When must AI-generated content be labelled?

The transparency obligations under Article 50 of the AI Act (deepfakes and certain AI-generated texts) will come into force on 2 August 2026. The EU has published a Code of Practice as a practical guide to ensure these obligations are implemented consistently.

Here’s a summary of the most important points for you:

1. Labelling requirements for these two cases:

1. Deepfakes (image/video/audio) – that is, content that appears deceptively real and suggests real people, places or events, even though it has been generated or manipulated using AI:

  • Entirely AI-generated ‘real’ scenes (people, environments)
  • AI models (people generated entirely by AI)
  • AI effects in real-life videos (e.g. swapping faces, inserting people or objects)
  • Voice clones / fully AI-generated voices

2. Certain AI-generated texts on topics of public interest, provided that:

  • the text is published to inform the public (news, politics, social debates, etc.) and
  • no human proofreading or editing has taken place and no one is taking editorial responsibility.

2. Examples of advertising formats subject to labelling requirements:

  • Hyper-realistic AI characters or scenes in campaigns (with a ‘real footage’ look and feel)
  • Adverts featuring AI voice clones that imitate real people
  • AI-generated ‘informative articles’ on social and political topics, without human editorial input

3. Relaxed labelling requirements

In the case of content that forms part of a clearly recognisable artistic, creative, satirical or fictional work (e.g. clearly identifiable as fantasy, a comic, an illustration, sci-fi, etc.), the label does not need to appear directly in the image or video, but may also be included in the credits or in the accompanying text.

4. What is generally not subject to labelling requirements?

No AI labelling is required under Article 50 of the AI Act in the following cases:

  • Retouching and image editing (Photoshop, etc.), provided that the result is not a deceptively realistic deepfake.
  • Texts edited by humans, where the content is checked, adapted and approved, and the agency or the client assumes editorial responsibility.
  • Short copy (headlines, slogans, etc.) that is developed from AI suggestions but finalised by a human.
  • Supporting tasks such as translation, grammar checks and text optimisation – here, AI is merely a tool; the content is published by people.

4. What is the correct way to label items?

The EU icons are optional, but the transparency requirement is not. The Code of Practice recommends combining the icon with a plain-text label, as this is what users understand best.

Recommended best-practice wording:

  • Fully AI-generated real images/videos (including AI models):
    ‘Fully AI-generated content’ (plus optional ‘Fully AI-Generated’ icon).
  • Realistic photos featuring AI-generated furniture, face swaps or similar adjustments:
    ‘Image partially edited using AI’ (plus an optional ‘Partially AI-Modified’ icon).
  • AI voices in adverts:
    ‘Voice generated using AI’ (audio disclosure at the start or clearly visible in the credits).

5. Placement of the label in adverts and commercials

In accordance with the Code of Practice:

  • Timing: The icon/label must be clearly recognisable no later than when the content is first noticed.
  • Position:
    • clearly visible, not obscured by other elements;
    • embedded directly within the image or video wherever possible, so that the credit remains visible even when the content is shared or downloaded.
  • Language &; Comprehensibility:
    • short, simple phrases, no technical terms;
    • ‘AI’ is accepted as an abbreviation and is widely understood.

For audio formats (audio-only clips), a brief spoken notice is to be included at the start of the deepfake (‘This content contains a voice generated by AI’ or similar).

6. Attention!

The AI label does not replace other labelling requirements (e.g. ‘advertisement’, ‘promotional content’ under the Media Act in the case of paid placements).

Conversely, the AI label does not exempt users from obligations under data protection, copyright or competition law – in particular, it does not exempt them from the duty to obtain the necessary consents and rights to images, voices, music, etc.

Note: This article is intended solely to provide general information and does not in any way constitute legal advice from ATTYS 05 Rechtsanwälte GmbH. It cannot replace individual legal advice. ATTYS 05 Rechtsanwälte GmbH accepts no liability of any kind for the content or accuracy of this article. .