UK Government considers AI content labelling

The UK Government is considering whether to require AI-generated content to be clearly marked, following concerns about transparency and authenticity. Mathys & Squire, a leading property law firm, has called for mandatory labelling, stating that as AI-generated content becomes harder to distinguish from human-created material, the public should be informed. Adam Gilbertson, Managing Associate, says that in many cases it’s in the public interest to know what material has been generated by AI so that they can make a properly informed opinion about that material. The consultation also explores how copyright holders can opt out of AI models training on their data, with the Government favouring an ‘opt-out’ model similar to the EU’s system. Gilbertson supports this approach, saying it should help ensure that content creators can seek fair remuneration for use of their copyright protected works whilst providing a safe harbour for AI developers, helping to make the UK a welcoming environment for AI R&D without too much red-tape. However, he stresses the need for standardisation to prevent disputes, adding that lessons should be learnt from the uncertainty and disputes that have arisen in the EU over what counts as a valid opt-out of the EU’s TDM exception due to a lack of standardisation. The consultation, which closes on February 25, will determine how the UK approaches AI content regulation and copyright protection.