Generative AI & Advertising: Decoding AI Regulation

Generating tailored ads that resonate uniquely with each individual viewer. Designing dynamic campaigns that evolve according to consumer response. Creating a year’s worth of brand content, with just a few clicks. These are just few of the ways that generative AI might transform the ad industry, with the promise of even greater changes on the horizon.

So, how are we regulating the use of generative AI in advertising?

What is generative AI?

To put it simply, generative AI is a form of artificial intelligence that can create original content such as images, text or music tailored to a user’s requests. It learns from existing data that it has been trained on, to produce new things that have not explicitly been programmed in.

Nothing new under the Code

You may be wondering whether it matters to us if an image used in an ad has been generated by AI.

Similar to our previous advice on new platforms (in short: the Code is media-neutral), if an ad falls within our scope, our rules will apply, regardless of how the ad was created. This is because we regulate ads based on how the consumers will interpret them, which is not impacted by the means used to generate that specific piece of content.

However, there are instances where how an ad was created might be relevant to whether it complies with the rules.  The ASA has yet to rule, to their knowledge, on any ads using AI generated images. However, if these were used to make efficacy claims, there is the potential for them to mislead if they do not accurately reflect the efficacy of the product - much in the same way as images that are photoshopped or subjected to social media filters might. Advertisers should consider this if they are thinking about using AI generated images in their ads.

There is also a risk of some AI models amplifying biases already present in the data they are trained on, which could potentially lead to socially irresponsible ads. There have been a few documented examples of specific generative AI tools tending to portray higher-paying occupations as perceived men or individuals with lighter skin tones, or  portray idealised body standards that could be harmful or irresponsible. Our advice to advertisers that want to use AI generated images in their advertising is that they should be mindful of the potential risk of inherent bias and sense-check their ads to ensure that they are socially responsible and do not inadvertently portray harmful stereotypes. 

Overall, advertisers should be aware that, as stated in our recent Stripe & Stare Ltd ruling, even if marketing campaigns are entirely generated or distributed using automated methods, they still have the primary responsibility to ensure that their ads are compliant. This is true for all stages of ad creation and distribution.

If you need further advice on non-broadcast ads or campaigns, CAP’s Copy Advice team are happy to help.

More on

  • Keep up to date

    Sign up to our rulings, newsletters and emargoed access for Press. Subscribe now.