AmCham’s Position Paper on the Labelling of AI-Generated Content

The position paper raises concerns about the overly broad obligation to label AI-generated content introduced by Article 23 of the Act Implementing the European Media Freedom Act. AmCham believes that national rules should be aligned with Article 50 of the EU AI Act, which establishes transparency requirements in clearly defined cases, taking into account the nature and risks of each AI application.

AmCham recommends aligning national legislation with the EU regulatory framework to ensure legal certainty and avoid additional obligations that go beyond the requirements of the EU AI Act. It also recommends adopting an implementing ordinance that would clearly define the methods for identifying and labelling content, as well as the responsibilities of the stakeholders involved.

Furthermore, AmCham emphasises the need for a clear allocation of responsibilities among content creators, media service providers, publishers of electronic publications, and providers of video-sharing platforms. Content providers and platforms should be allowed to rely on declarations and information supplied by content creators or providers, unless there are reasonable grounds to doubt their accuracy.

The proposed recommendations would contribute to greater legal certainty, the proportionate application of transparency requirements, and the avoidance of unnecessary administrative burdens for businesses, while preserving the objectives of transparency in the use of artificial intelligence.

Read the position paper here.