Opinion: Navigating the uncharted waters of AI ethics and regulations

Manisha Kapoor of ASCI shares her thoughts on threading through the risks of using generative AI in the A&M industry while keeping AI ethics and regulations in mind.

Generative AI is certainly the talk of the advertising town. It is the assistant that does not need coffee breaks, does not whine about workloads and impossible deadlines, and is happy to recreate work based on every feedback. It doesn’t answer back, doesn’t take vacations, and is a master of language.

It is no wonder that the media and advertising sector is one of the largest users of generative AI. While AI has been around for a few decades, recent technology developments that have democratised it in the hands of individuals offer vastly exciting possibilities. 

Imagine Mona Lisa created in an art inspired by MF Hussain, or a new campaign showcasing your product in a Van Gogh painting! It's all just as magical, and best of all- instantly possible. But AI isn't just an algorithm's puppet. It works best when there is a dash of human imagination too with prompts that inspire it to do its best. 

The labyrinth of ethical and regulatory issues

However, like any transformative innovation, Generative AI doesn't come without its share of ethical and legal complexities. So, while the advertising industry is making use of wondrous AI creations, it can be tricky territory. Here are some challenges that will need to be addressed and thought through.

Authorship Ambiguity 

Generative AI, with its ability to autonomously create content, blurs the lines of authorship. Who deserves credit for content crafted by algorithms? Is it the brand that initiated the AI process, the AI programmer who designed the model, or the AI itself? This ambiguity has the potential to breed disputes over ownership and intellectual property, stirring a storm of legal battles.

Plagiarism and Originality

Generative AI has the power to replicate styles, tones, and even past works with astonishing accuracy. This opens the door to unintentional plagiarism, where AI-generated content could mirror existing pieces, putting brands at risk of copyright infringement. The ethical dilemma arises: How can advertisers ensure the originality and uniqueness of AI-created content while respecting the works of others?

Bias Amplification

AI models are only as unbiased as the data they're trained on. If the training data carries inherent biases, the AI-generated content could perpetuate these biases, leading to problematic, discriminatory, or offensive outcomes. Ethically, advertisers must grapple with the responsibility of curating diverse and balanced training data to avoid further amplifying societal prejudices.

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Misleading Content

In the pursuit of catching consumers' attention, there's a risk that AI-generated content might cross the line into misleading or deceptive territory. This could happen unintentionally if the AI misinterprets instructions or misrepresents facts. Such scenarios raise concerns about truthfulness and transparency in AI-generated content.

Privacy Invasion

Generative AI's prowess in generating hyper-personalized content can inadvertently infringe upon individuals' privacy. The AI's capacity to mine publicly available data to create targeted content might overstep ethical boundaries, leading to concerns about data privacy and the responsible use of personal information.

Regulatory Uncertainty

The legal landscape for AI-generated content in advertising is a labyrinth of uncertainty. Existing copyright laws might struggle to accommodate this novel form of content creation. Determining liability in cases of AI-generated content gone awry poses a challenge, raising questions about the roles and responsibilities of brands, AI developers, and platforms.

Potential for Consumer Harm

Generative AI’s ability to mimic human interactions makes consumers vulnerable to many ways of deception such as fictitious reviews and testimonials which can be generated in the thousands by AI, skewing the perception of a product’s true popularity and performance. It can impersonate influencers, and consumers might unknowingly engage with the AI persona, buying into the illusion of genuine connections.

Generative AI can also fabricate engagement metrics on social media, portraying content as more popular and impactful than it actually is. Consumers might trust the perceived popularity and authenticity of content, even if it's artificially inflated. Chatbots in many cases are nothing but AI tools, and some consumers may believe that they are chatting with humans who are trying to help solve their problems.

While Generative AI can undoubtedly enhance creativity and efficiency, its power to replicate patterns, styles, and behaviours raises ethical concerns. The boundary between authentic, human-created content and AI-generated content blurs, posing challenges for consumers seeking transparency and genuine engagement. 

Navigating the uncharted waters of Generative AI in advertising requires a delicate balance between technological advancement and ethical vigilance. As brands embrace this innovative tool, they must grapple with these pressing ethical and legal considerations. Only by addressing these challenges head-on can the advertising industry harness the true potential of Generative AI while safeguarding its integrity, authenticity, and societal impact.

This article is penned by Manisha Kapoor, CEO and Secretary General, ASCI & is a part of a monthly article series for raising awareness.

Disclaimer: The article features the opinion of the author and does not necessarily reflect the views of The Advertising Standards Council of India or the stance of the publication.