Guidelines on the implementation of the transparency obligations for certain AI systems under Article 50 of the AI Act — C(2026) 5054 final, Annex

(131) For the purpose of clarifying the scope of Article 50(4), second subparagraph, AI Act, three elements are examined below: (i) published text (ii) with the purpose of informing the public (iii) on matters of public interest.

i. Published text: The AI-generated or manipulated text should be published. This means that the text should be accessible by an indeterminate, fairly large number of unrelated, potential readers simultaneously and/or successively, whether or not against payment (e.g. subscriptions) (38). By contrast, text is not considered published if access is

(37) For more detailed clarification, see the joint Commission and EDPB guidelines on the interplay between the AI Act and EU data protection law (under preparation).

(38) See, by way of analogy, C-89/04, Mediakabel, EU:C:2005:348, para. 33; C-192/04, Lagardère, EU:C:2005:475, para. 31; C-306/05, SGAE, EU:C:2006:764, para. 37-40; C-527/15, Stichting Brein,

restricted to specific individuals belonging to a closed, private group (e.g. a small, closed group on an instant messaging app, or if the group is too small or insignificant). Examples of text not considered published include e.g. private, interpersonal correspondence (for professional purposes), or organisation-internal texts or communications (e.g. publications on internal corporate networks).

ii. Informing the public: The AI-generated or manipulated published text should aim to inform the public. This entails that the text should intend to communicate knowledge, opinions or facts. By contrast, short texts which do not materially communicate knowledge, opinions or facts, cannot be deemed to inform the public.

iii. On matters of public interest: The text should inform the public ‘on matters of public interest’. In general, such matters should be understood to cover those relevant to society at large, whether at a local, national, Union or international level, and meriting public debate or scrutiny. In that regard, texts should be considered to address public interest matters if they cover topics on politics and democratic processes, public administration and services, the administration of justice and law enforcement, the protection of fundamental rights, public security, public health, environmental protection, consumer safety, and any economic, financial, political, scientific, or cultural development that may be relevant subject of public debate. Matters that may be considered to be of public interest can evolve over time and across contexts. Examples of text published with the purpose of informing the public on matters of public interest under Article 50(4) AI Act Act which must be labelled as artificially generated or manipulated unless subject to human review/editorial control (see Section 6.2.3.):

- AI-generated summary of a human-authored article on a newspaper’s website discussing a recent decision by a town council.

- AI-manipulated parts of a lifestyle-website article comparing the effects of various diets on a particular disease in middle-aged women.

- AI-manipulated corporate reports published on a listed company’s website containing investor information.

- AI-generated message on a meteorological institute’s social media profile warning citizens about stormy weather and related precautionary measures. Examples of text which is not published with the purpose of informing the public on matters of public interest falling outside the scope of Article 50(4) AI Act:

- AI-generated fantasy novels.

- AI-manipulated text that is part of a company’s advertisement or product descriptions (not including any claims related to e.g. health, consumer safety or sustainability).

- News summary generated by a chatbot that is only available to the user that prompted the chatbot.

- AI-manipulated text by a consultant for a client advice regarding measures to be taken for regulatory compliance with applicable legislation.

EU:C:2017:300, para. 43-44 and case-law cited; Case C-135/23, GEMA, EU:C:2024:526, para. 38 and case- law cited).