TMT analysis: From 2 August 2026, anyone using AI to generate images, audio, video (or in some cases, text) for professional purposes may need to label the content as AI generated or manipulated. Article 50(4) of the EU AI Act (‘Act’) requires ‘deployers’ of AI systems to clearly disclose that content has been artificially generated or manipulated in two distinct scenarios: where image, audio or video content qualifies as a ‘deepfake’ (a broadly defined concept, explored further below) which is likely to capture a raft of AI-generated advertising and creative visual assets; or where AI generated or manipulated text is published with the purpose of informing the public on matters of public interest and has not undergone human review or editorial control. Routine AI-drafted advertising copy will generally sit outside this second scenario, provided it does not include claims relating to matters such as health, consumer safety or sustainability. The reason for these new labelling rules is so that audiences should be able to tell fact from fabrication, rather than being quietly deceived that a photorealistic AI creation is real or authentic. However, the practical assessment as to who is the ‘deployer’ of AI in a typical advertising chain, and what may be a ‘deep fake’ under the Act, is an objective test to be determined on the facts. Written by JJ Shaw, Brinsley Dresden, and Gemma Jones of Lewis Silkin LLP