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Spain Cracks Down on AI: New Law Brings Heavy Fines for Unlabelled Content

Spain has taken a bold step in the global fight to regulate artificial intelligence, announcing severe penalties for businesses failing to label AI-generated content. With potential fines reaching €35 million (or 7% of a company's global turnover) it’s far from some base-level warning shot. The whole thing is designed to align closely with the European Union's AI Act, setting a strong precedent for AI transparency and ensuring users can distinguish between genuine human-made material and computer-generated fakes.

But why such harsh measures? The growing influence of AI means an increasing risk of misinformation, particularly through “deepfakes.” These artificially crafted images, videos and audio clips are now so advanced they can deceive even the most discerning eye. Spain's move is designed to tackle these risks head-on, forcing accountability in how companies deploy AI and keeping the spread of fake content in check.

AI, Trust and the Fight Against Deepfakes

We’ve entered an era where seeing is no longer believing. AI-driven content creation tools, while incredible for creativity and business automation, also present a dangerous pathway for misinformation. In politics, for instance, a convincingly generated AI video could falsely depict a leader making damaging statements, swaying public opinion based on deception.

Spain recognises this growing threat and, by pushing businesses to disclose AI-generated material, aims to restore transparency to online content. Without strict oversight, fake news could spiral out of control, altering elections, damaging reputations and exploiting consumer trust.

This law doesn't only concern fake videos—it covers everything from AI-written articles to machine-made product reviews. Any form of artificially produced content that isn't correctly disclosed could land companies with astronomical fines. And make no mistake—Spanish regulators will be watching.

AESIA: Spain’s New AI Watchdog

To enforce these strict regulations, Spain has created an artificial intelligence supervisory body known as AESIA. This newly established agency will oversee compliance, ensuring that companies—whether a media giant, a small tech startup, or a marketing firm—stick to the new rules. AESIA will investigate breaches and slap non-compliant businesses with hefty penalties if necessary.

That said, AESIA isn’t Spain’s only regulatory force for AI-related issues. Sectors such as data privacy, financial markets, and election security will have oversight from their respective existing authorities, ensuring no regulatory blind spots. The broader aim? Establishing an iron-clad approach to AI that balances innovation with ethical responsibility.

Beyond Labelling – Other AI Rules in Play

The proposed legislation doesn’t stop at content labelling. Another crucial restriction involves prohibiting manipulative AI practices, particularly those that exploit vulnerable users. The bill will prevent businesses from using imperceptible AI nudges—such as subliminal advertising—that might coax someone into behaviours they otherwise wouldn't engage in.

For example, AI-driven gambling apps that subtly manipulate people battling addictions would face significant legal consequences. Likewise, interactive AI in children’s toys designed to encourage risky behaviours would also be outlawed. These additions show that Spain isn't only worried about misinformation but also how AI impacts human behaviour in unseen ways.

Interestingly, the bill does include allowances for government use of AI surveillance, specifically in cases concerning national security. Real-time biometric surveillance remains permissible when required for public safety—though its usage will be under strict scrutiny to prevent abuses.

A Glimpse into Europe’s AI Future

While Spain might be leading the charge in implementing the EU's AI Act, other nations in the bloc will likely follow suit. This legislation marks a clear signal from regulators: AI should work for the people, not manipulate or mislead them.

Businesses working with AI need to act fast, ensuring they adopt transparent AI content labelling practices now—not when they’re at risk of a multi-million-euro penalty. Ethical AI isn’t just a futuristic ideal; it's now a legal necessity.