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The policy prohibits using generative AI to facilitate fraud, impersonation of individuals without explicit disclosure, misleading claims of expertise in sensitive areas, and false information about governmental or democratic processes or harmful health practices, where the intent is deception.
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 covers a range of AI-facilitated deception categories with relevance to election integrity, public health information, and financial fraud, placing the conduct prohibition on the user and conditioning it on deceptive intent.
Interpretive note: The provision's scope depends on the interpretation of deceptive intent, which is not operationally defined in the document and may require case-by-case assessment.
Under this clause, users are prohibited from employing Google's generative AI to impersonate individuals, generate fraudulent claims, or produce misleading health, financial, legal, or governmental information with the intent to deceive. The agreement's deceptive intent qualifier means that satire, parody, or clearly disclosed impersonation with explicit disclosure may not fall within the prohibition.
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"Do not engage in misinformation, misrepresentation, or misleading activities. This includes: Frauds, scams, or other deceptive actions. Impersonating an individual (living or dead) without explicit disclosure, in order to deceive. Facilitating misleading claims of expertise or capability in sensitive areas -- for example in health, finance, government services, or the law, in order to deceive. Facilitating misleading claims related to governmental or democratic processes or harmful health practices, in order to deceive.Excerpt from Google Gemini's Google Generative AI Prohibited Use Policy
1) REGULATORY LANDSCAPE: This provision engages the FTC Act's prohibition on unfair or deceptive acts or practices, particularly regarding fraud, scams, and misleading health or financial claims. The prohibition on misleading electoral information may engage the Federal Election Commission's jurisdiction and state election law. The health misinformation provision engages FDA and FTC jurisdiction over false health claims. State consumer protection statutes in all U.S. jurisdictions and EU consumer protection law under the Unfair Commercial Practices Directive are also implicated. 2) GOVERNANCE EXPOSURE: Medium. The deceptive intent qualifier creates interpretive ambiguity for content moderation and enforcement purposes. Organizations using generative AI in health communication, financial services, legal services, or civic engagement contexts should assess whether their content generation workflows could produce outputs that fall within this prohibition. 3) JURISDICTION FLAGS: EU users face the EU's Digital Services Act, which imposes obligations on platforms regarding systemic risks from misinformation, as well as the Unfair Commercial Practices Directive for misleading commercial content. U.S. states with specific deepfake or election misinformation statutes, including California, Texas, and Georgia, create additional jurisdiction-specific exposure for electoral impersonation content. 4) CONTRACT AND VENDOR IMPLICATIONS: Enterprises using Google generative AI for customer communications in health, finance, legal, or government services should review their content review and human approval workflows to ensure outputs do not constitute misleading claims of expertise under this provision. 5) COMPLIANCE CONSIDERATIONS: Legal and compliance teams should assess whether generative AI outputs in regulated communication contexts include appropriate disclaimers identifying the AI-generated nature of content and the absence of professional advice, consistent with this provision's prohibition on misleading claims of expertise.
This provision covers a range of AI-facilitated deception categories with relevance to election integrity, public health information, and financial fraud, placing the conduct prohibition on the user and conditioning it on deceptive intent.
Under this clause, users are prohibited from employing Google's generative AI to impersonate individuals, generate fraudulent claims, or produce misleading health, financial, legal, or governmental information with the intent to deceive. The agreement's deceptive intent qualifier means that satire, parody, or clearly disclosed impersonation with explicit disclosure may not fall within the prohibition.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Google Gemini.