The classic trap
Recital 134 clarifies Article 50(4) of the AI Act: any deployer generating or manipulating images, audio or video that appreciably resembles real persons, places or events (deep fakes) must clearly label the output as artificial. The trap is twofold: believing the artistic or satirical exception fully removes the labelling duty (it does not, it only lightens it), and forgetting the text dimension (an AI-generated press release, blog post or LinkedIn article on a matter of public interest also requires disclosure, unless documented human editorial review). The EU AI Office will supervise enforcement at EU level, and Luxembourg's CNPD remains competent as soon as a real face or voice is used (biometric data under GDPR).
How to read this recital to calibrate your compliance
- Default labelling: every deep fake must carry a visible or audible 'AI-generated content' notice, unless you can demonstrate it is part of an evidently creative, satirical or fictional work.
- Lightened, not removed artistic exception: even in a film, music video or parody, you must still disclose the existence of the manipulated content, but in a way that does not spoil the work (end credits, description field, discreet watermark).
- Public interest text: an article, op-ed or policy note generated by AI must be flagged, unless human editorial review is documented with a natural or legal person holding editorial responsibility.
- Burden of proof: the deployer must demonstrate it falls within an exception, not the regulator the opposite.
- GDPR overlay: if the deep fake uses an identifiable person's face or voice, a GDPR legal basis (usually consent) is required on top of the AI Act labelling.
How Luxgap automates this risk
Our Luxgap Deepfake Disclosure Gate prevents the publication of any synthetic content without proper labelling, by sitting between your generative tools (Midjourney, Sora, ElevenLabs, HeyGen, Runway, ChatGPT, Copilot, Adobe Firefly) and your distribution channels (M365, WordPress, LinkedIn, Meta Business, YouTube, SharePoint intranet). The AI agent automatically detects the content type, computes whether it falls under an artistic or editorial exception, and applies the correct disclosure level before any export.
- Scans every file leaving your generative tools and injects C2PA Content Credentials metadata together with a visible watermark adapted to the format (image, video, audio, PDF).
- Classifies the content into four regimes (standard deep fake, manifestly creative work, public interest text, internal unpublished content) using a grid aligned with recital 134 and Article 50(4).
- Detects the presence of real persons' faces or voices via biometric recognition and blocks publication until the GDPR legal basis is documented in the register.
- Generates a timestamped editorial trail proving human review for public interest texts, electronically signed by the designated editorial owner.
- Produces a cryptographically sealed PDF report, enforceable against the EU AI Office and the CNPD, proving systematic labelling over the last 24 months.
- Sends instant Teams or Slack alerts whenever an employee tries to publish synthetic content without going through the gate, with a direct link to the remediation workflow.
Available as a complement to a Luxgap DPO or CISO mandate or as a dedicated SaaS module depending on your generative AI footprint. Request a tailored quote and our team will prepare a demonstration on your actual generative stack, including a free 48h baseline audit that inventories your already-published synthetic content and measures your AI Act exposure before any engagement.
