platform providers only when they act as neutral intermediaries for third-party content.

The opinion also addresses situations where AI search engines incorporate external links within their answers. In such cases, they may be considered media intermediaries. Eva-Maria Sommer, director at the Hamburg/Schleswig-Holstein media authority, emphasized the urgent need for transparency regarding the criteria used for selecting and placing these links. "The criteria by which further links are selected and placed must therefore be urgently made transparent," Sommer stated. This transparency is seen as essential for verifying and ensuring that the diversity of journalistic and editorial media remains visible.

Recommendations from the authors include specific amendments to existing national regulations and a consistent approach with European law. They suggest clarifications within the Digital Services Act, more precise transparency obligations under the AI Regulation, adjustments to copyright law, and potentially a distinct category for AI search engines within the realm of telemedia at the state level. Dr. Thorsten Schmiege, chairman of the DLM, asserted: "AI search engines are content providers – and they must be regulated as such."

The release of this legal opinion signals a move towards greater accountability for AI search engine providers, framing their generated content as their own and subject to corresponding regulations. This aims to ensure a more equitable digital landscape and uphold media diversity.