Grey area, labelling recommended. A scene in which the product is used depicts an event that never took place in that way, and events are covered explicitly by the guidelines (para. 113 iii). Whether it misleads depends on the case, but it is no longer a purely decorative background (para. 116).
Grey area, labelling recommended
The scene shows an event that did not take place this way. Whether that misleads depends on the case. We recommend the label.
Rn. 113 iii · Rn. 116
This classification follows the European Commission's guidelines on Article 50 AI Act. The guidelines are not binding; only the Court of Justice of the EU can interpret the law bindingly. You make the decision.
The example
A candle store has AI place a scented candle, photographed in the studio, lit on a dinner table laid for the evening. Size, colour and flame are accurate; the image says nothing about burn time or scent.
The answers in the labelling check
- Was an AI tool used to create or change this image?
Yes - Who used the AI tool?
Me or someone on my team - When was the image created or last changed with AI?
On 2 August 2026 or later - What did the AI do to this image?
It generated, replaced or extended the background or setting. - What does the new background show?
The product in use, with a size comparison, an effect, accessories or at a specific real place - Could the scene create a false impression of the product?
No
Adapt these answers in the labelling check
When the result changes
- If the scene can mislead about size, fit, function, place of use, effect or what is included, a label is required (AI scene showing size or use).
- For a purely decorative background that does not show the product in use, a label is generally not required under the guidelines (AI background).
- A realistic AI person in the scene, such as a model at the table, makes a label required (AI model).
- For a real room furnished by AI, see virtual home staging.
What to do
- Add the “AI” label with the words “AI-modified”, or record why you decided against it.
- Check whether the scene says anything about size, place of use, effect or accessories.
- Only add “Unchanged: the product” in the second layer if you have checked that.
How the disclosure can read
AI-modifiedLabel: AI · AI-modified
AI-modified image
This photo was modified with artificial intelligence (AI). Modified: the surroundings. Unchanged: the product.
Create the text in 24 languages · Add the label to the image
Frequently asked questions
Do I have to label when the result is “recommended”?
The guidelines do not settle this case clearly, so the labelling check recommends the label when in doubt. You decide whether to add it.
Sources
Para. refers to the paragraph number in the European Commission's guidelines on Article 50, C(2026) 5054.
- Commission Guidelines on the transparency obligations under Article 50 AI Act, C(2026) 5054 finalEuropäische Kommission · Commission · 20 Jul 2026
- Regulation (EU) 2024/1689 (AI Act)EUR-Lex · Law · 12 Jul 2024
- Code of Practice on Transparency of AI-Generated Content (final version)Europäische Kommission · Code of practice · 10 Jun 2026
- EU icons for labelling AI-generated contentEuropäische Kommission · Commission · 24 Sept 2026
