AI In Advertising

When Must Companies Label Content?

Background altered using AI, lighting adjusted, distracting detail removed: in marketing, this is done in no time. The transparency rules set out in the AI Regulation have been in force since 2 August 2026. However, the regulation does not require every AI-edited image to be visibly labelled.

What matters when it comes to photos

A disclosure is particularly necessary when an AI-edited photo is a deepfake: it resembles a real person, object, place or event and could be mistaken for the real thing. In such cases, it must be disclosed that the image has been artificially generated or altered.

A realistic-looking background inserted using AI may therefore be relevant – for example, if it gives the impression that a product was photographed in a location where it has never actually been. Whether this constitutes a deepfake in a specific case depends on the overall image and its effect.