Sometimes — but there’s no rule that every AI-made image or post needs a “made with AI” tag. Two narrower duties apply: AI tools must invisibly mark what they generate, and you must disclose deepfakes and AI-written public-interest articles.
The Act separates (1) machine-readable marking — an invisible signal baked into AI output so software can detect it, which is the job of whoever provides the generative system — usually Midjourney, ChatGPT and the like, though it is you if you have released your own AI tool or feature — from (2) disclosure to people, i.e. telling your audience, which only applies in specific cases.
This is the big misconception. The Act does not require every AI-assisted image, product photo or marketing post to carry a label. Ordinary AI-assisted marketing content is largely outside it, and minor touch-ups and standard edits are specifically carved out.
Deepfakes: realistic AI-generated or -manipulated images, audio or video of real-looking people or events must be disclosed as artificial (with a lighter touch for obviously artistic or satirical work). AI-written public-interest text: text published to inform the public on matters of public interest (news, health, politics, consumer info) must be disclosed — unless a person has genuinely reviewed it and holds editorial responsibility. The text speaks of human review or editorial control, with a natural or legal person holding editorial responsibility.
The disclosure duties apply from 2 August 2026. The invisible machine-readable marking has until 2 December 2026 for tools already on the market before August.
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