It would depend on the details of the particular situation (was there a specific news story associated with the GP?), but you'd have to show that people with the skin color in question signed off on the product.

It's one thing if you produce a new model and present it at a conference, and one of the conclusion of your paper is that "this model does great on light-skinned faces but performs poorly on dark-skinned faces, we need to make improvements in optics and low-light sensing to bring up the accuracy on dark-skinned people." That's not racist, that's doing science.

It's another if you are a for-profit image recognition company, or if you otherwise deploy that model in production without so much as checking to see if your model generalized well to dark-skinned faces, or without attempting to add some post-hoc bias correction, etc.

We are currently in a world where the latter happens quite often. It's not just a race thing; there all kinds of inadequate "AI" systems being pushed on people that don't really work as advertised, to the detriment of some group or another (sometimes to everyone). But when it becomes a race thing, it's especially distressing to a lot of people, because Europe and the USA have long and grim histories of racism that extend up to and including the present day.