Artificial intelligence in advertising requires permission

- The white paper listed six risks associated with the use of AI in the advertising industry

It will be mandatory for advertisers using generative artificial intelligence (AI) as input to generate bound licenses and permissions. Advertising Standards Bureau of India issued this directive. In a white paper published titled Generative AI and Advertising, the Advertising Standards Bureau said that if any technology is used to create content, prior permission will be required for commercial use.

This white paper outlines six risks associated with the use of AI in the advertising industry. Apart from this, it also mentions the statutory provisions under which the violation is prosecuted. The biggest risk is related to the copyright rights of a piece of content.

AI uses things that are already available on the Internet. AI is picking up this content and providing it with its own interpretation. In such a situation, the question arises whether there may be any legal or copyright related risk? In that case would it be considered an original work? If two people receive the same prompt from generative AI, there is a risk of proprietary content. "The question then arises as to how the finished material can be protected or preserved."

There is also a risk to consumers that cannot be ruled out. Necessary explanation or information regarding any topic is important. Consumers should take a decision only after considering all aspects.

Other risks mentioned in the white paper include prohibited content appearing in AI-generated ads, invasion of privacy, bias associated with AI models, and displacement of creative labor. The letter advises that advertisers should keep a close eye on AI technology so that there is no scope for injecting personal information or prohibited content into the finished content. The letter also suggested that human labor should be made more skilled to counter the adverse effects of AI.

India's legal framework has several provisions that prevent copyright infringement and invasion of privacy. These include the Trade Marks Act, 1999, the Information and Technology Act, 2000 and the Copyright Act, 1957. These provisions do not take into account whether the ads are generated by humans or AI. Until new and comprehensive rules come in, we will be able to use the existing provisions. But a comprehensive framework focused on AI and related topics would be really helpful.