On 20 March 2026, the International Chamber of Commerce (ICC) published a guidance on the responsible use of AI in advertising and marketing, clarifying how the ICC Advertising and Marketing Communications Code applies to AI. The guidance does not introduce new rules but rather provides a practical guide on how the existing principles under the ICC Code apply to AI.
Key takeaways:
- Transparency: The use of AI to generate advertising materials or marketing communications does not by itself require disclosure. However, disclosure may be required when it is necessary to counter any potentially misleading impression.
- Responsibility: Marketers remain fully responsible for their advertising and marketing communications. Liability cannot be avoided or circumvented through the use of AI tools or providers.
- Use of likeness of real people: Where AI is used to generate a likeness of or featuring real and identifiable people for use in marketing, consent should be obtained.
The ICC also sets out checklists for companies for the use of AI in advertising and marketing. The guidance, including the checklist, can be accessed here: Responsible AI in marketing: How to apply the ICC Advertising and Marketing Communications Code |
