New AI Law: Should Generated Content Be Labeled?

The issue of AI ethics is also a matter of transparency – should we, or do we even have an obligation to, label content generated by artificial intelligence?

If we wish to be honest with our clients (building trust through content transparency and service quality), then yes, we should – indeed, we must – label content created using ChatGPT or similar chatbots. This lets us openly inform consumers that the content they are viewing was not created by a human, and that we do not bear direct responsibility for it. Such transparency empowers the potential client to make a fair choice based on complete information provided by the company.

You can find out more about the transparency requirements introduced by the AI Act in our article. 

The European Union Is Taking Its First Steps Towards Controlling AI Content

On August 2, 2026, the so-called “AI Act” entered into force in the European Union. It is EU legislation mandating the labeling of specific content generated or modified using artificial intelligence.

Not all AI-generated content automatically requires a label, although such transparency is certainly welcome and will undoubtedly be appreciated by potential consumers of our content. However, there are certain types of content that must always be labeled. For example:

1)      Images, audio recordings, and videos created using artificial intelligence that fall into the “deepfake” category – that is, content designed to resemble real people, places, or events, and which can mislead the viewer by falsely convincing them that the depicted events actually took place.

2)      Texts concerning matters of  public interest – those aimed at informing the public or encouraging specific attitudes – must always disclose if they have been manipulated or entirely created by AI.

3)    Systems used in areas critical to society – such as education or medicine  – are subject to rigorous standards that require human oversight. 

4)      Chat conversations when there is artificial intelligence “on the other side of the screen.” The user has the right to know that  they are talking to a chatbot rather than a human. This is particularly important when it comes to taking responsibility for a mistake.

What Do We Not Need to Label as AI-generated?

As with any rule, there are at least a few exceptions here as well. These include, among others:

1.      Content subject to editorial control – the obligation to apply an AI label does not apply to texts verified by a human, as the editorial team assumes full responsibility for any inaccuracies in the article.

2.      Content that has merely been “enhanced” using AI – rather than generated from scratch or significantly modified – such as language correction, assistance with content layout, structural sketching, or basic image editing (e.g., sharpening a photo).

3.      Additionally, any artistic work – such as satirical or fictional pieces – must be marked in a way that does not interfere with how it is perceived.

How Should AI Act Labels Be Applied?

In accordance with guidelines published on the European Commission’s website, we may use official EU icons designed to mark content generated or manipulated by AI, or simply include a clear, transparent text message that unequivocally highlights the use of AI. This could be as simple as a sentence such as “Content  generated using artificial intelligence,” placed in a prominent position within the publication.

Is the AI ​​Act Intended to Combat Artificial Intelligence?

Quite the opposite. The AI ​​Act aims to support the development of artificial intelligence systems by fostering human-AI collaboration. This enables both employees and consumers to build trust in the new technology. For employees, it sends a clear signal that they will not be replaced by AI systems – after all, their oversight of content is essential for the company’s proper functioning. Meanwhile, consumers can appreciate the transparency of AI-generated content, which establishes the business’s reputation as open and honest.

The primary reason for the AI ​​Act is the desire to protect consumers and businesses from potential errors. Chatbots are trained on pre-existing content that does not necessarily align with reality. It can sometimes be difficult to trace the source of a specific piece of information or prediction generated by AI. In this context, the AI ​​Act safeguards us against misinformation: if a human is required to verify an error, they assume responsibility for the unverified content. Conversely, if the use of AI in creating the text is explicitly disclosed, the recipient knows they are dealing with content that may not be 100% accurate and can take steps to verify the information provided.  

What about Content Generated and Published before 2 August 2026?

Rest assured – the law does not apply retroactively here. If any content on your website was previously modified or entirely generated by artificial intelligence, there is no need to worry; such content does not require labeling. Of course, for the sake of full transparency, doing so is certainly beneficial and meets customer needs. However, from a legal standpoint, the new regulations do not mandate informing the customer about AI-generated or AI-modified content created prior to the entry into force of the transparency code of conduct.  

It is worth noting that content published prior to the entry into force of the Act, which has since been updated or reposted on the website, should already be marked in accordance with the new guidelines. 

I Am an Entrepreneur Using AI: What Are My Obligations under the New Law?

First and foremost, it is essential to ensure that there is a human being behind every piece of text posted on the site. Editorial oversight helps streamline the content creation process; in this role, the employee acts as an editor and critic of the generated content, eliminating any errors before publication and thereby enhancing the company’s image.

Another essential step is training the entire workforce on AI-generated content and the obligation to label such content. A content provider serving a specific audience bears the responsibility of educating the public; consequently, transparency serves not only their own interests but also the public interest.  

Moreover, from a purely marketing perspective, standardizing the rules for indicating that content has been generated by  AI tools will help shape the company’s image. A consistent, transparent, and honest message accompanying every piece of generated content – whether an image or text – will become part of how our company is perceived visually.  

Labeling AI-generated Content: Do We Really Need It?

From a business owner’s perspective, the obligation to mark and label AI-generated content might seem unnecessary. Many likely assume that when visiting a company’s website, a potential customer knows they are being shown the best version of a product or service – even if the advertisement isn’t entirely candid. However, today’s customers increasingly value transparency, even at the expense of aesthetics.

Let’s look at the matter from the consumer’s perspective – a role each of us plays at times: in an era where AI capabilities are constantly improving, wouldn’t we want to know which content is created using AI tools? While the new obligations stemming from the AI ​​Act might seem burdensome, they actually represent another step toward transparency, helping to align our values ​with the actual content on our website.  

Transparency obligations are, therefore, not our enemy. Their sole purpose is to improve and streamline cooperation between companies and their customers. Once we familiarize ourselves with the new rules regarding the labeling of content that is fully generated or modified using AI technology, we may quickly find that the process is neither difficult nor labor-intensive. Instead, these new rules will serve as a tool to demonstrate that the company’s code of conduct regarding generative AI is rooted in honesty and transparency, thereby strengthening our customer relationships.   

At Wide Vision, we stay up to date with all regulations regarding content published on corporate websites – which is why partnering with us to create your site is a smart choice. Thanks to our expertise, you can be confident that all the content we produce is fully compliant with EU requirements.

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