Yes, with rules: AI labeling (EU AI Act, since Aug 2, 2026), ad disclosure, image rights and Instagram and Fanvue policies. With official sources.
Since August 2, 2026, whoever publishes AI images or videos that could pass as real must say they're AI. For clearly artistic or fictional work, a notice that doesn't spoil it is enough.
On May 26, 2026 the Spanish Government approved the bill on the good use and governance of AI, with its own penalty regime, and sent it to Parliament. Until it passes, it's a bill, not a law.
In Spain, Law 13/2022 on Audiovisual Communication and Royal Decree 444/2024 set duties for creators above certain income and audience thresholds. The rule for everyone: if you're paid, you say so.
Using a real person's or a celebrity's face without permission clashes with their right to their own image. Fanvue also requires verification and signed consent from any real person who appears.
Instagram asks for the “AI-generated profile” label since August 31, 2026. TikTok asks you to label realistic AI content. Fanvue requires its AI label.
Yes. Creating an AI influencer and earning money with her is legal in Spain and the EU as of October 2026, as long as you do three things: say she's AI when she could pass as real, flag paid posts, and never use a real person's face or identity without their permission.
The new rule is Article 50 of the EU AI Act, which applies since August 2, 2026. In Spain, on May 26, 2026 the Government approved the bill that develops it, with its own penalties; it's now in Parliament.
Outside the EU, rules vary by country, but platform rules apply everywhere: Instagram, TikTok and Fanvue all ask you to label. This is general information, not legal advice. If you're going to bill seriously, talk to a lawyer in your country.
Yes, in Spain and the EU as of October 2026, if you disclose that she's AI, flag paid posts and don't use anyone's face without consent. General information, not legal advice.
Since August 2, 2026, whoever publishes AI-generated images, audio or video that could pass as real must disclose it. For clearly artistic or fictional work, a notice that doesn't spoil it is enough. Separately, AI tools must mark what they generate in a machine-readable way; those already on the market have until December 2, 2026.
On May 26, 2026 the Government approved the organic bill on the good use and governance of AI and sent it to Parliament. It adapts the EU regulation and sets penalties in Spain. Until Parliament passes it and it's published in the BOE, it's a bill.
On Instagram, the profile label already shows next to your posts that don't carry their own AI notice. On TikTok you label each realistic AI video. On Fanvue the account carries the label and some media are labelled automatically. And if someone asks, tell the truth.
Not without their consent. It clashes with their right to their own image, and platforms like Fanvue require that person to be verified and to have signed their consent. The simple route: create your influencer from scratch, with a face that belongs to nobody.
Law 13/2022 and Royal Decree 444/2024 apply to “users of special relevance”: creators above certain income and audience thresholds. Even if you're not there yet, always flag paid posts.
Instagram: the “AI-generated profile” label, or less reach. TikTok: label AI content that looks realistic. Fanvue: AI label, ID verification of the owner and consent from any real person who appears.
Each country has its own rules, so check yours. If your audience is in the EU, follow the AI Act anyway. And platform rules, like labelling on Instagram, TikTok and Fanvue, are the same everywhere.
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