Rules / Digital Omnibus on AI / Article 5(1)(ba)
Article 5(1)(ba), Digital Omnibus on AI (European Union)
Do not place on the market, put into service or use AI that generates or manipulates realistic intimate or sexually explicit images, video or audio of an identifiable person without their explicit consent.
WTA-R-EU-0009-001 Permanent ID
Scope
Art. 5(1a): providers are caught only where such generation is the intended purpose, or is a reasonably foreseeable and reproducible outcome without adequate safeguards; deployers only where they use the system for that purpose. Art. 5(1b): edits that do not increase exposure of intimate parts or alter depicted sexual activity are not manipulation.
Dates. New prohibition inserted by Digital Omnibus Art. 1(7)(a). Applies from 2 Dec 2026 under Art. 113, third paragraph, point (a) as replaced by Omnibus Art. 1(40)(a). Omnibus Reg. (EU) 2026/1744 entered into force 27 Jul 2026.
Penalty. Up to EUR 35m or 7% of total worldwide annual turnover, whichever is higher (Art. 99(3)); for SMEs, whichever is lower (Art. 99(6)).
History
No changes to this obligation since we started recording on 8 Oct 2026. All changes
Cite this obligation
WTA-R-EU-0009-001: Article 5(1)(ba), Regulation (EU) 2026/1744 amending Regulations (EU) 2024/1689, (EU) 2018/1139 and (EU) 2023/1230 as regards the simplification of the implementation of harmonised rules on artificial intelligence (Digital Omnibus on AI). wheresthe.ai, https://wheresthe.ai/id/WTA-R-EU-0009-001/ (checked 8 Oct 2026).
Other obligations under Digital Omnibus on AI
Do not place on the market, put into service or use AI that generates or manipulates child sexual abuse material within the meaning of Directive 2011/93/EU.