ICC Statement on Using AI in Advertising and Marketing Communications

The International Chamber of Commerce (ICC) released a statement on the use of Artificial Intelligence (AI) in advertising and marketing communications. ICC’s position on AI will also be reflected in the upcoming 2024 launch of the revised ICC Advertising and Marketing Communications Code (“the ICC Code”). The ICC Code is a globally applicable, self-regulatory framework, developed by experts across all industry sectors worldwide.

The upcoming revised version of the ICC Code will reiterate and clearly address in the scope that marketers’ responsibilities do not change with the use of AI and marketing communications prepared or delivered using AI must meet the same standards as all marketing communications.

ICC states: the ICC Code covers all forms of commercial marketing communications and is media and technology neutral. It applies to all mediums and platforms including social media, mobile, virtual and marketing communications using AI, as well as new technologies that become available in the future. As such, it serves as a practical resource for practitioners developing and delivering marketing communications, including with the assistance of AI, algorithms, and other automated technologies. Marketers should ensure that the ICC Code is followed whether marketing communications are created, modified or delivered solely by humans or with the assistance of AI, whether in whole or in part. When employing such technologies, marketers must remain at the helm and continue to exercise due care and oversight to ensure that marketing communications are legal, decent, honest, truthful, and that data privacy policies are adhered to. Careful oversight should be in place to ensure that marketing communications do not incite or condone any form of discrimination. Marketers are also encouraged to be mindful of diversity and inclusion in advertising and seek to avoid stereotypes and objectification.”

For the full statement, please click here.

 

Marketing and Advertising

Trends and Challenges Facing Advertisers:

  • New regulations and policies at the national and global levels that threaten to restrict some types of advertising such as food and beverage marketing, social media, and marketing to children
  • New opportunities to extend self-regulation of marketing and advertising in key countries and regions

 

USCIB’s Response:

  • Advocate for multi-stakeholder initiatives and the central role of science- and evidence-based data in developing policy
  • Press for policies at the OECD that create the right incentives and collaborative environments to drive investment in innovation and technology
  • Advance voluntary consumer initiatives, responsible marketing, and healthy lifestyles

Magnifying Your Voice with USCIB:

  • USCIB is the only U.S. business association formally affiliated with the world’s three largest business organizations where we work with business leaders across the globe to extend our reach to influence policymakers in key international markets to American business
  • Build consensus with like-minded industry peers and participate in off-the-record briefings with policymakers both home and abroad.

USCIB on LinkedIn

Chair

Brent Sanders
Associate General Counsel
Microsoft Corporation

Vice Chair

Carla Michelotti
Marketing Consultant & International Advertising Association Vice President

Staff

Kira Yevtukhova 
Acting Director of Communications
202-617-3160 or kyevtukhova@uscib.org

 

USCIB Members Play Active Role on OECD’s Illicit Trade During COVID Panel

The OECD Task Force on Countering Illicit Trade hosted a webinar on April 23—”Illicit Trade at the Time of Crisis.” In advance of the webinar, USCIB worked closely with Business at OECD (known as BIAC) and the OECD Secretariat on developing a robust panel dedicated to the BIAC Anti-Illicit Trade Expert Group (AITEG) and the good work of the AITEG and USCIB on illicit trade in the COVID-19 crisis environment.

“As the U.S. affiliate for Business at OECD, USCIB has been working closely with BIAC on anti-illicit trade matters since the establishment of our Anti-Illicit Trade Committee (AITC) in 2018,” said Director for Customs and Trade Facilitation Megan Giblin.

In addition to statements by BIAC’s Anti-Illicit Trade Expert Group chair and vice chair, the panel was rounded out by USCIB member representatives; Pfizer’s Senior Director David Shore, who leads the Europe, Middle East and Africa regional Global Security Team, as well as Amazon’s Senior Public Policy Manager Chris Oldknow, who discussed counterfeiting and intellectual property in Europe and gave poignant remarks on Pfizer and Amazon’s, respective, efforts on illicit trade in the COVID environment.

Prior to the webinar, BIAC published a statement, “Illicit Trade in Context of COVID-19 and Future Pandemics,” which was widely shared with webinar participants and built off earlier contributions of the work of the OECD Task Force.

USCIB’s AITC is chaired by David Luna of Luna Global Networks and vice-chaired by Fernando Pena of DHL. Luna also chairs the recently elevated BIAC AITEG, which is vice-chaired by Alvise Giustiniani of PMI.

USCIB Congratulates Colombia on Formally Becoming OECD Member

Pictured from left: Iván Duque Márquez, President of the Republic of Colombia and Angel Gurría, Secretary-General of the OECD (Photo: OECD/Victor Tonelli)

The Organization for Economic Cooperation and Development (OECD) announced that Colombia has formally become an OECD Member as of April 28, 2020. Colombia is the 37th country to do so in the Organization’s near 60-year history.

According to the OECD, Colombia has now completed its domestic procedures for ratification of the OECD Convention and deposited its instrument of accession. This brings to a successful conclusion an accession process that began in 2013.

“Colombia is an important market for many companies, and we commend Colombia on successfully concluding this lengthy process and committing to the high standards of the OECD,” said USCIB Senior Director for Trade, Investment and Financial Services Eva Hampl. As the official voice representing U.S. business in this process, USCIB was actively involved in providing input into Colombia’s accession process via Business at OECD (BIAC), the official business voice at the OECD.

OECD Member countries formally invited Colombia to join the Organization in May 2018, following a five-year accession process during which it underwent in-depth reviews by twenty-three OECD Committees and introduced major reforms to align its legislation, policies and practices to OECD standards. These spanned the breadth of policy fields including labor issues, reform of the justice system, corporate governance of state-owned enterprises, anti-bribery, trade, and the establishment of a national policy on industrial chemicals and waste management.

Michener Shares USCIB’s COVID-19 Response with ICC Americas Group

At a recent virtual meeting of the ICC Americas group, USCIB Vice President for Product Policy and Innovation Mike Michener discussed USCIB’s response to the COVID-19 crisis, which first and foremost, is to continue important functions as the entire USCIB team works from home in the New York and Washington metro areas.

“We are still representing member interests in multilateral institutions while highlighting individual company responses in tandem with international organizations, and featuring the important work of global affiliates such as International Chamber of Commerce (ICC), as well as the International Organization of Employers (IOE) and Business at OECD (known as BIAC),” said Michener.

According to Michener, USCIB is also flexing its institutional muscle as a thought leader in the nexus between business and the multilateral system, publishing op-eds and press releases, and promoting partnerships with international organizations through its new venture Business Partners for Sustainable Development (BPSD).

Michener outlined how USCIB is fulfilling its function in representing member interests through virtual events; all committee meetings have been converted into a virtual format and USCIB continues to engage with global partners on events, such as the one held on April 29 with the UN Department for Economic and Social Affairs on SDG 17 & Public-Private Partnerships: COVID-19 Response & Recovery in the Framework of the 2030 Agenda.

“We are proud to share the work being done related to COVID-19 across the world by our global network of affiliates on our web page, in particular focusing on ICC’s partnership with the World Health Organization (WHO), the ICC campaign to Save our MSMEs and ICC actions via the G20,” added Michener.

USCIB continues to spotlight what member companies are doing to address the COVID-19 crisis; featured companies include ExxonMobil, Qualcomm, Procter & Gamble, Nike, SAP, Google, Amazon, Apple, CenturyLink, IBM, AT&T, Pfizer, Hewlett-Packard, Intel, Mastercard, Salesforce, Microsoft and HanesBrand, with additional spotlights in the pipeline.

More information can be found on this web page: Ensuring Business Continuity During COVID-19

USCIB Opposes Proposed Rule on ICT-Related Transactions 

USCIB joined a coalition of over thirty other associations to send a letter to U.S. Secretary of Commerce Wilbur Ross regarding a proposed rule to implement an Executive Order on Securing the Information and Communications Technology and Services (ICTS) Supply Chain. This rule would provide the U.S. government with the authority to block, intervene in and unwind certain ICTS-related transactions on the grounds of national security.

The letter stated: “Our members share the Administration’s commitment to ensuring that ICTS transactions do not pose undue risks to national security. However, we view the proposed rule as vague and highly problematic because as written, it would provide the Department with nearly unlimited authority to intervene in virtually any commercial transaction between U.S. companies and their foreign counterparts that involves technology, with little to no due process, accountability, transparency, or coordination with other government programs that are also designed to protect national security.”

According to the letter, the proposed rule does not provide sufficient legal clarity to American companies to identify transactions that could be in scope, which would create significant uncertainty in the business community, disrupt global supply chains and make a range of trade and investment decisions very difficult. Under the proposed rule, companies may also bear higher costs as they alter long-standing business relationships, search for new suppliers and unwind transactions, which will harm U.S. competitiveness and technology leadership.

“An open investment climate with predictable rules is vital to economic growth and development,” said Eva Hampl, senior director of investment, trade and financial services at USCIB. “While national security concerns should be a consideration, virtually unlimited government authority to intervene in transactions could cause significant economic harm to U.S. businesses and consumers.”

USCIB Joint Meeting of Food & Agriculture, Marketing & Advertising, Healthcare Working Groups

USCIB’s committees on Food and Agriculture, Health Care, and Marketing and Advertising will meet on Tuesday, March 26th from 10:00 – 11:00 AM EST

Location:

USCIB Office in Washington, D.C.

1400 K Street NW

Suite 525

USCIB will be using this opportunity to discuss the new WHO policies on advertising to children and more. A complete agenda and information on a guest speaker will be circulated shortly. If you are interested in participating, please contact: Ashley Harrington (aharrington@uscib.org).

Mixed Messages at Recent Meetings on Global ICT Policy

Barbara Wanner, was present at both events, alongside USCIB members, joining global business colleagues under the aegis of ICC-BASIS at the IGF and as part of the Business at OECD (BIAC) delegation to CDEP.
The two meetings could not have provided more different messages about the challenges and opportunities of digital transformation of the economy and how to address them.

 

The 13th Internet Governance Forum (IGF) and meetings of the OECD Committee on Digital Economy Policy (CDEP) and its Working Parties met in Paris, France the week of November 12. According to Barbara Wanner, who leads USCIB’s work on ICT policy, the two meetings could not have provided more different messages about the challenges and opportunities of digital transformation of the economy and how to address them.

French President Emmanuel Macron, who opened the three-day IGF on November 12 at UNESCO, depicted a digital economy fraught with danger from cyber-attacks, the proliferation of hate speech, and anti-democratic forces requiring development of a “better model” featuring regulation of the Internet and its actors. The OECD CDEP, in contrast, proceeded in a workman-like, measured manner to move its Going Digital Project toward completion as well as advance work on Artificial Intelligence (AI). Going Digital (GD) is an ambitious horizontal endeavor involving 14 OECD committees that takes a largely evidence-based and holistic approach to considering both the economic and societal benefits and the challenges of the evolving digital ecosystem.

Wanner, was present at both events, alongside USCIB members, joining global business colleagues under the aegis of ICC-BASIS at the IGF and as part of the Business at OECD (BIAC) delegation to CDEP.

“Our messages, as IGF workshop speakers and BIAC interveners, generally emphasized the commercial and developmental benefits that can be realized through the creation of a pro-innovation policy environment, the effectiveness of business-informed, risk-based approaches to privacy and security, and the importance of the multistakeholder model in considering the complexity of digital economy issues,” noted Wanner.

According to Wanner, by the week’s close, members agreed that the “watershed” moment at the IGF created by President Macron’s remarks will require further internal discussion about what business wants and needs from the IGF and strategies to tackle likely new challenges at the United Nation’s General Assembly and other multilateral organizations. Concerning CDEP’s leadership of the Going Digital Project, members generally were encouraged that the final product – to be issued at a special forum on March 11-12, 2019 – would reflect business inputs and provide a practical guide to tap the potential of digital transformation.

ICC Releases New Code of Conduct for Global Marketing Industry

L-R: Carla Michelotti (International Advertising Association), Sheila Millar (Keller & Heckman), Lee Peeler (National Advertising Division)
Launched September 25 at a conference in New York, the new edition of the flagship ICC Marketing Code raises consumer protection standards around the world and expands rules in the digital realm.

The International Chamber of Commerce (ICC) has released the tenth revision of its flagship Advertising and Marketing Communications Code – a globally applicable self-regulatory framework developed by experts from all industry sectors worldwide. The ICC Marketing Code was launched on September 25 during the National Advertising Division’s 2018 Annual Conference in New York. ICC is the world’s largest business organisation, representing over 45 million companies and more than one billion employees. USCIB serves as ICC’s exclusive American national committee.

Underpinning self-regulatory frameworks in 42 countries, the ICC Marketing Code seeks to protect consumers by clearly setting out the “dos and don’ts” for responsible marketing to ensure legal, honest, decent and truthful communications and practices. This new revision ensures that the ICC Marketing Code takes into account emerging digital marketing and advertising practices, such as artificial intelligence-enabled marketing, market influencers, vloggers and data analytics.

“ICC’s global membership ensures that there is a worldwide consensus on Marketing and Advertising issues, and a unified voice when business speaks to the UN and to national governments,” said Carla Michelotti, vice president of the International Advertising Association and the vice chair of USCIB’s Marketing and Advertising Committee.

Sheila Millar, partner with Keller & Heckman and vice chair of the ICC Marketing and Advertising Commission, who joined Michelotti in unveiling the revised code, added: “The goal was to make sure that the ICC Code remains relevant to the marketplace of today, including modern technologies and marketing practices. We wanted to make it future-proof.”

The tenth revision of the ICC Marketing Code includes:

  • Enhanced guidance on distinguishing marketing communications content from true editorial and user generated content
  • Expanded coverage of the rules to include emerging digital mediums and participants
  • Consolidated rules on direct marketing and digital marketing communications
  • Updated terminology and guidance on the applicability of mobile phones and cross-devices to location-based advertising and interest-based advertising
  • Clarified rules on advertising to children and teens

“The digital transformation of marketing and advertising underscores the critical importance of trust between consumers and companies,” said ICC Secretary General John Denton. “The ICC Marketing Code sets the gold standard for ethical advertising that will help ensure consumer trust in the years to come.”

Brent Sanders, assistant general counsel at Microsoft and chair of the ICC Commission on Marketing and Advertising (as well as USCIB’s Marketing and Advertising Committee), agreed and noted: “The ICC Marketing Code has served as the inspiration for self-regulatory codes and as a building block for self-regulatory structures around the world. By ensuring advertising is honest, transparent and decent, these systems build consumer trust and provide quick and easy redress when transgressions occur.”

A Spanish-language edition of the newly-revised ICC Marketing Code will be launched in Cartagena, Colombia – and accessible globally online – on October 2.

The ICC Commission on Marketing and Advertising examines major marketing and advertising related policy issues of interest to world business and brings together top experts on self-regulation and ethical best practices in advertising and marketing communications. ICC has been the major rule-setter in international advertising self-regulation since 1937, when the Commission issued its first Marketing Code – one of the most successful examples of business self-regulation ever developed.

ICC Marketing & Advertising Commission

Cartagena, Colombia

ICC provides guidance on the ever-changing landscape of modern marketing and advertising marketing and advertising issues, promoting effective self-regulation that is harmonized to best practice around the world.

From principles for regulation of responsible marketing related to children to checklists for marketers and their agencies to evaluate environment claims, ICC continues to promote the benefits of self-regulation as a means to secure consumer trust and preserve a dynamic marketplace where innovation flourishes.

The Consolidated ICC Code of Advertising and Marketing Communication Practice is the gold standard for self-regulation. Since its introduction in 1937, it has served as the cornerstone for the codes of most self-regulatory systems in existence today.

Self-regulatory systems with rules based on the ICC Code are operating in over 35 countries, across six continents.

In addition to the common foundation they provide, the value of the ICC codes is in their flexibility to apply to local law and culture while being regularly updated and adapted to address new practice and technology developments.