The International Chamber of Commerce just released new guidance, Responsible AI in Marketing – How to Apply the ICC Advertising and Marketing Communications Code.  The guidance – developed by the ICC Global Marketing and Advertising Commission – helps marketers think through the issues posed when using AI to help develop advertising materials and provides practical suggestions to help advertisers ensure that their advertising is truthful and not misleading. 

Significantly, the ICC takes the position that the use of generative AI to create advertising materials does not, by itself, require disclosure.  The ICC recognizes, however, that “There may be circumstances in which it will be necessary to identify, in an appropriate way, that AI has been used in the creation of a campaign or specific elements within it in order to counter any potentially misleading impression.”  

The ICC's guidance also advises advertisers to get permission when generative AI is used to create a likeness of “real and identifiable people for use in marketing communications” as well as when it is used to “materially repurpose or alter an existing image.”   The ICC indicates, however, that no permission is needed when generating likenesses of generic people who are not real.  The ICC cautioned that, when using synthetic people, it is important to consider whether any other truth-in-advertising issues are implicated, such as if it appears that the person is giving an endorsement (in which case a disclaimer may be needed).

(Disclosure - I serve as a Vice Chair of the ICC Global Marketing and Advertising Commission and participated in the drafting of this guidance.)