What counts as a deepfake under the EU AI Act?
Any AI-generated or AI-altered audio, image or video that resembles real people, places or events and could pass as authentic. For businesses that includes AI models, AI voiceovers, face swaps and AI-edited campaign photos — not just celebrity scams.
The business-relevant definition
Article 3(60) defines deep fakes as AI-generated or manipulated content that "resembles existing persons, objects, places, entities or events and would falsely appear to a person to be authentic or truthful". Translate that to marketing:
- AI fashion models wearing real products → deepfake territory. Label.
- AI voiceover indistinguishable from a human → label.
- AI background swap in a product photo, product untouched → usually fine, but label if it could mislead.
- A clearly cartoonish AI mascot → not realistic, low risk.
The labeling duty
Article 50(4): deepfakes must be disclosed visibly and clearly when published. Full guide →
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The assessment
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