The Advertising Standards Council of India (ASCI) on Tuesday released guidelines for the responsible labelling of synthetically generated content (SGC) in advertising. The guidelines specify when advertisers need to disclose the use of SGC and which uses are not permitted.
The guidelines follow stakeholder consultations on the draft released by ASCI in May and will come into effect three months from the date of publication.
What is synthetically generated content?
ASCI defines synthetically generated content as any audio, visual or audio-visual material in an advertisement that is artificially or algorithmically originated, created, generated, modified or materially altered using a computer resource.
For content to fall under the definition, it must be designed to appear real, authentic or true and depict or portray an individual or event in a way that is likely to be understood, perceived or believed to be true, or be indistinguishable from a natural person or a real-world event.
According to ASCI, SGC becomes misleading or harmful when it creates unfulfillable expectations, exploits vulnerable populations, depicts unsafe situations, replicates a natural person’s likeness without consent, or provides false or misleading information through its depiction.
The new guidelines set out four key areas to help advertisers determine when disclosure is required and which uses of SGC are not permissible.
Prohibited content
Advertisements that are illegal, infringe on rights, contain misleading claims or violate the ASCI Code will remain prohibited regardless of whether an AI label is used.
This includes fabricating endorsements or testimonials; exaggerating product results or features in misleading ways through synthetic representations; and presenting non-existent locations or settings as real in a manner that could mislead consumers. The prohibited uses also include using unauthorised copyrighted work and using deepfakes or an individual’s likeness without consent.
When SGC must be labelled
Disclosure will be mandatory when SGC materially influences consumer decisions and the absence of a disclosure could mislead consumers.
This covers the use of synthetically generated influencers and ambassadors, as well as the replication of a real person’s likeness or voice with consent for personalised messaging.
Labelling will also be required for fabricated events or settings that could affect consumers’ understanding of the advertised product or service, and for demonstrations of products that do not currently exist. SGC-generated sound effects that are highly relevant to a product’s core features, such as those used for headphones, will also require disclosure. Paid or sponsored AI-generated product suggestions must specifically carry the label “sponsored by [brand]”.
When disclosure is not required
ASCI said disclosure will not be necessary when SGC has no material impact on a consumer’s ability to make an informed choice.
This includes routine editing such as colour correction, light adjustment, noise reduction and minor blemish removal. Decorative or ambient elements and obvious fantastical effects will also not require labelling. Administrative and text-based applications, including generating advertising copy, are exempt from disclosure. Accessibility applications, including subtitles, translations and accurate audio descriptions, will also not require a label.
How disclosures should be made
Where disclosure is required, brands can use labels such as “Audio/Video created using AI” or “Audio/Video enhanced using AI”, including labels provided by advertising platforms.
Brands can also use alternative labels, provided these accurately inform consumers about the nature of the synthetic content. Where applicable, disclosures should follow the ASCI Code’s guidelines on disclaimers. ASCI added that all SGC-based advertisements will continue to be assessed against the ASCI Code in its entirety.
Why are the guidelines needed?
ASCI said the guidelines were needed as brands increasingly use
artificial intelligence (AI) to create and enhance advertising content, with the focus being on how such content can affect consumers.
Speaking on the guidelines, Manisha Kapoor, secretary general and CEO, ASCI, said the use of AI in advertising is evolving rapidly and that the organisation’s approach must evolve alongside it while keeping consumers at the centre. “These guidelines provide for practical transparency requirements, when a consumer’s understanding of an advertisement may be adversely impacted without an AI label,” Kapoor said. The responsibility, she said, remains with advertisers to ensure that the end communication is honest, transparent and compliant with the ASCI Code.
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