In 2024, the European Union passed landmark legislation regulating the use of artificial intelligence - the AI Act (EU Regulation 2024/1689). This is the world's first piece of legislation that details in what situations and under what conditions AI can be used in commercial operations. For business owners and marketers commissioning the production of video ads - this is a key change.
With the growing popularity of AI-generated video (synthetic voices, faces, animations, deepfakes) also comes new legal obligations. If your campaign features AI-generated content, it must be properly labeled - otherwise you could expose your company to serious consequences.
What exactly does the AI Act introduce?
The AI Act does not prohibit the use of artificial intelligence in marketing - on the contrary, it allows many creative applications. But it sets clear boundaries:
Prohibits unethical practices (e.g., emotional manipulation, exploitation of vulnerable groups).
Introduces mandatory labeling of AI-generated content that may be misleading as to its authenticity.
It introduces a system of financial sanctions for violators.
When do the regulations take effect?
August 1, 2024. - AI Act comes into effect.
February 2, 2025. - regulations prohibiting the manipulative use of AI and requiring so-called "AI literacy" take effect.
August 2, 2025. - financial sanctions and information obligations to content consumers come into effect.
August 2, 2026. - Full application of AI Act for high-risk systems.
For the marketing and advertising industry, the second and third dates are crucial - it is from February 2025 that AI content must be properly labeled, and from August 2025 there are already real penalties for not doing so.
What do you need to tag in video ads?
If you are creating or commissioning a campaign that includes AI-generated elements, you should label them in a way that is clear, unambiguous and understandable to the recipient. This includes:
AI-generated voiceovers,
animated character faces,
virtual presenters and presenters,
computer-generated scenery and locations that pretend to be reality.
What is allowed - and how to label it correctly?
1 Synthetic voiceover
Example: Product advertisement with AI voice created at ElevenLabs.
Designation: "The voice in this material was generated by artificial intelligence."
2. virtual AI presenter
Example: A campaign with an AI character speaking to the camera.
Designation: "The character appearing in this material was created using AI. This is not a real person."
3. travel scene generated by AI
Example: A shot of mountains or a city that does not exist, generated by Sora.
Designation: "The scenes in this advertisement were computer-generated."
What is not allowed?
1. impersonation of real people
You can't: use AI to reproduce the image or voice of a well-known person without their consent and without being labeled.
Risk: violation of the right of publicity and Article 50 of the AI Act.
2. modifying existing material without revealing AI interference
Cannot: insert product into a shot from another context and imply that it is authentic material.
Risk: misleading the consumer - subject to sanctions.
3. failure to label deepfake
You can't: create an ad with a realistic person created by AI without labeling that it's synthetic content.
Risk: penalty of up to 15 million euros or 3% of turnover.
VIDEOSPACE: we are ready for the AI Act
As one of the first AI video agencies in Poland, we at VIDEOSPACE already operate under the AI Act regulations:
We mark all AI content according to current standards,
We work under NDA agreements, ensuring full confidentiality and security of clients,
We educate our clients about labels and legal risks,
We help implement standards for the ethical use of AI in marketing activities.
If you are planning to produce ads using AI - contact us. We will make sure that your material is not only impressive, but also complies with European law.
Legal basis:
Regulation (EU) 2024/1689 of the European Parliament and of the Council - full text in EUR-Lex