The European Union has established comprehensive frameworks addressing artificially generated content, including deepfakes, through two landmark regulations: the Digital Services Act (DSA) and the Artificial Intelligence Act (AI Act).
Digital Services Act (DSA)
Adopted on October 19, 2022
The Digital Services Act creates a structured approach to managing illegal content on digital platforms, including deepfakes that violate EU or member state laws.
Platform Owner Obligations
Platform owners must:
Establish a notice-and-action system for illegal content, including harmful deepfakes
Act expeditiously to remove or disable access to such content upon receiving notification
Implement transparent procedures for handling reports of illegal content
Provide clear explanations to users when content is removed
Enforcement and Penalties
Non-compliance with DSA requirements can result in:
Fines of up to 6% of the platform's annual global turnover
Potential ban on operations within the European Union for serious or repeated violations
Published on July 12, 2024
The AI Act represents the world's first comprehensive AI legislation, categorizing AI systems according to risk levels and establishing specific requirements for each category.
Disclosure Requirements
The AI Act mandates that platforms "disclose that the content has been artificially generated or manipulated," requiring clear labeling of all deepfake content as artificially generated.
Risk Classification and Prohibited Practices
Defines AI applications that are prohibited due to unacceptable risk, including certain manipulative deepfakes
Establishes criteria for determining when AI systems, including those creating synthetic media, are considered high-risk and subject to stricter requirements
Platform Hosting Obligations
Platforms functioning as hosting services must:
Implement a notice-and-action mechanism for illegal content, including unlawful deepfakes
Act promptly upon notification to remove or disable access to content that violates regulations
Ensure appropriate safeguards against misuse of AI-generated content
Maintain records of AI-generated content and associated disclosure requirements
Compliance Solution: Proofly
As digital platforms prepare to meet the stringent requirements of the TAKE IT DOWN Act, Proofly offers a comprehensive compliance solution. Our system is specifically designed to help platforms of all sizes meet the legal obligations outlined in this legislation with minimal operational disruption.
Proofly offers::
Instant analysis capabilities through our robust API, enabling platforms to quickly assess reported content
Advanced AI detection tools that can identify both genuine and AI-generated intimate imagery or video
A streamlined notification and review workflow that helps platforms meet the 48-hour response requirement
Convenient access through our Telegram bot for immediate analysis and verification
Proofly's technology is ready for immediate implementation, offering platforms a turnkey solution to ensure compliance with the TAKE IT DOWN Act while protecting user privacy and maintaining operational efficiency. Our systems have been developed with both legal compliance and user protection as primary objectives, making Proofly an ideal partner for platforms seeking to adapt to this important new legislation.
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