Must AI images be labelled? Here's where the line runs
Since 2 August 2026, the EU's transparency rules for AI content have applied — and rumour has it that everything must now be stamped as AI-generated. It doesn't. The line is simpler than the rumour, and it is good news for anyone building their own.
Two duties, but only one is yours
The AI Act separates two things. The first is machine-readable provenance in the file itself — invisible metadata and watermarking that shows the content is synthetic. It applies to all AI-generated material, but the duty sits with the tool provider, the service that generates the image. Your job is simply not to strip the provenance from your files.
The second is a visible disclosure — a readable notice that the content is AI-generated. That duty sits with you as the advertiser. But it applies to one thing only. Deepfakes.
What is a deepfake, and what is not
A deepfake is AI content that resembles existing people, objects, places or events and could be mistakenly perceived as authentic. If you show something real in a way that looks authentic, disclose clearly.
A fully synthetic world with no real referent falls outside the definition. An invented character in an invented environment forges nothing. Fiction is not a forgery of anything, and there is therefore no legal visible labelling duty. One nuance is worth watching. Exactly where the line runs for photoreal, fully invented humans is still being discussed in the EU's guidance. Keep an eye on it, or ask us.
Practice is easier than you think
The rule of thumb in production is short. If the image shows a real person, place or event in a credible way, disclose clearly. If it is fully synthetic, there is no visible duty. Platforms like TikTok, Meta and YouTube may still require an AI label for realistic content, but that is terms of service, not law. A publishing question rather than a legal one.
The nice thing about a locked world with documented origin is that the labelling answer is usually settled before anyone has time to ask. Order in production is the best compliance plan.
