After a year of development, the Association of National Advertisers has released a marketing ethics framework that it says aims to promote a common set of rigorous standards for ethical marketing. The ANA’s “Ethics Code of Marketing Best Practices” framework and resource guide brings together existing ANA guidelines with a range of best practice recommendations for marketers. By addressing issues including artificial intelligence, privacy, advertising to children, and diversity and inclusion, they hope industry self-regulation will keep state and federal regulators at bay.
“It represents the baseline that marketers and advertisers can utilize to bridge the gap between their work and a consumer’s expectations of the industry,” said Senny Boone, Senior VP of the Center for Ethical Marketing at ANA.
One area of particular interest is the ANA’s first guidelines around the ethical use of AI in marketing. To ensure that AI technologies are deployed responsibly and ethically by marketers, the Ethics Code outlines a range of best practices, including the standard that marketers be transparent about their use of AI in their campaigns.
“Consumers should be given clear or easily accessible notice of the use of Generative AI in audio and/or visual advertisements when the failure to disclose... is likely to materially mislead a reasonable consumer as to the creation of the advertisement,” the guidelines say. They recommend a notice be provided through steps such as an audio or video disclaimer within the ad, a watermarking system, or use of a standard icon. And when the use of AI involves political advertising, the guidelines say consumers should be given “clear or easily accessible notice” that a commercial includes AI-generated content such as significantly modified speech or if the content depicts speech, conduct or an event that did not actually happen.
“We also added a provision in terms of human oversight and review because of some of the concerns that are being put forth in the technology space,” Boone said on a recent ANA webinar detailing the new guidelines.
Among the examples of unethical ad behavior surrounding AI would be the use of a deep fake “celebrity” endorsement, or if the AI-generated infringes on the intellectual property rights of others.
“This is a living, breathing code. We know that AI and other innovations that Gen AI is going to development is going to be a fast-moving area,” said Christopher Oswald, ANA’s Executive VP for Law, Ethics and Government Relations of the Washington office, which includes the Center for Ethical Marketing. He said that as they wrap up the release of the first set of recommendations, ANA will start working on an update. “The code is so wonderful because it gives our members something to point to, say this is what we aspire to,” Oswald said.
The ANA Marketing Ethics Code also recommends advertisers avoid using stereotypes in their ad creative, along segments such as gender, race, ethnicity, sexual orientation, gender identity, ability, religion, socioeconomic status, body type, or age. It suggests marketers and advertisers should consider developing a supplier diversity strategy, to place more ads with media outlets owned by women, minorities, veterans, LGBTQ+ people, and people with disabilities, or with small businesses.
The Ethics Code was designed by industry leaders. The ANA Marketing Ethics Code Steering Committee met over a six-month period, between May and December 2023, to help shape generally accepted principles of conduct for all media. The Ethics Code was then released for member input prior to publication. ANA says the code will be regularly reviewed and amended to address changing technologies, marketing practices, and legal requirements.
“Thanks to this framework, ANA members now have a one-stop resource to ensure they set and uphold industry best practices around ethical marketing,” Oswald said. “It is important for the industry to have this guide to best practices, which complements existing legal requirements and industry self-regulatory programs with new proactive steps that all companies should take.”
Download the ANA’s “Ethics Code of Marketing Best Practices” HERE.
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