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The policy prohibits users from representing AI-generated content as having been created solely by a human when the intent is to deceive.
This analysis describes what Google Gemini's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes a disclosure obligation tied to AI content provenance, which intersects with emerging EU AI Act transparency requirements for AI-generated content and state-level synthetic media disclosure statutes in the United States.
Interpretive note: The provision's scope depends on the interpretation of 'in order to deceive,' which is not defined in the document, creating ambiguity about whether disclosure is required only when deceptive intent is present or in all cases.
Under this clause, users distributing AI-generated content must not represent that content as purely human-created when the purpose is deception. The agreement frames this as a conduct prohibition rather than an affirmative disclosure requirement.
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"Misrepresenting the provenance of generated content by claiming it was created solely by a human, in order to deceive.Excerpt from Google Gemini's Google Generative AI Prohibited Use Policy
1) REGULATORY LANDSCAPE: This provision engages EU AI Act transparency obligations requiring disclosure when AI systems interact with humans or generate synthetic content, and may also engage state-level statutes governing synthetic media and deepfakes in jurisdictions including California and Texas. The FTC's guidance on endorsements, testimonials, and deceptive AI-generated content is also relevant. The provision's deceptive intent qualifier creates an interpretive question about whether disclosure is required in all cases or only when deceptive intent is present. 2) GOVERNANCE EXPOSURE: Medium. The deceptive intent qualifier means enforcement under this provision depends on a subjective assessment of user intent, which may complicate both compliance planning and enforcement by Google. Organizations using generative AI for marketing, journalism, academic, or professional content should assess whether their disclosure practices satisfy this provision. 3) JURISDICTION FLAGS: EU and EEA users face heightened exposure under EU AI Act transparency requirements, which may impose affirmative disclosure obligations broader than this policy's deceptive-intent-based prohibition. California AB 730 and similar state statutes may impose additional synthetic media disclosure requirements for specific content categories. 4) CONTRACT AND VENDOR IMPLICATIONS: Enterprises producing AI-generated content for commercial distribution should assess whether their content review and labeling practices align with this provision. The policy does not specify a technical or procedural standard for disclosure, leaving implementation to the user. 5) COMPLIANCE CONSIDERATIONS: Content teams should review editorial and publishing workflows to ensure AI-generated content is not presented as solely human-created in any context involving deception. Legal teams in EU/EEA jurisdictions should align this review with EU AI Act synthetic content disclosure obligations and applicable national implementation measures.
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This provision establishes a disclosure obligation tied to AI content provenance, which intersects with emerging EU AI Act transparency requirements for AI-generated content and state-level synthetic media disclosure statutes in the United States.
Under this clause, users distributing AI-generated content must not represent that content as purely human-created when the purpose is deception. The agreement frames this as a conduct prohibition rather than an affirmative disclosure requirement.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Google Gemini.