ItalyCodice Penale Art. 612-quater, Illicit Dissemination of AI-Generated or AI-Altered Content
In force since .
An AI prohibited practices rule binding public and private bodies.
- Obligation class
- Prohibition, Consent
- Audit expectation
- none
- Setting the rule reaches
- General
What it requires
- Do not transfer, publish, or otherwise disseminate a falsified or altered image, video, or voice recording generated using an AI system, capable of misleading others as to its genuineness, without the depicted or recorded person's consent.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
- NIST AI 600-1
- GAI-RISK-08Information Integrity
- GAI-RISK-11Obscene, Degrading, and/or Abusive Content
- MIT mitigations Draft
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- ETSI EN 304 223
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
Imprisonment from one to five years for causing unjust harm to a person by non-consensually disseminating an AI-generated or AI-altered image, video, or voice recording capable of misleading as to its genuineness. Prosecutable only on the victim's complaint, except ex officio where connected to another ex-officio offence, or committed against a person incapable by age or infirmity, or against a public authority because of its functions.
Who enforces it
Settledness
- As of
- Open questions
- Does 'idonei a indurre in inganno sulla loro genuinità' in Article 612-quater cover AI-generated images, video or voices that carry a visible label or watermark saying that an AI system made them?
- Does 'altrimenti diffondendo' in Article 612-quater reach a platform or hosting provider that makes the content available or recommends it, or only the person who first publishes or transfers it?
- Does the offence need proof that the content caused harm, given that Article 612-quater is worded 'cagiona un danno ingiusto ad una persona', or is the dissemination without consent enough?
What it makes you log
Logging duty
Article 612-quater is a criminal prohibition on non-consensually disseminating an AI-generated or AI-altered image, video or voice recording capable of misleading as to its genuineness. It states no duty to create, keep or produce a log or record of any kind.
- Kind
- None
- As of
What this law does
Whoever causes unjust harm to a person by transferring, publishing, or otherwise disseminating, without that person's consent, an image, video, or voice recording falsified or altered through the use of an AI system and suited to deceive as to its genuineness, is punished with imprisonment from one to five years.
The offence is prosecutable only on the injured person's complaint, except that it is prosecuted ex officio if connected to another offence for which ex officio prosecution is required, or if committed against a person incapable by age or infirmity, or against a public authority because of its functions.
When LexLint raises it
When your app profile says your app generates audio with AI, generates images with AI or generates video with AI.
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