Do you have to
label AI video?
Sometimes. Since 2 August 2026, Article 50 of the EU AI Act requires anyone using AI to create a deepfake to disclose that it is artificially generated or manipulated. A deepfake is AI content that resembles real people, objects, places or events and would falsely appear authentic to viewers.
So an AI video that viewers could mistake for real footage must be disclosed. This page is general information, not legal advice.
Updated: 9 November 2026
Which rule applies when
| Would it seem real? | What to do | |
|---|---|---|
| Realistic scene or person | Yes | Clearly disclose that it is AI |
| Clearly creative or fictional work | It may resemble reality | Disclose in a way that doesn't spoil the work |
| Obvious cartoon or fantasy | No | Usually not a deepfake; a label is still good practice |
For evidently artistic, creative, satirical or fictional work, the rule is lighter: you must disclose that AI content is present, but in a way that does not hamper the display or enjoyment of the work.
What this means for brands
- Label clearlyUse a visible text such as "Made with AI" at the first moment viewers see it.
- Check real peopleDon't use anyone's likeness or voice without permission.
- Be honest in claimsAn AI image must not make a product seem better than it is.
- Follow platform rulesPlatforms such as TikTok, Instagram and YouTube have their own AI labels.
Who is responsible?
The AI Act distinguishes between providers, who make the AI systems, and deployers, who use them. Machine-readable marking is an obligation for providers. Disclosing a deepfake is an obligation for deployers. For the rules themselves, read Regulation (EU) 2024/1689, Article 50 and the definition in Article 3(60), or ask a lawyer about your specific campaign.
Questions
Does every AI video need a label?
Not every AI video is a deepfake. The disclosure duty applies to content that resembles reality and would falsely appear authentic. If in doubt, label it: a short text costs little and builds trust.
Does a label ruin the effect of an ad?
Not necessarily. The AI Act allows creative work to disclose AI use in a way that does not hamper the work, and a clear, stylish label can fit the design.
Since when does this apply?
The transparency rules of Article 50 apply from 2 August 2026. A transition period until 2 December 2026 applies only to providers of certain existing AI systems for machine-readable marking.
Keep reading
- What is AI video?How AI video is made, what brands use it for and where its limits are.
- What does AI video cost?What determines the price, and how to compare offers fairly.
- AI video or a film shoot?An honest comparison, including when filming is the better choice.
- How to brief an AI videoWhat to prepare so the result fits your brand the first time.