Responsible AI in Marketing: applying the ICC Advertising and Marketing Communications Code

AI is reshaping how marketing and advertising is created and delivered, making appropriate governance increasingly important. Against that backdrop, on 20 March 2026, the International Chamber of Commerce (the “ICC”) published guidance on how its Advertising and Marketing Communications Code (the “Code”) applies to the use of AI in advertising and marketing. The guidance confirms that the Code’s existing principles apply equally where AI is used and provides checklists for organisations and marketers to apply those principles in practice. 

The issue has continued to attract regulatory attention since the guidance was published. As part of its recent ruling against Cablelinker Electronics Ltd on 1 July 2026, the ASA considered the use of AI-generated imagery in advertising and reinforced that marketers must ensure AI-created content does not mislead consumers, exaggerate product capabilities or rely on claims that cannot be properly substantiated. The key takeaways from the guidance set out below offer a useful framework for managing these risks in practice.

Key takeaways from the Guidance 

The Guidance is intended as a practical reference for a wide range of stakeholders across the marketing and advertising ecosystem, from brands, marketers, influencers and agencies to platforms, adtech providers, self-regulatory organisations and internal legal, compliance and public policy teams. With this background in mind, some of the key takeaways are set out below.

1. Content:  

The Code applies regardless of the technology or techniques used to create and deliver advertising. Whatever the medium, advertising must be “legal, decent, honest and truthful” (Article 1). 

2. Transparency: 

The Guidance makes clear that the use of generative AI output or AI systems in advertising does not, of itself, require disclosure. However, disclosure may be needed where it is necessary to avoid creating a misleading impression for consumers, including where consumers might otherwise believe that content, imagery or endorsements are genuine when they are not (Article 5). Marketers should therefore assess whether the use of AI could mislead the reasonable consumer, with particular care needed where advertising is directed at vulnerable audiences (such as children).

3. Responsibility:  

The use of AI does not absolve marketers of responsibility for their advertising (Article 24). Marketers are responsible for any generative AI output incorporated in their campaigns that has been created by algorithms or other AI instruments (Section 2). As the use of AI in marketing becomes more common, organisations should consider updating internal training and governance processes to ensure that individuals understand their direct responsibility regardless of the technology used.

The use of AI also does not displace the need to ensure that marketing communications remain compliant with applicable legal and regulatory requirements, including rules such as the CAP (Committee of Advertising Practice) and BCAP (Broadcast Committee of Advertising Practice) Advertising Codes.

4. Respect for self-regulatory decisions: 

When working with vendors on AI-related advertising, the Code encourages parties to include contractual obligations requiring compliance with relevant laws and self-regulatory rules, and respect for decisions made by the relevant self-regulatory body (Article 26). 

This is a useful reminder that organisations should ensure their contracts with AI vendors appropriately address compliance, governance and accountability issues. Burges Salmon has experience supporting clients in engaging with AI vendors and in negotiating contractual protections in this area.

5. Data-driven marketing: 

AI offers new ways to analyse and use data. Marketers using these capabilities should comply with Chapter C of the Code, particularly Articles C1 to C5 and C17 on notice and user control requirements and tracking. 

In practice, these issues are also likely to engage data protection obligations, including around transparency, lawful basis, profiling and governance, and organisations should ensure that any AI-enabled data-driven marketing remains aligned with relevant ICO guidance and applicable data protection law. For further information on the links between data and AI and recent trends, see our article on AI governance, automated decision-making and IP.

6. Consent to use the likeness of people: 

The Code’s existing rules on consent and misleading advertising are especially relevant where AI is used to generate or alter images, audio or video of real people. This type of use is becoming increasingly common. For example, see Nike’s 50th anniversary “Never Done Evolving” campaign, which featured tennis icon Serena Williams playing in a virtual tennis match against herself. 

Where identifiable individuals are depicted, their permission should typically be obtained, and any use must stay within the scope of that consent (Article 19). Alternatively, AI can be used to create entirely fictional individuals using commercially available tools. In these cases, marketers should consider whether the content could mislead consumers into thinking the person is real or genuinely endorsing a product, in which case, a disclaimer may be needed. 

Applying the Guidance in Practice

The above themes are reflected in the two practical checklists included in the Guidance, which are intended to help organisations apply the Code’s principles in day-to-day decision-making. 

1. The first checklist is aimed at organisations and focuses on governance around the use of AI tools, including oversight, internal accountability and due diligence. Link to checklist.

2. The second is aimed at marketers and focuses on reviewing individual AI-enabled marketing communications, including whether claims are properly substantiated, whether disclosure is needed, how data is used and whether consent is required. Link to checklist.

How Burges Salmon Can Help

As AI becomes embedded in advertising and marketing, the Code makes clear that the core standards do not change. The Guidance is a helpful reminder that responsible AI use is central to maintaining consumer trust through appropriate oversight, transparency and governance. Burges Salmon has significant experience advising organisations and marketers on advertising and marketing compliance and would be pleased to assist with any of the issues discussed in this article. 

For queries or advice on the content of this article, or general advice about advertising and marketing compliance, please contact Richard Hugo, Tom Whittaker or Abbie McGregor.  

This article was written by Fraser Campbell and Abbie McGregor.