ICC Statement on the Use of AI in Advertising and Marketing Communications

Ensuring responsible marketing practices worldwide has been a long-standing ICC commitment. The ICC Advertising and Marketing Communications Code or the ICC Code – is a globally applicable, self-regulatory framework, developed by experts across all industry sectors worldwide. Since 1937, it has served as the cornerstone for most self-regulatory systems around the world.

The ICC Code covers all forms of commercial marketing communications and is media and technology neutral. It applies to all mediums and platforms including social media, mobile, virtual and marketing communications using artificial intelligence (AI), as well as new technologies that become available in the future. As such, it serves as a practical resource for practitioners developing and delivering marketing communications, including with the assistance of AI, algorithms, and other automated technologies. Marketers should ensure that the ICC Code is followed whether marketing communications are created, modified or delivered solely by humans or with the assistance of AI, whether in whole or in part. When employing such technologies, marketers must remain at the helm and continue to exercise due care and oversight to ensure that marketing communications are legal, decent, honest, truthful, and that data privacy policies are adhered to. Careful oversight should be in place to ensure that marketing communications do not incite or condone any form of discrimination. Marketers are also encouraged to be mindful of diversity and inclusion in advertising and seek to avoid stereotypes and objectification.

ICC’s Global Marketing and Advertising Commission is currently in the process of revising the ICC Advertising and Marketing Communications Code to ensure that it is up-to-date, user-friendly, and reflects the evolving technological landscape. The current ICC Code already clearly states in several instances that the “responsibility to observe it also applies to all participants in the marketing ecosystem, including (…) those responsible for preparing algorithms and the use of artificial intelligence for marketing communications purposes”.

The upcoming revised version of the ICC Code to be launched in the second half of 2024 will reiterate and clearly address in the scope that marketers’ responsibilities do not change with the use of AI and marketing communications prepared or delivered using AI must meet the same standards as all marketing communications.

We therefore call on all marketers and related constituents of the advertising ecosystem who design, create, deliver, or control marketing communications through the use of AI, algorithms, and other automated technologies to observe the ICC Code and continue to produce responsible marketing communications whatever the means used.