Anisimoff Legal is honoured to be the Australian member of AdLaw International, the global network of advertising law specialist firms. Each year AdLaw’s members meet for the AdLaw International Annual Conference, with different members presenting on pressing legal issues in their market, region, or globally.  This year, the increasing prevalence of influencer marketing risks, and the rise of artificial intelligence in the communications industry were hot topics, as detailed in this report by AdLaw International Chairman Christoph Kolonko.

The Adlaw Conference held in Rio De Janeiro on October 6 provided a comprehensive exploration of two crucial facets of advertising law: the evolving role of influencers in social media and the increasing integration of artificial intelligence (AI). The event commenced with insights from Adlaw members representing Turkey and Germany, shedding light on the latest developments in influencer marketing within these jurisdictions.

Divergent regulatory approaches were discussed, highlighting specific guidelines in Turkey for social media influencers, emphasizing strict rules for advertising identification and marking. The contrast was evident in Germany, where regulations relied on sector-specific laws, resulting in court decisions shaping the landscape. The discussion encompassed issues such as the adequacy of labeling, consideration for posts without direct compensation, and recent amendments to the German Unfair Competition Act.

 The conference’s second segment delved into the realm of AI in advertising, featuring examples of AI-generated commercials, including a thought-provoking case where AI recreated a deceased singer for a Volkswagen advertisement. Legal implications of AI in advertising were explored, posing questions about copyright protection and suggesting potential legislative changes. The forthcoming EU AI Act, currently under debate, was highlighted as a regulatory framework for AI use in the European Union.

The concluding presentation centered on the learning capabilities of AI robots, offering a vivid narrative on the unpredictable outcomes of AI training. The conference underscored the profound impact of AI on advertising, prompting intriguing legal questions and emphasizing the crucial role of legal guidance to ensure both the protection of advertising creators and ethical compliance in the industry. The event concluded with a lively discussion and captivating exchange of ideas among the participating experts in advertising law.

The complete report by Christoph Kolonko, ADLAW INTERNATIONAL, is available here.