A nightmare to control: Legal and organizational challenges around the procurement of journalistic AI from external technology providers

Little research has explored the process of procuring AI systems in the media from the perspective of contractual terms and conditions. It’s importance is underscored by the emerging regulatory framework coming from Brussels that embraces private ordering through mechanisms such as negotiations, instructions, and standardization. This article addresses the following research questions: How are journalistic AI procurement processes perceived by professionals? What are the practical and legal obstacles experienced in negotiating procurement conditions? How to improve media organizations’ contractual negotiation power? The study is grounded in 12 semi-structured interviews with members of media organizations (lawyers, technologists, and managers) and an analysis of 16 terms and conditions of companies providing AI systems. Based on its findings, it strives to propose a contractual counter-power for (especially smaller and local) media actors interested in using journalistic AI.