The EU AI Act for Marketers & Creators // Do your content edits require an AI label?

The EU AI Act for Marketers & Creators // Do your content edits require an AI label?

I've received a number of questions from people asking whether or not the AI label has to be included if you are using AI tools to make edits. I’m not a lawyer, so this is not a legal take, but it appears from Article 50 that ordinary editing of photos and videos is exempt from the requirement to display the AI label, so you won't need to include it for quality improvements, such as:

• Increasing resolution

• Sharpening

• Reducing noise

• Applying automatic colour grading to both images and video

You also don't need it for basic touch-ups, including:

• Regular skin smoothing

• Removing small blemishes

• Removing objects or deleting other people from the background

However, you do need a label when you are changing the context. For instance, when using the generative fill function or when creating a new background, if that new background is generated by AI.

Regarding deepfakes, this applies whether the case involves video, images, or the use of synthetic voices in audio recordings. Essentially, any type of media created by AI or altered to resemble/trying to be a real person, object, or place, and trying to appear authentic, must be labelled.

In instances where a person's actions have been changed, their body shape has been significantly altered, or face-swapping is used, disclosure labels are required. As the publisher, you are considered the ‘Deployer’ under the regulations. A clear notice, such as an AI icon or the words "AI manipulated", must be shown the first time the content is viewed, typically as a visible watermark on the media itself.

Another critical point for deployers (that's us, to be clear): the file should retain its embedded metadata watermark (which software ‘Providers’ like OpenAI, Google, or Adobe are responsible for initially embedding) so platforms like Instagram, TikTok, or Facebook can detect it automatically.

If you import an AI image into design software like Canva, edit it, and export it again, that provenance metadata might be stripped. You could then risk liability for publishing a file missing its required embedded information, which is why export workflows need careful attention.

You can read the full Act here: https://ai-act-service-desk.ec.europa.eu/en/ai-act/article-50