Article 50 of the AI Regulation stipulates that, from August 2026, certain AI-related content must be labelled (find out more here). There is considerable uncertainty as to what constitutes a ‘deepfake’ that is subject to this labelling requirement.
The law defines ‘deepfakes’ as image, audio or video content generated or manipulated by AI ‘that resembles real persons, objects, places, institutions or events and would falsely appear to a person to be genuine or truthful’.
What are AI deepfakes?
≠ Deepfake: obviously fictional content
- Examples: comics, fantasy depictions, a unicorn galloping over a rainbow, a mermaid in a supermarket
- Not a deepfake = no labelling requirement
✓ Clear deepfake: existing people, places, events
- Depictions of real people, places or events, provided they are AI-generated or manipulated and capable of deceiving, e.g.:
- an AI-generated video falsely showing the Chancellor waving a rainbow flag on the balcony of the Chancellery,
- an audio recording in which a celebrity’s voice is artificially replicated to spread false statements,
- an image of a fictional demonstration in front of the Brandenburg Gate that never actually took place.
- Deepfake = labelling requirement
? Deepfakes: fictional but realistic-looking content
- It is disputed whether photorealistic – but in fact non-existent – fictional AI content must also be labelled as deepfakes, e.g.
- AI-generated, realistic-looking models presenting clothing in online shops,
- deceptively realistic so-called ‘AI models’ (virtual influencers) who behave like humans online but are not modelled on real people,
- photorealistic, AI-generated people set against fictional but authentic-looking landscapes,
- podcast dialogues between non-existent people that sound to the listener like a conversation between real people.
Does fictional but realistic-looking content need to be labelled?
Yes. If you want to be on the safe side, you should also label AI-generated content that, whilst photorealistic, does not depict real people, objects or places.
This applies at least whenever the content is likely to deceive the average viewer and be taken for genuine, as is the case, for example, with deceptively lifelike ‘AI models’ or authentic-looking videos of purely fictional events.
Check question:
- Can the average viewer assume that the person, object, place, setting or event depicted is real?
→ Yes: labelling requirement
- Could the content be mistaken for being genuine or truthful?
→ No, e.g. because the content is clearly recognisable as fictional, satirical, artistic or unrealistic: no labelling required.
Conclusion: The more AI content appears to be a real person, a real place or a real event, the more it should be labelled as AI-generated.
Are you unsure whether your AI-generated content is a deepfake and needs to be labelled? Get in touch with us, and we’ll check it for you!