Guides · Article 50 · EU AI Act
AI-generated video and EU AI Act disclosure
AI can now generate video from a prompt or heavily manipulate existing footage. Two parts of Article 50 of the EU AI Act can be relevant, and they fall on different parties: the content-marking duty on providers (50(2)) and the deepfake-disclosure duty on deployers (50(4)). Which applies depends on the system and the output. This guide explains both. It is informational only, not legal advice.
Synthetic video generation — Article 50(2), providers
Article 50(2) provides that providers of AI systems generating synthetic audio, image, video or text content must ensure the outputs are marked in a machine-readable format and detectable as artificially generated or manipulated, using solutions that are effective, interoperable, robust and reliable as far as technically feasible (Regulation (EU) 2024/1689). Video is named expressly, so a system that generates video output engages the kind of content the paragraph describes — and the marking duty sits on the provider of the generator. The paragraph's carve-outs for assistive standard editing and output that does not substantially alter the input can also be in play; whether they apply is fact-specific.
Deepfake video — Article 50(4), deployers
Separately, the regulation text provides that deployers of an AI system that generates or manipulates image, audio or video content constituting a deep fake must disclose that the content has been artificially generated or manipulated (Article 50(4), Regulation (EU) 2024/1689). This is a deployer-side duty, distinct from the provider-side marking in 50(2), and the two can apply to the same video for different parties. Where the content forms part of an evidently artistic, creative, satirical, fictional or analogous work, the text limits the obligation to disclosing the existence of the generated or manipulated content in a manner that does not hamper enjoyment of the work. Whether your output is a 'deep fake' and whether a carve-out applies are fact-specific.
Map the system and your role
Because 50(2) is provider-side and 50(4) is deployer-side, the same AI video can put duties on more than one party. Identify whether you are the provider of the generator, the deployer using it, or both, and whether the output is realistic enough to be a deepfake. Article 50(5) adds the timing and accessibility rules. Confirm with qualified counsel; our free scope check gives an informational read on which paragraphs may apply.
Common questions
Is AI-generated video the same as a deepfake under the Act?
Not necessarily. Article 50(2) covers provider-side marking of synthetic video generally; Article 50(4) covers deployer-side disclosure of video constituting a deep fake. One, both, or neither may apply depending on the output and your role — a fact-specific question for qualified counsel.
See what may apply to your business
Answer seven quick questions for an automated, informational indication of which Article 50 obligations appear likely to apply — free, and not legal advice.