ASC Circular 2026-014–Guidlines on the Use of Artificial Intelligence in Advertising

I. PURPOSE

This Circular is issued to provide guidance on the responsible use of Artificial Intelligence (AI) in the creation, production, development, or dissemination of advertising materials.

It recognizes the increasing use of AI as a tool in advertising, and seeks to encourage responsible innovation while ensuring that advertisements remain truthful, transparent, and compliant with

existing laws, rules, regulations, and applicable advertising standards of the ASC.

II. SCOPE

This Circular shall apply to advertisers, creative agencies, production companies, media agencies, digital platforms, and all other persons or entities involved in the creation, production, publication, or dissemination of advertising materials that utilize AI, whether in whole or in part.

III. USE OF ARTIFICIAL INTELLIGENCE IN ADVERTISING MATERIALS

The use of AI may include, but is not limited to, the generation, creation, enhancement, modification, or manipulation of text, images, graphics, audio, video, animation, voice, or other advertising

content, as well as the use of AI-assisted tools in the development, production, or post-production of advertising materials.

The use of AI, by itself, shall not render an advertisement misleading, deceptive, or otherwise noncompliant with applicable laws, rules, regulations, or advertising standards.

However, the use of AI shall not exempt an advertiser, advertising agency, or any other responsible party from compliance with all pertinent laws, rules, regulations, and applicable advertising standards governing the content and dissemination of advertisements.

IV. TRANSPARENCY AND DISCLOSURE

In the interest of transparency, advertisements that contain content created, generated, or materially enhanced through the use of Artificial Intelligence (AI), whether in whole or in part, shall include a clear and reasonably conspicuous disclosure informing the audience that AI was used in the creation of the advertisement or of any material portion thereof.

Such disclosure may use the words “AI-generated,” “AI-assisted,” “Created with AI,” “Contains AIgenerated content,” or words of similar import that clearly communicate the use of AI to the audience.

The disclosure shall be presented in a manner that is reasonably noticeable, legible, and appropriate to the format of the advertisement whether in font size or as seen against a background.

The disclosure requirement under this Circular is intended, solely, to promote transparency regarding the use of AI and shall not, by itself, be construed as an indication that the advertisement is misleading, deceptive, or otherwise non-compliant with applicable laws or advertising standards.

Where existing laws, rules, or regulations require additional disclosures, authorizations, or consents arising from the use of AI, advertisers shall likewise comply with such requirements. These include, but are not limited to:

• Protection of minors. Compliance with laws, rules, regulations, or guidelines governing the participation, representation, or portrayal of minor-aged talents in advertising;
• Use or depiction of identifiable persons. Situations where AI-generated images, videos, audio, voices, or other content depict, closely resemble, or are likely to be mistaken for an identifiable real person, including public figures or celebrities, in a manner that may implicate rights of publicity, personality rights, privacy rights, or otherwise require the person’s consent
• under applicable law;
• Intellectual property rights. Compliance with applicable laws relating to copyright, trademarks, patents, industrial designs, and other proprietary rights;
• Use of buildings or other protected structures. Compliance with applicable rights, licenses, permissions, or agreements governing the use or depiction of buildings, structures, artworks, or other protected properties; and
• Other legal requirements. Any other circumstance where disclosure, consent, authorization, or other compliance obligations are expressly required under applicable laws, rules, or regulations.

V. RESPONSIBILITY OF THE ADVERTISER

Advertisers and other responsible parties shall exercise appropriate human oversight and professional judgment in the use of AI in advertising.

They shall ensure that AI-assisted or AI-generated advertising materials are accurate, substantiated where required, and compliant with all pertinent laws, rules, regulations, and applicable advertising standards of the ASC.

Advertisers remain fully responsible for all claims, representations, depictions, endorsements, and other content appearing in advertisements, regardless of whether such content was created by humans, AI, or a combination of both.

Reliance on AI shall not excuse or mitigate any violation of applicable laws, rules, regulations, or advertising standards.

VI. COMPLIANCE WITH EXISTING LAWS AND REGULATIONS

This Circular shall be read in conjunction with, and shall not limit, amend, or supersede, existing laws, rules, regulations, and applicable advertising standards governing the content, production, and dissemination of advertisements.

Where an AI-generated or AI-assisted advertisement falls within an activity or circumstance already regulated by existing law, the applicable legal requirements shall continue to govern, regardless of whether AI was used in the creation or production of the advertisement.

VII. RESOLUTION OF COMPLAINTS

In the event of a complaint filed with the ASC arising from the alleged misuse or unlawful use of AIgenerated or AI-assisted text, graphics, images, audio, video, voice, or other advertising content, the ASC may require the advertiser, advertising agency, or other responsible party to address or resolve the matter with the complainant, without prejudice to any action that the ASC may take under its existing rules and procedures.

Nothing in this Circular shall preclude the ASC from issuing a Cease and Desist Order (CDO) or taking such other action as may be warranted under its rules where sufficient grounds exist.

VIII. EFFECTIVITY

This Circular shall take effect on 21 September 2026.

All concerned parties are hereby enjoined to observe and comply with the provisions of this Circular.