FranceLaw 2023-451, Article 5, Labelling of Retouched and AI-Generated Images by Commercial Influencers
Loi n° 2023-451 du 9 juin 2023 visant à encadrer l'influence commerciale et à lutter contre les dérives des influenceurs sur les réseaux… sociaux, art. 5
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://www.legifrance.gouv.fr/loda/id/JORFTEXT000047663185In force.
An AI transparency rule binding private bodies.
- Obligation class
- Content labelling
As of .
What it requires
- If you are a commercial influencer within Article 1, label content that includes images produced by an artificial intelligence process meant to depict a face or a silhouette with the words “Images virtuelles” (Article 5(I), point 2).
- Label content that includes images modified to slim or thicken the silhouette or alter the appearance of the face with the words “Images retouchées” (Article 5(I), point 1).
- Make the labels clear, legible and understandable on any medium you use (Article 5(I)).
If you get it wrong
Criminal exposureYes
Criminal exposure note
Article 5(III) punishes a violation of the labelling duties in paragraphs I and II with one year's imprisonment and a fine of EUR 4,500.
Penalty structure
Article 5(III) punishes a violation of paragraphs I and II with one year's imprisonment and a fine of EUR 4,500.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 4,500
What it makes you log
Logging duty
Article 5 requires the labels and states no duty to keep logs or records.
- Kind
- None
- As of
What this law does
Article 1 of Law 2023-451 applies the Law to individuals and entities who, for consideration, use their reputation with their audience to communicate content to the public by electronic means that promotes goods, services or a cause. Article 5(I), point 1 requires content communicated by those persons to carry the label “Images retouchées” where its images were modified by an image-processing technique meant to slim or thicken the silhouette or alter the appearance of the face.
Article 5(I), point 2 requires such content to carry the label “Images virtuelles” where its images were produced by an artificial intelligence process meant to depict a face or a silhouette. The labels must be clear, legible and understandable on any medium used. Article 5(III) punishes a violation of paragraphs I and II with one year's imprisonment and a fine of EUR 4,500. Article 5(IV) provides that the arrangements for applying paragraphs I and II are set by a decree of the Conseil d'État. Article 5 is in the wording given by Ordinance 2024-978 of .
When LexLint raises it
When your app profile says your app generates content with AI or operates a social platform.