The International Council for Ad Self-Regulation's Global Think Tank just released its first think pieces – two papers on artificial intelligence and advertising. (Full disclosure, the Global Advertising Lawyers Alliance is a member of the ICAS Global Think Tank.)
The first paper, AI in Advertising, written by University of Johannesburg professor Steven Sidley, provides general information about the use of artificial intelligence in advertising, along with historical context and thoughts about how the impact of AI in advertising.
The second paper, Beyond Simple Labelling, was written by Konrad Shek, the Public Policy and Regulation Director at the Advertising Association. This paper takes on the important question of whether all AI-generated content used in advertising should be labelled. Significantly, the paper concludes that all AI-generated content should not be labeled, but instead that "the question of whether to mandate labelling for AI-generated content in advertising requires a nuanced approach that balances transparency with practicality." The paper argues for a risk-based approach that focuses on whether "the use of AI generated content causes material deception and or is likely to mislead a consumer acting reasonably."
It's significant that the "Beyond Simple Labelling" report is arguing that rules around labelling of AI-generated content should be focused on deception. With regulators and self-regulators asking hard questions about whether all AI-generated content should be labelled, this report argues for restraint – and for a more nuanced approach that aligns with traditional advertising principles.
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