Advertisers have been pushing for some exemptions to be extended

The European Commission on Monday released final draft guidance on the EU’s AI transparency rules, which seemed to exempt some content from needing to be labelled as a deepfake.

Under the EU’s AI Act, certain AI content that “would falsely appear to a person to be authentic or truthful” must bear a mark so people can recognise it as AI-generated or manipulated. A separate code of practice sets out how companies can follow these rules.

But per the newly released guidelines, that may not be the case for some images even if the background of their main subject has been completely changed. Replacing backgrounds “for clearly aesthetic purposes” would likely only have a “minor impact” on whether people viewing an image think it is authentic, the guidelines say.

An earlier draft version only exempted extending or editing details in backgrounds.