European UnionDigital Services Act, Article 35(1)(k) (systemic risk mitigation, synthetic media marking)
Regulation (EU) 2022/2065, Article 35(1)(k)
A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.
What follows is LexLint's own research summary of this law, not legal advice.
In force since 25 August 2023.
An AI transparency rule binding private bodies.
As of 14 August 2026.
What it requires
- This is one listed risk-mitigation measure for a Commission-designated very large online platform or search engine, not a freestanding labeling mandate on every provider
- Where it applies, ensure generated or manipulated content that would falsely appear authentic is distinguishable by prominent markings when presented on the platform
- Offer an easy-to-use function for flagging that content
If you get it wrong
Criminal exposureNo
Private right of actionYes
Penalty structure
Article 74(1): the Commission may fine a very large online platform or search engine up to 6% of its total worldwide annual turnover for a Section 5 systemic-risk infringement, with no fixed sum stated. Article 52(3) sets the same 6% ceiling for a Member State's own civil penalty against a provider of intermediary services outside the Commission's exclusive jurisdiction.
- Rule
- Turnover pct only
- As of
- 2 September 2026
- Currency
- EUR
- Turnover percentage cap
- 6
Who enforces it
Enforcement body
The European Commission, which holds exclusive power to supervise and enforce this obligation for a designated very large online platform or search engine. Digital Services Coordinators of the Member States enforce the Regulation's other obligations for other providers of intermediary services.
Enforcement record
Counts the Commission's own non-compliance decisions imposing a fine on a designated very large online platform under the Digital Services Act, from its 'Supervision of the designated very large online platforms and search engines under DSA' page, updated 31 August 2026, which lists three such decisions in the twelve months to 2026-09-17: X, EUR 120 million on 2025-12-05, the Commission's first DSA non-compliance decision; Temu, EUR 200 million on 2026-05-28; and AliExpress, EUR 550 million on 2026-07-20. fines_per_year totals the three decisions, EUR 870 million. No decision to date breaks a fine down by the specific measure within Article 35(1)'s illustrative list, so this is the Commission's Union-level Digital Services Act enforcement record as a whole, not specific to the synthetic-media-marking measure in point (k) alone. The twelve months before carried none of the Commission's own DSA fines, so trend reads rising off the register's own dates.
- As of
- 17 September 2026
- Trend
- Rising
- Currency
- EUR
- Source link
- https://digital-strategy.ec.europa.eu/en/policies/list-designated-vlops-and-vloses
- Fines per year
- 870,000,000
- Actions per year
- 3
- First enforcement date
- 5 December 2025
What it reaches
How the hook was established
express
What makes it apply
Operator establishment, Market targeting, User location
Obligation class
Content labelling, Governance, DPIA
What it makes you log
Logging duty
Point (k) is one of the listed systemic-risk mitigation measures a designated very large online platform or search engine may adopt: mark generated or manipulated content that would falsely appear authentic, and offer a function letting recipients flag it. It states no duty to create, keep, or later produce a record of the marking or of a flag.
- Kind
- None
- As of
- 21 September 2026
Who checks it
Audit expectation
none
Also on the record
EEA status
- Status
- Pending
- Source link
- https://www.efta.int/eea-lex/32022r2065
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
As one of the listed, non-exhaustive systemic-risk mitigation measures a designated very large online platform or search engine may adopt, the provider should ensure that generated or manipulated content resembling real persons, objects, places, or events, and that would falsely appear authentic, is distinguishable through prominent markings when presented on the platform, alongside an easy-to-use flagging function.
This is materially narrower than AI Act Article 50: it binds only Commission-designated very large online platforms (VLOPs) and very large online search engines (VLOSEs) as a risk-mitigation option, not every provider or publisher as a freestanding labeling mandate.
Article 92 provides that this Regulation applies to a provider of a very large online platform or search engine designated under Article 33(4) from four months after the Commission's notification of that designation, where the notification date is earlier than 17 February 2024, the Regulation's general application date.
The Commission's first designation decisions under Article 33(4) took effect on 25 April 2023 for platforms including Facebook, Instagram, TikTok, and X, so this Article's obligations began applying to that cohort from 25 August 2023, four months later.
When LexLint raises it
generates_content
Read the law
official consolidated regulation text, EUR-Lex
the consolidated regulation page is too large to retrieve in a single read, so the exact Article 35(1)(k) wording, including the paragraph 1 chapeau (systemic-risk mitigation measures the provider may adopt, where applicable) and the letter (k) position, is cross-checked word for word across three independent legal trackers (streamlex.eu, eu-digital-services-act.com, CMS) in agreement, corroborating that this is an illustrative, non-exhaustive list item rather than a standalone mandate
Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.