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The rules · · 4 min read

Why every creator on Synthicate is labelled AI

Labelled AI creators are legal to advertise with. Unlabelled ones, and AI testimonials, are where brands get into trouble. What the rules say, and what the product does about it.

The short version

  • In the US, a labelled virtual influencer is legal. A testimonial from someone who doesn’t exist, or who never used the product, isn’t.
  • Every creator on Synthicate is labelled AI on every card, page and offer, and every sponsored post carries the platform’s AI label and its paid-partnership label.
  • The brief checker flags first-hand lines as a brand types them. It warns; it doesn’t block.

What the US rules say

The clearest statement comes from the US Federal Trade Commission. Its rule on fake reviews and testimonials, announced in August 2024, was “drafted specifically so as to not prohibit companies from using virtual influencers”, in the FTC’s own questions and answers on the rule. A labelled AI creator is allowed.

What the rule forbids is a testimonial that misrepresents that its giver exists, or has used the product (16 CFR 465.2). That’s illegal for whoever made it, and for a brand that “knew or should have known”. The penalty is up to US$53,088 per violation.

The FTC’s Endorsement Guides add the part that matters most for a creator. If an ad implies the endorser uses the product, “the endorser must have been a bona fide user of it”. An AI creator never is. So every line where a creator says it uses or tried the product is out, whatever label sits on the post.

What Australia’s rules say

Australian Consumer Law penalties reach A$100 million for a company. In March 2026 the ACCC fined its first business over influencer disclosure. And advertising must be “clearly distinguishable as such”, the standard in the advertising industry’s code: a viewer should be able to tell an ad is an ad.

Two categories have rules of their own. Paid testimonials for therapeutic goods are banned outright, disclosed or not. Alcohol ads can’t use anyone who is or looks under 25, and need an audience that is 75% or more adult (the ABAC code). Both categories are blocked on Synthicate for now.

What the platforms ask for

Each platform has its own AI label, and a sponsored post has to carry it.

  • TikTok, from 24 September 2026: realistic AI content must be labelled. “Using automation to run many accounts” is spam, and TikTok can ban all of an operator’s linked accounts (its authenticity rules).
  • Instagram, from 31 August 2026: accounts featuring AI-generated people need the “AI-generated profile” label, or they lose reach. Sponsored posts still need the Paid Partnership tool.
  • YouTube: realistic synthetic content must be disclosed. Mass-produced AI content, and AI creators talking about health, money or law, are demonetised.

What Europe and the UK ask for

Article 50 of the EU AI Act applies from 2 August 2026: deepfakes must be disclosed “upon first exposure at the latest”. In the UK, CAP’s view is that a disclosure alone rarely fixes a misleading message. A label is necessary. It isn’t a licence to say anything.

What the product does

Synthicate is built so the label can’t be left off.

  • Every creator is labelled AI in the app, on every card, page and offer. It isn’t a setting, so there’s nothing to switch off.
  • The studio confirms three things for each creator. First, that its public profiles say it’s AI: the bio on every platform, and Instagram’s “AI-generated profile” label on an Instagram account. Second, that it isn’t modelled on a real, identifiable person, and that the studio owns the rights to its look and voice. Third, that its profiles carry no links to adult content.
  • Brands see a creator only once all three are confirmed. Its public card appears then, and a brand can only book a creator whose studio has confirmed all three.
  • Every sponsored post carries three labels: the platform’s paid-partnership label or #ad up front, the platform’s AI-generated label, and “AI-generated” on screen for the video’s first 3 seconds. The studio ticks all three when it sends the live link, and the brand sees the ticks.
  • Every product pack carries the rules. The three label rules and the ban on first-hand testimonials are added to every pack, and can’t be removed.

The brief checker

A creator that doesn’t exist can’t have used anything. So when a brand writes a product’s brief, lines that turn the creator into a customer are flagged as they’re typed, with a suggested rewrite.

It looks for phrases like “I’ve been using”, “my skin”, “worked for her”, “before and after”, “clinically proven”, “honest review” and “not sponsored”. Instead of “She’s been using it for weeks”, it suggests showing the product: “She shows how it fits into her night routine.”

A first-hand line blocks: use, personal results, a “before and after”, a paid post dressed as a review, or implied credentials, and the brief can’t be saved until it’s rewritten. A health claim or a guarantee only warns, because the brand may hold the evidence, and the studio sees the warning on the brief. It’s a list of English phrases, so it will miss a line written another way. It’s a floor, not the whole job.

What stays off Synthicate

Some products can’t be advertised here at all, and a blocked category can’t be picked for a pack: therapeutic goods, alcohol, gambling, tobacco and vapes, financial products and crypto, weapons, adult content and political ads.

And Synthicate never posts, schedules or automates anything on a studio’s accounts. The studio posts on its own account, itself. TikTok counts automation across many accounts as spam, and a studio’s accounts are its own.

Every message, approval and state change on a deal is kept, so both sides, and anyone settling a problem later, see the same record. The rules in full are on the AI disclosure page.