International Chamber of Commerce publishes guidance on 'responsible AI in marketing'

The question

What does the ICC's new guide on responsible AI in marketing mean for the ever-growing use of AI in advertising and marketing?

The key takeaway

Marketers remain responsible for ensuring that AI‑generated or AI‑assisted campaigns are legal, decent, honest and truthful, and should adopt clear governance, oversight and transparency measures, particularly where vulnerable audiences are the target viewers of advertising.

The background

The ICC promotes high standards of business ethics through codes and guidance on responsible marketing and advertising communications. One of their landmark achievements is the Advertising and Marketing Communications Code (ICC Code) which provides practical guidance to various advertising industry stakeholders by setting out general principles that govern all types of marketing communications. As the ICC Code represents the global gold standard blueprint for responsible marketing, businesses who comply with it can feel confident that their advertising is unlikely to fall foul of applicable local advertising rules and regulations.

In 2024, the ICC issued a statement on AI in advertising, reminding advertisers that it is their responsibility to ensure that all their communications are legal, decent, honest and truthful regardless of the technology used. The 11th edition of the ICC Code incorporated updates which address the use of AI in marketing and advertising.

The development

Further to the 2024 statement and the 11th edition of the ICC Code, the ICC has recently published a new guide: "Responsible AI in marketing, How to apply the ICC Advertising and Marketing Communications Code Guide" (AI Guide).  The AI Guide aims to support marketers specifically where questions arise on how to apply the ICC Code in circumstances where AI is being integrated into the ad creation and delivery process.  The guide includes both a breakdown of the ways the ICC Code applies to AI and two checklists that marketers can follow when deciding to use, and then using, AI in advertising and marketing.

The AI Guide stresses that AI does not sit outside existing rules: all AI‑generated or AI‑optimised marketing must still be legal, decent, honest and truthful, and will be judged on the “net impression” on the reasonable consumer. It also highlights: the continuing responsibilities for marketers and those supplying AI tools; transparency where needed to avoid misleading audiences; and care around data use and AI‑generated likenesses. The AI Guide confirms that because marketing communications should be legal, decent, honest and truthful, there could be circumstances where AI usage should be disclosed in order to counter any potentially misleading impression.

There are also two handy checklists in the AI Guide:

• one for organisations deciding whether to deploy AI tools in marketing (covering governance, tool approval, data integrity and oversight); and
• the other for marketers using AI in advertising and marketing (covering compliance, claim verification, transparency, vulnerable audiences, third‑party rights and brand trust).

Why is this important?

The dedicated AI Guide is important because, whilst the ICC Code provides the "why" (the values and principles all advertising must uphold), the AI Guide provides the "how" in a context where technology has fundamentally altered who creates advertising content, how it is targeted, and how accountability is exercised. In this sense the ICC Code and the AI Guide are complementary rather than overlapping.

Any practical tips?

Conduct a gap analysis: Businesses using generative AI tools in advertising should map their existing policies, workflows and governance frameworks against the AI Guide's requirements. This will help identify where current practice falls short and prioritise remediation before regulators or industry bodies begin to scrutinise AI advertising practices more formally.

Establish internal accountability for AI-generated content: Given the novel responsibility gaps that AI creates in the advertising supply chain, businesses should designate clear ownership for AI-generated advertising output - including human review and sign-off processes before publication - and document those processes (particularly where AI tools are used to generate copy or imagery at scale).

Build a labelling and disclosure framework: Businesses should develop and test consumer-facing disclosure practices for AI-generated content, including any labelling or watermarking requirements. Getting ahead of emerging norms on transparency will reduce the risk of having to retrofit disclosure obligations later as regulatory expectations harden.

Review data governance for AI-driven targeting: Any use of AI for audience targeting or personalisation should be assessed against applicable data protection obligations, including UK GDPR requirements on profiling and automated decision-making. Businesses should ensure that privacy impact assessments and legitimate interest assessments are updated to reflect AI-specific data flows and risks.

Implement heightened safeguards for vulnerable audiences: Where AI tools are used to target or personalise advertising directed at children or other vulnerable groups, businesses should apply enhanced due diligence - including testing targeting parameters, reviewing training data for bias, and ensuring that AI-driven optimisation cannot circumvent age-restriction controls.

Summer 2026