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Article 5(1)(ba), 5(1a)-(1b)

UpcomingFrom 2 Dec 2026

Do Not Generate or Manipulate Non-Consensual Intimate Content Using AI

Applies to Provider; Deployer, subject to Article 5 conditions.

Actors
ProviderDeployer
Themes
Governance & Accountability

Tracker Guidance

For providers, do not place on the market or put into service an AI system whose intended purpose is to generate or manipulate the prohibited non-consensual intimate material, or where that outcome is reasonably foreseeable and reproducible and the system lacks reasonable and adequate safeguards to prevent and correct misuse. For deployers, do not use an AI system for that prohibited purpose. Apply the specific Article 5(1b) limitation when determining whether a manipulation is covered.

Official text

Article 5(1)(ba)Official source
(ba) the placing on the market, the putting into service or the use of an AI system that generates or manipulates realistic images, videos, audio or similar material of an identifiable natural person’s intimate parts, or of an identifiable natural person engaged in sexually explicit activities, without that person’s freely-given, specific, informed, unambiguous and explicit consent for that generation or manipulation;
Article 5(1a)-(1b)Official source
1a. For the purposes of paragraph 1, first subparagraph, points (ba) and (bb): (a) the placing on the market or putting into service of an AI system that generates or manipulates the material or performance referred to in paragraph 1, first subparagraph, point (ba) or (bb) is only prohibited where: (i) that generation or manipulation is the intended purpose of the AI system; or (ii) the system’s design, training, architecture, capabilities or user-facing functionalities make that generation or manipulation a reasonably foreseeable and reproducible outcome, without requiring significant technical modification, and the system does not have reasonable and adequate technical safety measures and other safeguards to reliably prevent that generation or manipulation, taking into account reasonably foreseeable misuse, and to correct observed or reported misuse; (b) the use of an AI system that generates or manipulates the material or performance referred to in paragraph 1, first subparagraph, points (ba) and (bb) is only prohibited where the deployer uses the system for the purpose of generating or manipulating such material or performance. 1b. For the purposes of paragraph 1, first subparagraph, point (ba), an AI system that manipulates material in a way that does not increase the exposure of any depicted intimate parts or alter the nature of any depicted sexually explicit activities shall not constitute manipulation.

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Article 5(1)(ba), 5(1a)-(1b): Do Not Generate or Manipulate Non-Consensual Intimate Content Using AI | EU AI Act Library