This browser is not actively supported anymore. For the best passle experience, we strongly recommend you upgrade your browser.

Advertising Law Updates

| 3 minute read

Notebook From Cannes -- Sustainability, AI, and DE&I

This year's Cannes Lions International Festival of Creativity -- the 70th anniversary of the advertising festival -- has so much of what you'd expect from an industry event where we're all so happy to be able to get together in person again.  Big crowds.  Lots of awards and panel discussions.  Even bigger sponsored events.  More yachts than you could even visit.  And plenty of rose.  What struck me, though, was that there were key themes that came through which really highlight the kinds of issues that we're going to continue to need to focus on from a compliance perspective in the coming year. 

Before I was interviewed yesterday morning by Stephane Martin, the Director General of the ARPP, which is France's advertising self-regulatory organization, he and I sat down over coffee and talked about some of these issues as well.  

In the Palais, there were big crowds, for sure, to get into the sessions featuring celebrities, such as yesterday's morning fun session with Kevin Hart.  But, to me, it seemed like there were just as many people jostling to get into a later session on "How AI is Revolutionizing How We Live, Work and Create."  There's no question that artificial intelligence is on everyone's mind in a big way, and as AI starts to play an even bigger role in the creative process and in the way that advertising is delivered, and as marketers increasingly tout the AI-related features of products, we're all going to have to play close attention to all of the new legal issues that AI is presenting.  As Stephane Martin told me, AI is "a threat but also an opportunity for creativity."  (In the United States, the Federal Trade Commission, which is already worried about the impact of AI, has already had quite a bit to say about it, including some recent guidance on AI and the Engineering of Consumer Trust.)

Sustainability is also a big focus of the content along the Croisette.  For example, Ad Net Zero is here (with sessions such as How Can You Respond to the Climate Emergency?) along with Act Responsible (with its Great Ads for Good exhibition, and with a panel that I'll be attending later today, Driving Responsible Growth:  How Creativity, Sustainable Media, and Collaboration Can Drive the Power of Purpose.).  It's very clear that sustainability is on everyone's mind.  How are we going to have less impact on the environment?  How are we going to make products that do less harm?  And how are we going to communicate all of the good work we're doing without engaging in greenwashing?  While it may feel a bit like the Wild West, and while undoubtedly there are complicated questions still to be answered, the truth is that there are already lots of rules and guidance out there for marketers to help them talk about their sustainability efforts without misleading consumers.  As Stephane pointed out to me, while "we have the tools" to manage these issues, we have to continue educating marketers about the rules and guidance that is out there.  (And, in the United States, we're anxiously awaiting new guidance from the FTC, as it considers revisions to its Green Guides.)

A great session in the Palais sponsored by Estee Lauder with poet and activist Amanda Gorman and Jane Lauder highlighted issues related to diversity, equity, and inclusion, which are also a big focus of this year's festival.  Gorman talked about the power that brands and celebrities have to be impactful and really make a difference.  As Lauder explained, "Consumers don't just want brands to deliver impact; they expect them to."  Another terrific session, Pride Was Always a Protest, which was held at Dentsu Beach, similarly talked about the the importance of using advertising as a tool in the fight for equality (and also wrestled with some of the recent challenges as well).  I also attended an interesting session in the Palais, The Future of Innovation is Accessibility, which focused on the importance of inclusive creativity in marketing.  While this is just a small sample of the content that's here this week, it emphasizes how issues related to DE&I will continue to be a big area of focus for the industry.  And self-regulation will likely play a big role as well.  As Stephane explained, issues related to representation are in the DNA of self-regulation, and will continue to be so.  (Historically, that had been less true in the United States, where our main self-regulatory system was focused solely on truth-in-advertising issues.  That changed recently, however, when the National Advertising Division expanded its rules to cover issues related to stereotyping, prejudice, and discrimination.)

Lots to celebrate in Cannes, for sure.  But lots of big issues that we're going to have to tackle as well.  

"Consumers don't just want brands to deliver impact; they expect them to" -- Jane Lauder

Tags

artificial intelligence, sustainability, diversity