Thursday, September 21, 2023

Why the advertising industry needs to regulate AI


Margolin also noted, however, that when it comes to intellectual property smaller players may be hurt. As long as there are no changes to Section 230, that grants social-media platforms broad “safe-harbor” protections against legal liability for any content users post on their platforms—we can expect “the growing army of creators on TikTok to go wild with generative AI innovation,” he noted.

“That’s certainly making the TV and movie businesses anxious, and it will likely continue to amplify a growing question for the advertising business: What’s content, what’s an ad and how do we regulate the distinction at scale?” he said.

Regulatory challenges

Brian Yamada, chief innovation officer at VMLY&R, acknowledged the challenge that such a regulatory board would face at this point in time.

Brian Yamada, VML&R
Brian Yamada, VMLY&R

“I don’t know how the legislators have a chance,” he said. “I don’t know how someone who’s not in the space can keep up at all. It’s changing rapidly and we haven’t gotten basic data privacy fully figured out.”

Yamada added that he hopes  at some point, that consumer AI interests are protected, and that no one can use anyone’s likeness—image, voice, video—without consent.

“That’s not just a right that talent needs to have; it should be for all,” he said. “And we need to have basic transparency of AI applications and fully generated outputs to help users understand when they are interacting with AI, and when something is fully generative to clarify what’s real versus what’s created.”

Anne Thomason, Barkley
Anne Thomason,
Barkley

The future of AI regulation remains uncertain, but it likely won’t be simple, nor easy to implement.

“If history is any indication, it will be a circus at first probably, followed by a push for militant over-correction,” said Anne Thomason, senior VP of business affairs at Barkley. “Hopefully, we’ll arrive at a happy medium of protecting intellectual property rights as well as an individual’s right to publicity and the potential to monetize that. Ideally, we keep researching and evolving with the regulations as we learn more.”

Thomason said a number of questions remain to be answered: How much human involvement is needed for a work to be protected by copyright. Will that change over time? What is fair compensation for an “AI you”?

“We need parameters in place to ensure that no entity profits more from using person’s likeness and voice than that person themselves,” she said.

John Higgins, OS Studios
John Higgins,
OS Studios

Over time and with the right structure in place, the AI landscape could become more ethically navigable, according to John Higgins, CEO and chief creative officer of OS Studios.

“Film ratings guide our movie choices, and theme park height restrictions ensure safety; both demonstrate the importance of human intervention and judgment,” he said. “In marketing, as AI’s influence grows, similar checks are vital. It’s likely that soon, AI regulations will echo the familiar structures of copyright and industry ethics. In essence, merging advanced AI with core marketing ethics is the roadmap for the industry’s future.”

The vital human element

In the realm of artificial intelligence, one fact remains clear: AI outputs are only as effective, accurate and considerate as the human inputs that drive them. For the ad industry to continue scaling its use, human oversight remains a critical component.

Summer Burton, Praytell
Summer Burton,
Praytell

“The good news for agencies is that more AI actually might mean more humans,” said Summer Burton, creative director at Praytell. “And rightfully so, as it’s clear that as AI has become more prevalent in our everyday lives. The need for human expertise has become more evident, not less. Whether it’s viewing AI output through the lens of diversity, equity and inclusion, or simply ensuring the tone of voice is relevant to the target advertising or marketing audience, there will always be a need for a human touch.”

Burton underlined the risk of bias inherited from those working on tools such as OpenAI, IBM Watson and Caffe, emphasizing the importance of a diverse and inclusive perspective.

“The biggest issues we encounter with AI tools are reproductions of bias, cultural stereotypes and cultural insensitivity,” she said. “While there are plenty of areas where federal regulation is needed, we believe it is especially important for the ad industry to self-regulate in the short term by applying an incisive DE&I lens to work with AI. Following and supporting groups such as the Algorithmic Justice League who are at the front lines of this work, is a good place to start.”

Scott Madden, Connelly Partners
Scott Madden,
Connelly Partners

In order for the AI tools to evolve toward greater DE&I, humans will play a pivotal role in continuing to do that work in the real world, according to Scott Madden, chief strategy officer at Connelly Partners.

“Savvy use of AI will forever depend on the evolved learning of the humans who feed AI its inputs,” he said.  “One needs to look no further than advertising’s love affair with data analytics for a historical parallel that validates the need to guide the power of AI with human oversight.”



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