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The ASA has issued a judgment regarding the advertising of AI tools.
PixVideo – AI Video Maker’s paid YouTube ad featured a side-by-side comparison of “before” and “after” images of a young woman. The “before” image featured a red graffiti superimposed over the woman’s belly button that appeared to come from an animated cursor. In the “after” image, the area covered in red graffiti revealed the woman’s bare skin, including under her shorts. The text “Erase everything” was displayed at the bottom of the image. [heart-eyes
emoji]”.
The eight complainants, who believed the ad sexualized and objectified women, challenged it as irresponsible, offensive and harmful.
The company said its terms of service prohibit the creation of nudity or sexually explicit content, and that it has automated AI-based detection and blocking to prevent nudity or explicit images from being produced. It also said the app does not support undressing or creating nude images, nor is it designed to allow that. However, they accepted that this was a failure of creative execution and oversight, as the ad did not reflect those safeguards and restrictions, and that its wording and visuals risked implying uses that they did not support or authorize.
They said they had already removed advertising and voluntarily suspended all advertising across all media platforms in order to conduct a comprehensive internal audit and revise their marketing materials, and advertising has not resumed since. Alongside the ad withdrawal, the company is improving its ad review and approval process, including stricter creative guidelines, enhanced internal reviews, and mandatory compliance checks to ensure future ads do not imply, encourage or normalize harmful, sexual or non-consensual depictions.
Although the ASA understood that the app did not allow users to create nudity or sexually explicit content, it still considered that the ad reduced women to sexual objects by implying that viewers could digitally remove women’s clothing and expose their bodies. Additionally, the ad implied that viewers could use the app to remove women’s clothing, which they deemed condoning digitally altering and exposing women’s bodies without their consent. As a result, the charges were upheld.
AI-powered platforms that generate videos and images are an area of focus for all UK regulators (and the government), and there is particular concern that these technologies are used in ways that create or adapt sexual content based on real people who have not consented to their use, particularly where there is scope for these technologies to be used in ways that could cause serious harm or widespread office. We wrote about the government’s plans to bring AI tools within the scope of the Online Safety Act 2023.
The European Parliament has called for a ban on nudity tools as part of changes to the EU’s AI law in its digital omnibus proposal.
In general, whether you use humans or AI to generate marketing content, you need to ensure that your processes for checking and approving marketing content are generally robust. If you’re marketing a technology or AI product, we can help you avoid making claims that could be considered offensive or inappropriate.
The content of this article is intended to provide a general guide on the subject. You should seek professional advice regarding your particular situation.
