In November 2024, the ASA hosted the event “Future-proof Advertising: How will AI change advertising and regulation?” highlighting its commitment to using technology for more effective and responsive oversight. As a proactive regulator, the ASA leverages AI to monitor emerging issues and spot non-compliance with advertising Codes. While the CAP and BCAP Codes don’t yet have specific AI rules, marketers must ensure their AI-driven ads adhere to existing regulations.
Download the latest advice for marketers on using AI in ads.
Deepfake it ‘til you make it
Ads can now feature videos, images, or audio that are digitally manipulated—known as deepfakes. Though often linked to deceptive practices, deepfakes offer marketers new creative options. However, any AI-generated content must comply with rules on misleading claims, testimonials, and endorsements. For example, implying an endorsement that doesn’t exist will cause regulatory issues.
Consumers can report scam ads, and marketers should be ready to take quick action if deepfakes in their ads raise concerns.
Filtering out exaggerated claims
Before AI, tools like Photoshop and CGI were used to enhance ads. The key principle remains: marketing communications must not mislead consumers materially. Using AI to make claims isn’t inherently wrong, but exaggerating product capabilities is.
Marketers need to substantiate any claims made, especially when AI is involved. The ASA Council has ruled against ads that used AI to create misleading impressions. This applies across sectors, including video games, cosmetics, and product reviews. AI-generated content doesn’t get a free pass if it misleads.
Content that is harmful, offensive, or irresponsible is unacceptable—AI-generated content included. Ads portraying under-18s in sexual ways or objectifying women breach the Code, regardless of how they were made. Marketers must also avoid irresponsibly targeting consumers; for example, ads with sexual content must not be aimed at inappropriate age groups.
Don’t try to blame your computer
At the end of the day, marketers are fully responsible for their ads. Using AI doesn’t shift that responsibility.
Tech help from our friendly Copy Advice team
Figuring out rules around AI-generated or assisted content can be tricky. Luckily, the Copy Advice team is available to help with any questions. Whether it’s understanding compliance or refining your AI-driven ad, their expertise will save you time and headaches.
Need more guidance on AI in advertising? Check out Complete AI Training’s courses for marketers to stay informed and compliant.
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