Article 5(1)(bb), 5(1a)
UpcomingFrom 2 Dec 2026Do Not Generate or Manipulate Prohibited Child Sexual Abuse Material Using AI
Applies to Provider; Deployer, subject to Article 5 conditions.
- Actors
- ProviderDeployer
- Themes
- Governance & Accountability
Tracker Networks Guidance
For providers, do not place on the market or put into service an AI system whose intended purpose is to generate or manipulate the prohibited child sexual abuse material or performance, or where that outcome is reasonably foreseeable and reproducible and the system lacks reasonable and adequate safeguards to prevent and correct misuse. For deployers, do not use an AI system for that prohibited purpose. Consider the national-law qualification referenced by Article 5(1)(bb).
Official text
(bb) the placing on the market, the putting into service or the use of an AI system that generates or manipulates material or performance within the meaning of Article 2, points (c) and (e), of Directive 2011/93/EU, except where a ‘without right’ defence applies under national law;
1a. For the purposes of paragraph 1, first subparagraph, points (ba) and (bb): (a) the placing on the market or putting into service of an AI system that generates or manipulates the material or performance referred to in paragraph 1, first subparagraph, point (ba) or (bb) is only prohibited where: (i) that generation or manipulation is the intended purpose of the AI system; or (ii) the system’s design, training, architecture, capabilities or user-facing functionalities make that generation or manipulation a reasonably foreseeable and reproducible outcome, without requiring significant technical modification, and the system does not have reasonable and adequate technical safety measures and other safeguards to reliably prevent that generation or manipulation, taking into account reasonably foreseeable misuse, and to correct observed or reported misuse; (b) the use of an AI system that generates or manipulates the material or performance referred to in paragraph 1, first subparagraph, points (ba) and (bb) is only prohibited where the deployer uses the system for the purpose of generating or manipulating such material or performance.
Suggested controls
AI Inventory and Use-Case Classification
Maintain an inventory of AI systems/use cases and classify them by regulatory role, use, risk category and relevant conditions.
Prohibited AI Practice Screening and Approval
Screen proposed AI systems and use cases for prohibited practices before procurement, development, deployment or material change.
Synthetic Content Safety and Misuse Controls
Prevent or detect prohibited generation/manipulation of harmful synthetic content and escalate misuse.
Related risks
Use of Prohibited AI Practices
The organisation may develop, procure or use AI in a manner prohibited by applicable AI regulation.
Harmful or Unlawful Synthetic Content
AI capabilities may be used to generate or manipulate unlawful, abusive or materially harmful synthetic content.