<\/p>\n
Amsterdam-based Jeroen Schouten<\/a> and Nienke Kingma<\/a> of Pinsent Masons, who specialise in AI regulation and technology law, made the recommendation ahead of transparency rules under the EU\u2019s AI Act taking effect on 2 August.<\/p>\n Under Article 50 of the AI Act, providers of AI systems face a general duty to ensure people they intend to interact directly with their system are informed that they are interacting with an AI system. That duty does not apply if it is \u201cobvious from the point of view of a\u00a0natural person who is reasonably well-informed, observant and circumspect, taking into account the circumstances and the context of use\u201d. Exceptions also apply for certain law enforcement purposes.<\/p>\n Providers must also ensure that, where their system generates synthetic audio, image, video or text content, those outputs are marked in a\u00a0machine-readable format and detectable as artificially generated or manipulated.<\/p>\n Deployers of an AI system that generates or manipulates image, audio or video content constituting a\u00a0deep fake, must also generally disclose that the content has been artificially generated or manipulated, subject to limited law enforcement-related exceptions. If the content forms part of an evidently artistic, creative, satirical, fictional or analogous work or programme, the transparency obligations \u201care limited to disclosure of the existence of such generated or manipulated content in an appropriate manner that does not hamper the display or enjoyment of the work\u201d.<\/p>\n Businesses must also generally tell people when they are using an emotion recognition system or a\u00a0biometric categorisation system.<\/p>\n The various transparency obligations must be discharged \u201cin a\u00a0clear and distinguishable manner at the latest at the time of the first interaction or exposure\u201d and the information must \u201cconform to the applicable accessibility requirements\u201d. The information must be made available no later than before the first interaction with or exposure to the content.<\/p>\n The European Commission published a\u00a0code of practice<\/a> to support compliance.<\/p>\n Schouten said: \u201cThis voluntary code of practice provides practical implementation of the requirements for marking AI-generated content and labelling \u2018deep fakes\u2019. It sets out the technical and organisational steps providers and users of gen-AI systems can take to comply with the transparency requirements. Organisations that sign the code of practice may also be better placed to demonstrate to customers, end-users, and other stakeholders how they meet the obligations.\u201d<\/p>\n Kingma said: \u201cBusinesses should not treat these transparency obligations as a purely technical labelling exercise. They should map where AI-generated or AI-manipulated content is produced or used across the organisation, assess which Article 50 obligations apply, and update governance, product, marketing and user-facing disclosure processes accordingly..\u201d<\/p>\n EU lawmakers recently finalised amendments to the AI Act that will have the effect of delaying the deadline<\/a>\u00a0for complying with the transparency obligations for some businesses. For gen-AI providers whose\u00a0gen-AI models<\/a>\u00a0are released before 2 August, they will have until 2 December this year to meet the new requirements. The requirements \u2013 including in respect of deep fake disclosures \u2013 otherwise apply from 2 August, Kingma highlighted.<\/p>\n","protected":false},"excerpt":{"rendered":"
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