Recital 14

(14) These prohibitions constitute justified interferences with the freedom of expression and information and the freedom to conduct a business. They pursue objectives of general interest and protect the rights and freedoms of others, including those set out in Article 1, Article 3(1) and Articles 4, 7, 8, 21, 23 and 24 of the Charter of Fundamental Rights of the European Union (the Charter). They are closely tailored. In the case of intimate material, they are limited to realistic depictions of identifiable natural persons and to cases where the AI system is used to increase the level of nudity or explicitness; and exclude generation or manipulation with the person’s consent. Moreover, they are limited to requiring providers to implement ‘reasonable and adequate’ measures and safeguards in the case of systems not intended to generate or manipulate the prohibited material. They are also aligned with existing Union law, including Directive 2011/93/EU and Directive (EU) 2024/1385 of the European Parliament and of the Council (12). The interferences respect the essence of Articles 11 and 16 of the Charter, are prescribed by law, and are proportionate.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-14 · Text as adopted (Official Journal); later amendments are not incorporated in this text.