AI & Law

🇪🇺EU Launches Code of Practice for Marking AI-Generated Content The European Commission has begun developing a code of practice dedicated to the marking and labelling of AI-generated content, following its plenary kick-off meeting on 5 November 2025. The initiative targets the growing difficulty of distinguishing human-created content from AI outputs and aims to reduce risks of misinformation, fraud, impersonation, and consumer deception. Although voluntary, the code is designed to help providers meet the transparency obligations of the AI Act, including clear marking of deepfakes and other specified AI-generated material. The code will support machine-readable content marking across audio, images, video, and text, with a particular focus on enabling deployers to disclose AI involvement in matters of public interest. A seven-month, stakeholder-driven process — led by independent experts appointed by the European AI Office — will incorporate public consultation and input from selected stakeholders. These requirements are set to apply in August 2026, aligning with and complementing existing rules for high-risk and general-purpose AI systems. #AI#Law#Governance#EU#AIAct#Ethics

🇩🇪German Court Rules Against OpenAI in a Copyright Case The 42nd Civil Chamber of the Munich Regional Court has ruled that OpenAI violated German copyright law by using song lyrics in the training of its large language models, according to Reuters. The company has been ordered to pay an undisclosed amount in damages for the unauthorized use of copyrighted material. This decision could shape future European standards on how AI developers handle copyrighted data in model training. As one of the first rulings of its kind in Europe, it underscores the growing legal scrutiny around data provenance, training transparency, and the boundaries of fair use in the development of generative AI systems. #AI#Law#Copyright#Ethics#OpenAI#Germany#AIGovernance#GenerativeAI

📖IAPP Expands Its AI Governance Lexicon to 101 Key Terms The International Association of Privacy Professionals (IAPP) has released an expanded version of its Key Terms for AI Governance, now including over 100 core concepts used by professionals across the AI policy and compliance space. The initial glossary, published in fall 2023, contained 61 terms; the 2025 update integrates new terminology reflecting emerging AI use cases and governance challenges identified by the IAPP community and its collaborators. Each definition draws on authoritative sources, including legislative texts, international frameworks, and governmental reports, ensuring alignment with the evolving global AI governance landscape. By codifying shared language and meaning, the IAPP glossary functions as a reference point for practitioners seeking consistency in interpretation and application of AI governance principles across jurisdictions. #AI#Governance#Law#Ethics#IAPP#Terminology#Compliance#AIGovernance

🇺🇸New York Introduces Landmark AI Companion Safety Law New York has enacted one of the first state laws directly regulating AI companions, requiring developers to integrate explicit safety and transparency mechanisms. Effective November 5, the law mandates that all AI companions must include protocols to address suicidal ideation, threats of harm to others, and potential financial harm. These protocols must guide users toward crisis support services such as suicide hotlines or text lines. The law also requires periodic user notifications stating: “The AI Companion is a computer program and not a human being. It is unable to feel human emotion.” This disclosure must appear at the start of each interaction and every three hours thereafter, which is a clear attempt to interrupt emotional overreliance on AI systems. The enforcement section allows individuals harmed through self-harm or third-party harm to bring civil action for damages. Though narrow in scope, the law establishes concrete legal and design obligations for AI companion developers, marking a significant precedent for state-level AI safety regulation. #AI#Law#Ethics#AICompanions#Safety#Regulation#NewYork#AIResponsibility

📖EY Calls for Stronger Controls Over Agentic AI Systems Ernst & Young has released a report examining the emerging concept of agentic AI - systems capable of autonomous decision-making and self-directed action. The report highlights the growing need for organizations to understand the definitions, risks, and operational boundaries of such systems as they move from experimental to applied contexts. EY urges companies to implement enhanced preventative and detective controls to govern agentic AI use, alongside continuous monitoring of behavior and performance. The emphasis is on proactive governance rather than reactive correction — signaling a shift toward dynamic oversight frameworks capable of managing autonomy at scale. #AI#Governance#Ethics#Law#AgenticAI#RiskManagement#EY

⚖️OpenAI Faces New Legal Actions Over ChatGPT’s Role in Mental Health Harm Seven lawsuits have been filed against OpenAI by the Social Media Victims Law Center and the Tech Justice Law Project, alleging that ChatGPT contributed to suicide cases and other psychological harms. Each lawsuit cites "psychological manipulation" as a central issue, arguing that AI chatbots can intensify users’ mental health struggles by validating and escalating their negative thoughts. The filings also emphasize how anthropomorphic and emotionally responsive AI desig* can foster dependency, discouraging vulnerable users from seeking human help. This development brings to the forefront the question of accountability for AI-driven emotional interaction: an area still largely uncharted in current legal frameworks. #AI#Law#Ethics#Accountability#OpenAI#MentalHealth#AIRegulation

🇮🇳India’s AI Governance Guidelines: A Pro-Innovation Model with Global Implications India has released its AI Governance Guidelines, structured around seven “sutras” — from Trust is the foundation to Safety, resilience & sustainability. Particularly striking is the principle “innovation over restraint”, affirming that “responsible innovation should be prioritised over cautionary restraint.” This sets India apart from the EU’s more precautionary stance, aligning instead with Washington’s “pro-innovation” logic. Equally notable is “understandable by design,” which directly engages with the global challenge of AI transparency — a topic the EU is only now tackling through its new code of practice for generative AI. The framework’s six pillars: infrastructure, capacity building, policy & regulation, risk mitigation, accountability, and institutions reveal a pragmatic and adaptive approach. India’s delayed entry into AI governance seems deliberate: it allowed observation of the global AI policy race before crafting a coherent, context-specific model. Rather than imposing a comprehensive AI Act, India aims to update existing laws and promote self-regulatory mechanisms such as industry codes and voluntary standards. Notably, India’s proposal for a graded liability system for AI systems introduces proportional accountability based on risk and due diligence — a step many jurisdictions have yet to take. This framework positions India not merely as a policy follower but as a strategic voice for the Global South, translating global AI governance debates into a flexible, innovation-first model. #AI#Governance#Law#Ethics#India#Innovation#GlobalSouth

📖AI “Poverty Porn” and the Ethics of Fundraising Imagery A new Lancet Global Health article by Arsenii Alenichev and colleagues exposes how nonprofits are increasingly using AI-generated “poverty porn”: emotionally charged, stereotypical depictions of suffering, to drive donations. Researchers found over 100 such AI images circulating on LinkedIn and X, many echoing outdated fundraising aesthetics. Despite long-standing criticism of exploitative imagery, generative AI now makes it cheaper and easier to reproduce, while companies like Adobe and Freepik profit from licensing these visuals. The paper highlights that existing content policies by AI and stock image firms fail to address this form of exploitation, even as they regulate other abuses like sexualized content. Some companies, such as Freepik, say they comply with current regulations and would welcome clearer international standards. Meanwhile, researchers warn that substituting “fake” victims for real ones doesn’t eliminate ethical concerns — it risks reinforcing racial and cultural bias while eroding public trust. Alenichev and co-authors call for transparency in AI image generation, disclosure of prompts used, and greater support for local photographers creating authentic, respectful representations of global health realities. As AI reshapes storytelling and fundraising, governance frameworks must evolve to prevent digital exploitation disguised as empathy. #AI#Ethics#AIRegulation

🇮🇹Italian DPA Bans Deep Nude App Over Human Dignity and Privacy Risks Garante per la protezione dei dati personali (Italian DPA) has officially banned the app Clothoff, which enables users to generate “deep nude” images of real people, including minors, without consent or verification. The authority highlighted that the app allows both free and paid creation of fake explicit content without any disclosure that the images are AI-generated. The DPA emphasized that the ban was necessary due to “high risks to fundamental rights and freedoms,” particularly concerning human dignity, privacy, and personal data protection. An investigation has been launched to address the broader ecosystem of nudity apps. Recent Italian news reports show how the misuse of such generative tools has already caused significant social alarm. #AIRegulation#Ethics#Deepfakes

🇺🇸No Copyright for AI-Generated Art, U.S. Court Rules A U.S. federal appeals court has reaffirmed that AI-generated works cannot be copyrighted unless a human is involved in their creation. The case, brought by computer scientist Stephen Thaler, challenged the U.S. Copyright Office’s longstanding position that only human authorship qualifies for copyright protection. Thaler had sought copyright for a painting fully created by his AI system, the “Creativity Machine,” but the court rejected the claim, emphasizing that AI itself cannot be the author. This ruling leaves open critical questions about AI-assisted creativity. The court clarified that human authors can register works made "with the assistance" of AI, but did not define where the boundary lies between AI-assisted and AI-generated content. As AI plays an increasing role in creative industries, this legal gray area could shape the future of copyright law. Thaler plans to continue his legal fight, potentially bringing the case to the Supreme Court. #AI#CopyrightLaw#AIGovernance#CreativeAI#Ethics

🇺🇸Google’s Gemini AI Caught in Copyright Controversy Google’s new Gemini 2.0 Flash model has been found capable of removing watermarks from copyrighted images, including those from Getty Images and other stock media providers. Unlike competing models like OpenAI’s GPT-4o and Anthropic’s Claude, which refuse to alter watermarked images, Gemini 2.0 Flash not only removes them but also reconstructs the missing portions—raising serious copyright concerns. While Google labels the feature as “experimental” and “not for production use,” its lack of built-in safeguards could provoke legal challenges. Under U.S. copyright law, removing a watermark without permission is generally illegal. As AI models gain more advanced image manipulation capabilities, pressure on tech companies to implement stricter guardrails will only increase. #AI#Copyright#AIGovernance#Ethics#GoogleGemini

🇬🇧Musicians Fight AI Copyright Changes in Silence Over 1,000 musicians, including Kate Bush and Cat Stevens, have released a silent album to oppose the UK government’s proposed copyright changes, which could allow AI companies to train on creative works without permission. The 12-track album, titled "Is This What We Want?", spells out a clear message: “The British government must not legalise music theft to benefit AI companies.” Artists argue that the proposal reverses fundamental copyright principles, effectively handing their life’s work to AI developers for free. Figures like Elton John, Paul McCartney, and Andrew Lloyd Webber have joined the opposition, warning that weakening copyright laws will undermine the UK’s creative industries. With public consultation closing, the battle over AI and intellectual property is far from over. #AI#Copyright#Ethics