Since 2 August 2026, deployers of AI systems that generate deepfakes have been required to disclose that the content has been artificially generated or manipulated. In other words, they must label deepfakes. The AI Act officially defines a deepfake as “AI-generated or manipulated image, audio or video content that resembles existing persons, objects, places, entities or events and would falsely appear to a person to be authentic or truthful.”
But how does this deepfake labeling requirement apply in the context of advertising? There is quite a bit of confusion about this in the advertising industry. When is labeling required, and when isn't it? Advertisers and advertising agencies have their hands full trying to figure it out, and I get plenty of questions on the subject. So here are a few examples drawn from my legal practice that will hopefully help clarify things.