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

(140) For Union media law, editorial responsibility is a crucial concept defined in Article 2(8) of Regulation (EU) 2024/1083 (the European Media Freedom Act or EMFA) (39). In that context, ‘editorial responsibility’ means ‘the exercise of effective control both over the selection of programmes or press publications and over their organisation, for the purposes of the provision of a media service, regardless of the existence of liability under national law for the service provided’. In certain situations, this definition may overlap with the notion of editorial responsibility used in Article 50(4), second subparagraph, AI Act, in particular where the deployers of the AI system also qualify as media service providers under the EMFA. Editorial responsibility within the meaning of Article 50(4) AI Act should therefore be interpreted in line with the existing media acquis, notwithstanding the fact that it remains a distinct concept that may also apply in broader contexts and to other deployers, so long as they assume editorial responsibility for the text publication. Media service providers may rely on their existing editorial processes and standards to benefit from the exception under Article 50(4), second paragraph, AI Act.