Navigating AI In Advertising: ASCI Suggests Practices For Regulatory Clarity

A recent report by Advertising Standards Council of India (ASCI), titled ‘Generative AI and Advertising’, released with Khaitan & Co, highlights the opportunities, risks and legal considerations around the use of AI in advertising.

According to ASCI, the advertisers that employ generative AI in their work must seek licenses and approvals for the same.

The report also acknowledged that the protection under the Copyright Act for AI-generated content is currently unclear, because AI does not have legal status in India and an AI tool cannot be considered an ‘author’ or ‘owner’ of the works it creates.

It stated that the upcoming Digital India Act will focus on regulating AI and prioritising user protection.

In order to mitigate the risks associated with generative AI, the report suggests practices like reviewing the AI platform’s terms of use and licensing compliance and obtaining the necessary authorisations and licenses for uploaded materials.

Other practices include safeguarding confidential information, ensuring data privacy and upskilling human labour in editorial oversight.

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