Disclosure is now mandatory. Platforms must actively seek confirmation from users on whether the content is AI-generated. If users fail to disclose and the content appears synthetic, companies must either add a prominent label themselves or take it down altogether, particularly in cases such as non-consensual deepfakes. An earlier draft had proposed that labels should cover 10% of an image. After pushbacks from platforms, that requirement has been relaxed. The word "prominently" remains, giving companies flexibility but also placing the onus squarely on them. Beneath these operational changes sits significant legal risk. Failure to comply can strip platforms of safe harbour protections. Without that shield, intermediaries can be treated as publishers and held directly liable for user posts. The notification makes it clear: if an intermediary knowingly permits or fails to act against prohibited synthetic content, it will be deemed not to have exercised due diligence. This marks a sharp escalation. The government is not just asking platforms to moderate more quickly; it is explicitly linking compliance to legal immunity. There is also an administrative tweak that widens enforcement capacity. A previous amendment limited each state to a single authorised officer empowered to issue takedown orders. States can now designate multiple officers, a move officials say is necessary for larger populations. Taken together, the message is clear. AI content must be labelled. Harmful deepfakes must be removed within hours. Court and government orders must be executed almost immediately. And platforms that hesitate risk losing their legal shield. For social media companies, this translates into higher costs and operational strain. Stronger detection systems, round-the-clock moderation teams, and faster internal escalation will become essential. For creators and users, it reduces ambiguity around AI media and narrows the window for synthetic content to circulate unchecked. |
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