The Advertising Standards Council of India (ASCI) and Khaitan & Co, a full-service law firm, have collaborated to release a comprehensive whitepaper on generative artificial intelligence (AI) in advertising. The whitepaper delves into the opportunities, risks, and legal considerations surrounding the use of generative AI in advertising.
According to Manisha Kapoor, CEO and Secretary General of ASCI, AI is a groundbreaking technology with immense potential in advertising. Advertisers must be mindful of its impact on consumers and society, and the regulations and consumer protection principles that apply to traditional ads also extend to advertisements made with AI. As the field of AI evolves, regulatory clarity needs to keep pace with technological development, particularly concerning privacy, copyrights, and content creation responsibility.
Tanu Banerjee, Partner at Khaitan & Co, highlighted that AI is poised to disrupt business operations, with generative AI seeing high adoption in the advertising sector. However, while it offers significant opportunities, there are also legal risks and challenges, such as content ownership, data privacy, AI bias, and authenticity concerns. Advertisers must be aware of existing regulations and legal principles to ensure ethical use of generative AI.
Generative AI allows advertisers to automate the creation of original content, including text, images, articles, and marketing materials, improving customer experiences through chatbots, AI assistants, and interactive ads. The whitepaper acknowledges the vast applications of generative AI in advertising but also addresses concerns about potential misuse and manipulation, particularly in terms of consumer protection.
The whitepaper focuses on the Indian legal framework and outlines the legal risks and challenges advertisers may encounter while using generative AI. It addresses issues like copyright infringement, prevention of unlawful content, and data privacy concerns.
