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ASCI and Khaitan & co release whitepaper on generative AI in advertising : Assessing opportunities, risks, and compliance

The paper highlights regulatory ambiguity and challenges in AI's use for advertising.

The Advertising Standards Council of India (ASCI) and Khaitan & Co, a leading law firm, have jointly released a comprehensive whitepaper delving into the world of generative artificial intelligence (AI) and its implications in advertising. The paper sheds light on the vast potential, legal considerations, and challenges surrounding the use of AI in creating ad content.

Manisha Kapoor, CEO and Secretary General of ASCI, expressed the transformative potential of AI in advertising and the importance of upholding consumer protection principles. As the field evolves, the report underscores the need for regulatory clarity, particularly regarding privacy, copyrights, and content responsibility.

Tanu Banerjee, partner at Khaitan & Co, emphasized that while generative AI holds immense promise for the advertising sector, it also brings forth legal risks and challenges related to content ownership, data privacy, AI bias, and more. To ensure ethical use and compliance, the whitepaper highlights the existing regulatory framework and best practices for advertisers.

Generative AI empowers advertisers to automate content creation, enabling the development of original text, images, articles, and marketing materials. It also enhances customer experiences through chatbots, AI assistants, and interactive advertising. The whitepaper acknowledges its limitless applications while addressing concerns related to consumer protection and potential misuse and manipulation.

Focusing on the Indian legal landscape, the whitepaper addresses the legal risks advertisers may encounter when utilizing generative AI. It offers insights on potential copyright infringement, unlawful content prevention, and data privacy concerns.

The paper outlines several best practices to mitigate risks associated with generative AI, such as reviewing AI platform terms of use, obtaining necessary authorizations and licenses for uploaded materials, and implementing robust content review processes. Other practices include safeguarding confidential information, upskilling human labor in editorial oversight, and embracing principles of fairness, accountability, transparency, and ethics within the AI community.

The whitepaper concludes by emphasizing the importance of responsible and ethical deployment of generative AI, with a focus on fairness, accountability, transparency, and ethics in decision-making and its impact on individuals and society. Advertisers are encouraged to adopt these principles for the responsible use of AI in advertising.

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