Prohibited AI practices (Art. 5)
Binds All providers & deployers of AI systems in the EU. Bans on social scoring, manipulative AI, untargeted scraping.
Stated maximum penalty — Up to 7% global turnover or €35M
Topic dossier
The AI uses that are forbidden outright — manipulative systems, social scoring and non-consensual intimate imagery — regardless of safeguards. 5 obligations across 3 jurisdictions — 4 in force, 1 proposed.
Above the risk tiers sits a smaller set of outright bans. The EU AI Act’s Article 5 is the broadest: it prohibits social scoring, manipulative and exploitative systems, untargeted facial-image scraping and more. Texas, Peru and the US TAKE IT DOWN Act add their own prohibitions. These are the lines that hold regardless of safeguards or consent.
Binds All providers & deployers of AI systems in the EU. Bans on social scoring, manipulative AI, untargeted scraping.
Stated maximum penalty — Up to 7% global turnover or €35M
Binds All providers / deployers of such AI systems. New Art. 5 prohibition added by the Digital Omnibus; Parliament-adopted 16 Jun 2026, formal Council adoption pending.
Pending — new Art. 5 prohibition added by the Digital Omnibus (Parliament-adopted 16 Jun 2026).
Stated maximum penalty — Up to 7% turnover or €35M
Binds Anyone publishing non-consensual intimate imagery; covered online platforms (notice-and-removal). Bans non-consensual intimate imagery incl. AI deepfakes; covered platforms must remove within 48h (notice-and-removal duty live 19 May 2026).
Stated maximum penalty — FTC enforcement; criminal penalties
Binds Persons developing/deploying AI in Texas or serving Texas residents; state agencies. Bans manipulative/discriminatory AI; AG-enforced.
Stated maximum penalty — Up to $200k/violation; $40k/day
Binds Public and private AI developers / deployers. Prohibited / high-risk / acceptable tiers; high-risk AI needs prior evaluation, human oversight and transparency.
Stated maximum penalty — Referral to data-protection / Indecopi
Article 5 prohibits, among others, harmful manipulation, exploitation of vulnerabilities, social scoring by public authorities, certain predictive policing, untargeted scraping of facial images and most real-time remote biometric identification in public spaces. The bans have applied since 2 February 2025.
Increasingly, yes. The US TAKE IT DOWN Act bans non-consensual intimate imagery, including AI deepfakes, and requires covered platforms to remove it; the EU has added a new Article 5 prohibition targeting AI-generated CSAM and intimate imagery.
Article 5-style bans generally apply to anyone placing such a system on the market or putting it into service in the jurisdiction, regardless of size. Scope and exemptions differ by instrument — check the linked source.
We currently track prohibited ai practices obligations across 3 jurisdictions: European Union, United States and Peru. Each is dated and linked to its primary source on this page.
Not legal advice. Each obligation links to its primary source and carries the date it was last checked; verify the legal text before relying on it.