Certain types of content that OpenAI's models will not produce by default — such as explicit adult content — can be turned on by businesses using the API, provided those businesses meet criteria set by OpenAI, which the policy does not detail in full.
This analysis describes what OpenAI'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 that operators, not end users, control access to certain sensitive content categories, and that operators who unlock these capabilities assume the compliance responsibility associated with them — including age verification, jurisdictional legality, and appropriate disclosure obligations.
Interpretive note: The specific eligibility criteria operators must meet to unlock default-off behaviors are not detailed in the document, making it difficult to assess what compliance steps are required in advance.
End users of OpenAI-powered products may encounter different content restrictions depending on what their operator has enabled or disabled; users in products where an operator has unlocked explicit content or other sensitive categories should be aware that the operator — not OpenAI directly — has assumed responsibility for ensuring that access is lawful and appropriate in their jurisdiction.
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"Some capabilities are off by default but can be enabled by operators who meet eligibility requirements, including explicit adult content and detailed discussion of certain sensitive topics.— Excerpt from OpenAI's OpenAI Usage Policies
(1) REGULATORY LANDSCAPE: Operator-unlocked explicit adult content engages with age verification requirements under COPPA, the EU's Digital Services Act platform obligations, UK Online Safety Act requirements for age assurance, and various state-level US statutes regarding online distribution of explicit content. Export control considerations may apply to operators unlocking detailed discussion of certain dual-use technical topics. (2) GOVERNANCE EXPOSURE: Medium to High for operators who choose to enable default-off behaviors. The policy states that operators who enable such behaviors assume responsibility for ensuring their use is lawful, but the document does not detail what OpenAI's eligibility criteria are for unlocking these capabilities, creating opacity in the compliance framework. (3) JURISDICTION FLAGS: EU operators enabling adult content features must assess Digital Services Act very large online platform obligations and GDPR age-appropriate design requirements. UK operators face Online Safety Act age assurance obligations. California operators should assess COPPA and state-level explicit content distribution statutes. The eligibility requirements for unlocking behaviors may vary by jurisdiction without the policy making that explicit. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should request from OpenAI documentation of the eligibility criteria for unlocking default-off behaviors, ensure that internal governance processes require legal review before enabling any non-default capabilities, and document the business and legal basis for any unlocked capabilities in vendor risk assessments. (5) COMPLIANCE CONSIDERATIONS: Operators considering enabling default-off behaviors should conduct jurisdiction-specific legal review of the lawfulness of the intended use; implement appropriate age verification or access controls before enabling adult content features; document the legal basis for enabling each non-default behavior; and establish monitoring and audit mechanisms to ensure that unlocked capabilities are used in compliance with applicable law and OpenAI's stated eligibility requirements.
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This provision establishes that operators, not end users, control access to certain sensitive content categories, and that operators who unlock these capabilities assume the compliance responsibility associated with them — including age verification, jurisdictional legality, and appropriate disclosure obligations.
End users of OpenAI-powered products may encounter different content restrictions depending on what their operator has enabled or disabled; users in products where an operator has unlocked explicit content or other sensitive categories should be aware that the operator — not OpenAI directly — has assumed responsibility for ensuring that access is lawful and appropriate in their jurisdiction.
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