# Do you need to label content made with AI?

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Check your role and how people encounter the content. A technical marker in tool output, disclosure when publishing and notice of an AI conversation are different duties. “Always” or “never” does not settle every Article 50 case.

## Who marks, and who discloses?

The provider of a system generating synthetic text, images, audio or video has the duty to mark output in a machine-readable format as artificially generated or manipulated. The law recognises technical feasibility and content limitations. This is not necessarily a visible caption beneath a publication.

When publishing, check separately whether you are a deployer and whether the content constitutes a deepfake or text published to inform the public on matters of public interest. These cases carry disclosure duties of their own. The distinction does not exhaust every business obligation under the regulation.

Providers of systems interacting directly with people must ensure notice of the AI interaction, unless it is obvious under the statutory test and context. Emotion recognition and biometric categorisation have separate rules too; notice does not make a prohibited use lawful.

## Which dates should you check?

General Article 50 application starts on 2 August 2026. For providers of synthetic-content systems placed on the market before that date, the amendment gives a technical-marking deadline of 2 December 2026.

That transition concerns the particular output-marking duty. Do not treat it as a general postponement of deepfake, public-interest text or AI-interaction disclosure. Record the role and date together.

## How the exceptions work

Check the exception against its particular paragraph:

- Technical marking has an exception for standard assistive editing or where input data and meaning are not substantially altered.
- For public-interest text, the exception requires human review or editorial control and a person holding editorial responsibility for publication.
- For evidently creative, satirical or fictional work, disclosure is adapted to its enjoyment rather than simply removed.
- Exceptions for legally authorised crime-related activities have their own scope; ordinary marketing does not acquire one by choice.

Do not substitute an author name for actual human review. Equally, do not turn the condition into a universal caption requirement for every AI use. Other transparency rules may still apply.

## What to record for a business website

For each use, record the tool, content, publication purpose, reviewer and person responsible. If people interact with AI, check how and when they learn that. Applicable information must be clear, distinguishable and accessible by the first interaction or exposure at the latest.

For a realistic image or clip, check whether it appears to authentically represent an existing person, object, place, entity or event. Assume neither that every product image is a deepfake nor that advertising is automatically excluded.

## Questions

### Does every AI image need a visible label?

Tool use alone does not establish that universal rule. Check the case and your role. Machine-readable marking and disclosure to the audience are separate questions.

### Is naming a human author enough?

Not for the public-interest text exception. Human review or editorial control and actual editorial responsibility are needed. Check the work performed, not just the byline.

### Is a small business automatically exempt?

Not on size alone. Establish whether the duty’s conditions are met and whether a particular exception applies. “Small business” does not replace that check.

## Sources

- [AI Act: Article 50 and definitions](https://eur-lex.europa.eu/eli/reg/2024/1689/oj/eng)
- [Amendment: technical-marking transition](https://eur-lex.europa.eu/eli/reg/2026/1744/oj/eng)

## Related reading

- [Digital Omnibus: which AI Act dates changed?](https://ergostrat.com/en/ai-act-readiness/digital-omnibus.html)
- [Are there small-business exemptions under the AI Act?](https://ergostrat.com/en/ai-act-readiness/sme-exemptions.html)

## Find out which content uses require disclosure.

EU AI Act Readiness records where AI creates content in your business and which cases need checking under Article 50. The operational assessment flags legal questions without replacing a legal opinion.

[Ask about EU AI Act Readiness](mailto:contact@ergostrat.com?subject=AI%20content%20labelling%20question)