In November 2024, the ASA hosted the event “Future-proof Advertising: How will AI change advertising and regulation?” and spoke about its commitment to using technology to deliver more effective, responsive regulation. The ASA is a proactive regulator, using AI to support effective regulation, assessing emerging issues and non-compliance with the advertising Codes.
Whilst the CAP and BCAP Codes do not contain specific rules relating to AI at this time, marketers should ensure that their use of AI doesn’t generate an issue with the existing rules. Download the latest advice for marketers on using AI in ads.
Deepfake it ‘til you make it.
Ads may feature videos, images, or audio clips that have been digitally manipulated to create a convincing piece of generated media; also known as “deepfakes”. Often associated nefarious activities, deepfakes offer opportunities to generate content in a variety of ways. Marketers should ensure that content created in this way complies with the rules, especially on misleadingness, testimonials and endorsements. Implying an endorsement that simply doesn’t exist will be especially problematic. Whilst consumers can report scam ads to us, marketers should be ready to Ctrl+Z their ads if they are using deepfakes in their ads.[CL1]
Filtering out exaggerated claims
Before AI, there was photoshop, CGI, editing and airbrushing. Marketers are far less likely to mislead if AI use is trivial and doesn’t exaggerate any capabilities. The ASA rules are clear; Marketing communications must not materially mislead or be likely to do so. Making claims in ads using AI is not necessarily problematic. The problem arises when these claims exaggerate the performance of the product. Marketers must be able to substantiate claims and the ASA Council have ruled on ads that have used AI to make misleading claims. If AI in your ad creates a misleading impression of your product, then it will likely hit a regulatory firewall. Similar principles have been applied in ads for videogames, cosmetics or even in advertorial product reviews.
It doesn’t make it acceptable just because it’s AI generated.
Content that is harmful, offensive or irresponsible is simply not acceptable. Ads that feature AI generated or assisted content do not get a pass if they portray unacceptable content either. Ads featuring under-18s being portrayed in a sexual way are unacceptable; being AI generated will not excuse that. Similarly, ads that objectify or sexualise women are also very likely to breach the Code. Marketers must make sure that their AI generated ads don’t irresponsibly target consumers; ads of a sexual nature for example, must not be targeted at an inappropriately aged audience. Don’t try to blame your computer, marketers are ultimately responsible for their ads.
Tech help from our friendly Copy Advice team.
Dial into the help our epert Copy Advice team can provide. The rules regarding AI generated or assisted content can be trickier than uploading a photo of your cat to social media. Unlike persuading Felix to stay still for a photo, our Copy Advice team are here to help with any queries on AI in ads you may have. With their help, you’ll be generating the right kind of interest.
More on
-
Keep up to date
Sign up to our rulings, newsletters and emargoed access for Press. Subscribe now.
