From AI-generated content to immersive VR brand experiences, advertising is evolving faster than ever. New technologies are unlocking creative and unexpected ways to connect with consumers, but they also raise an important question: Do the advertising rules still apply?
In Australia, the answer is yes.
The advertising codes that Ad Standards assess ads under are all media-neutral. This means they apply to all ads regardless of their platform or production method. If it meets the definition of advertising, the rules apply.
What counts as an ad?
Under the AANA Code of Ethics, content is considered advertising if it’s:
- Broadcast, published, or organised by an advertiser,
- Under the reasonable control of an advertiser,
- Draws the attention of the public to promote or oppose something, and/or
- Is advertising to Australians.
This definition is designed to keep up with the ever-evolving industry. It captures everything from TV ads and printed flyers to influencer posts and branded filters, without the need for new rules every time a new platform or technology appears.
What exactly does media-neutral mean?
Media-neutral means the rules apply equally across all forms of media, both traditional and new. It’s not the platform or production method that matters, but the content and how it is perceived by the audience.
This approach ensures consistency and accountability, even as new ways to advertise emerge.
How does AI-generated content fit into the advertising rules?
There are currently no separate advertising rules specifically for AI-generated content, but that doesn’t mean it gets a pass. Marketers are fully responsible for how they use AI and need to make sure their use of AI doesn’t breach any of the existing rules.
AI-generated content, however, may be at higher risk in certain areas, such as promoting unrealistic body ideals, creating misleading impressions (especially about food or beverages, and environmental claims), and depicting harmful or inappropriate stereotypes.
Regardless, whether an image or scene is “real” or not, marketers are accountable for what their ad portrays. Irresponsible content – such as material that is violent, objectifying, or sexually inappropriate – will breach the rules, AI or not.
Marketers also need to ensure that their ads, including those served through algorithmic targeting, are appropriate for the audience who sees them. Even if AI was the one to suggest the placement of an ad, the responsibility for the content and its distribution remains solely with the advertiser.
Innovation doesn’t override responsibility
As platforms evolve, technologies emerge, and AI becomes further integrated into marketing, the nature of advertising will continue to change. But one thing remains constant: if it’s advertising, the rules apply. Media-neutral regulation ensures that innovation and responsibility go hand in hand.