Code of Practice on Transparency of AI-Generated Content (marcatura ed etichettatura dei contenuti generati o manipolati dall'IA)

LEGAL TEXT: Article 50(4) and 50(5) and recitals 133 and 135 AI Act

4. Deployers of an AI system that generates or manipulates image, audio or video content constituting a deep fake, shall disclose that the content has been artificially generated or manipulated. This obligation shall not apply where the use is authorised by law to detect, prevent, investigate or prosecute criminal offence. Where the content forms part of an evidently artistic, creative, satirical, fictional or analogous work or programme, the transparency obligations set out in this paragraph are limited to disclosure of the existence of such generated or manipulated content in an appropriate manner that does not hamper the display or enjoyment of the work.

Deployers of an AI system that generates or manipulates text which is published with the purpose of informing the public on matters of public interest shall disclose that the text has been artificially generated or manipulated. This obligation shall not apply where the use is authorised by law to detect, prevent, investigate or prosecute criminal offences or where the AI-generated content has undergone a process of human review or editorial control and where a natural or legal person holds editorial responsibility for the publication of the content.

5. The information referred to in paragraphs 1 to 4 shall be provided to the natural persons concerned in a clear and distinguishable manner at the latest at the time of the first interaction or exposure. The information shall conform to the applicable accessibility requirements.

To fulfil their obligations under Article 50(4) and (5) AI Act, Signatories commit to ensure consistent and effective disclosure of the artificial origin of deep fakes or published text. Signatories commit to implement such disclosure through the available EU icon provided in Annex 1 of the Code or through an equivalent icon or label that complies with the design and placement specifications as described in the following measures. Signatories may integrate the icon or equivalent label into their existing disclosure practices under applicable sectoral Union and national legislation or professional codes of conduct, to the extent that those practices comply with this Section of the Code and Article 50(4) and (5) AI Act. Signatories recognise that the act of labelling does not exempt them from other Union and Member States’ laws, such as those related to the protection of third parties’ rights and freedoms, including applicable legal requirements regarding obtaining consent of the depicted persons or rightsholders.