Google prohibits using Gemini to create content that is harmful, deceptive, hateful, sexually exploitative of minors, or that enables illegal activity.
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 defines the outer limits of permitted use and directly determines whether a user's application or content generation activity is authorized under the agreement.
Interpretive note: The scope of 'content designed to deceive' is not fully defined in the document and may require case-by-case interpretation, particularly for satire, fiction, or marketing contexts.
Users who generate prohibited content, including deceptive material, content involving minors, or material that facilitates violence, may have their access suspended or terminated under this provision.
How other platforms handle this
You may not use, or facilitate or allow others to use, the Services or AWS Site: in a way that violates any applicable law or regulation; to engage in, promote, facilitate or encourage illegal activity; to threaten, incite, promote, or actively encourage violence, terrorism, other serious harm; or i...
We will not design or deploy AI in the following application areas: Technologies that cause or are likely to cause overall harm. Where there is uncertainty, we will err on the side of caution, and we will work to understand those tradeoffs. Weapons or other technologies whose principal purpose or im...
You may not use our generative AI features to generate content or engage in activities that violate our Generative AI Prohibited Use Policy. You're responsible for your use of generative AI features and any content you create, including ensuring that such use and content complies with applicable law...
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"Don't use our services to generate content or facilitate actions that violate our policies or applicable law, including: content that facilitates violence or incites hatred against individuals or groups; content designed to deceive or defraud; content that sexualizes minors; content that enables cyberattacks or other illegal activity.— Excerpt from Google Gemini's Google Generative AI Prohibited Use Policy
REGULATORY LANDSCAPE: This provision engages the FTC Act's prohibition on unfair or deceptive acts or practices (regarding the deceptive content restriction), COPPA and 18 U.S.C. Section 2256 (regarding CSAM prohibitions), the EU AI Act's Article 5 prohibited practices (regarding manipulation and exploitation of vulnerable groups), and applicable national laws on incitement to violence. The FTC and relevant state attorneys general are the primary enforcement authorities in the US context; the European AI Office and national competent authorities apply in the EU. GOVERNANCE EXPOSURE: High. The breadth of the prohibited categories, particularly the restriction on content 'designed to deceive,' may create ambiguity in marketing, satire, or synthetic media use cases where intent is not self-evident. Enterprises deploying Gemini in content generation workflows should document use-case justifications and implement output monitoring. JURISDICTION FLAGS: CSAM prohibitions apply globally and are subject to mandatory reporting obligations in the US (NCMEC) and EU member states. The 'incitement to hatred' category may be interpreted differently across jurisdictions, with heightened regulatory scrutiny in Germany, France, and the UK under their respective online safety and hate speech frameworks. CONTRACT AND VENDOR IMPLICATIONS: Enterprises incorporating Gemini into products should ensure downstream acceptable use policies align with these prohibited categories. Vendor contracts should address liability allocation in the event that Gemini outputs violate these prohibitions despite appropriate safeguards. COMPLIANCE CONSIDERATIONS: Compliance teams should implement pre-deployment use-case reviews against each enumerated prohibited category, maintain output audit logs for high-volume deployments, and establish escalation procedures for potential violations. The CSAM prohibition in particular requires zero-tolerance operational controls and defined incident response procedures.
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This provision defines the outer limits of permitted use and directly determines whether a user's application or content generation activity is authorized under the agreement.
Users who generate prohibited content, including deceptive material, content involving minors, or material that facilitates violence, may have their access suspended or terminated under this provision.
ConductAtlas has identified this type of provision across 9 platforms. See the full comparison.
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