OUTDOOR ADVERTISING AND AI
Zakikhan Hasanzade
Junior Associate at CWB Limited | Master of Laws (LLM) at Xian Jiaotong University
In our previous article, we delved into the fundamental principles and legal frameworks surrounding the integration of artificial intelligence in advertising. Exploring the realm of neurotechnologies in this context, we uncovered various methodologies employed. Moreover, we navigated through the diverse spectrum of opinions prevalent in the literature. While some proponents advocate for the invaluable insights into human behavior facilitated by such technologies, others critique their usage, drawing a line between humans and mere animals. This latter group often highlights ethical concerns, contending that such practices contradict fundamental values and may not align with legal statutes. Nevertheless, within the literature, numerous authors oppose such a legal approach. They endeavor to validate their utilization of these devices by presenting favorable instances linked to their application in criminal, civil, and other proceedings. However, as underscored in our preceding article, no case should serve as grounds for curtailing an individual's personal rights in this manner. For those curious about the connection between this issue and advertising and artificial intelligence, I urge you to consult my prior post, as this current installment is a direct continuation.
The pervasive integration of artificial intelligence is unmistakably evident in the realm of advertising. Its adoption is increasingly favored owing to its user-friendly nature and notably superior creative prowess compared to that of a conventional human. In outdoor advertising, there's a noticeable shift towards innovative methods coupled with modern applications, offering efficient solutions for both advertising agencies and publishers, satisfying their needs. Particularly, agencies employing 'Guerilla Marketing' techniques are seeking low-cost applications, where the power of digital designs and creativity frequently shines through such marketing approaches. Moreover, these advertisements can effectively engage the target audience. The rise in the number of firms renting ad space contributes to competitive capacity through innovative methods, enabled by frequent advertisements in suitable conditions. To continually provide opportunities for new ideas and meet the demands of the digital age, close attention must be paid to digital technology, and advertising solutions must be made accessible to artists or designers striving for self-improvement.
As a result of its ability to utilize cheaper labor and require less funding, advertisements created through artificial intelligence have begun to be deployed in outdoor spaces, much like traditional advertisements. Naturally, this development has sparked discussions. In standard situations, regulations regarding outdoor advertising permissions are clearly outlined in legislation. For instance, in the Republic of Azerbaijan, the law on advertising specifies that "control in the realm of outdoor advertising is overseen by an institution established by the relevant executive authority." Here, the emphasis lies on the implementation of regulations in the advertising sector, considering the public interest. Moreover, when it comes to advertisements in open spaces, the responsibility for regulating such affairs falls upon the relevant executive body. Permits required for such advertisements are dictated by the guidelines governing ad placement in open spaces and the enforcement of control in this domain.
However, does the regulation of online outdoor advertising facilitated by artificial intelligence abide by these same rules? To address this, let's delve into the fundamental principles outlined in the regulations. According to these guidelines, outdoor advertising encompasses promotions displayed directly or through carriers on various outdoor surfaces such as land areas, building facades (including walls and fences), installations, roofs, doors, windows, showcases, and outdoor equipment like highway parking lots and underpasses. It also extends to unconventional mediums like balloons, aerostats, and airships. A crucial aspect is the requirement for physical placement on buildings and structures, emphasizing a tangible presence. This criterion primarily serves the interests of public welfare and also benefits entrepreneurs through orderly regulation. But does outdoor advertising generated by artificial intelligence fall within the purview of these regulations? To delve into the realm of outdoor advertising in the context of artificial intelligence, it's crucial to understand the concept itself. Outdoor advertising with AI involves leveraging artificial intelligence technologies to enhance, target, and evaluate the effectiveness of advertisements displayed in outdoor settings. Typically, this entails capturing video, graphic images, or other content in an open environment, which is then utilized online to deploy AI-driven ads. These advertisements often take the form of 3D visuals, rendering them with a realistic effect. However, the distinction arises when considering whether these ads are genuinely implemented in outdoor spaces or if they retain their online elements. This raises the question of whether they can be categorized as outdoor advertising or not. Previously, we discussed outdoor advertisements, but those generated by artificial intelligence extend beyond this realm. Let's consider the legal framework in another country. In the Republic of Turkey, a fine of 12,231,507 Turkish Lira was imposed for advertisements created by artificial intelligence. Out of 138 cases, 120 were found to be in violation of regulations, resulting in penalties including suspension of the said advertising and commercial applications. However, such advertisements are increasingly prevalent, particularly on social media platforms, where traditional commercial advertising of alcoholic beverages is prohibited. In this context, it was discovered that an alcoholic beverage, whose advertising is prohibited, was being promoted through the use of slogans associated with the product, without directly featuring the product name or image in the decor. The content was designed in a conversational format, and as a result, administrative sanctions were imposed on these covert advertisements. Additionally, administrative sanctions were issued by the Advertising Board during this month's board meeting, targeting ranking results that manipulate consumer perception. This decision was made because the advertising content related to the ranking results failed to meet the criteria of being clear and understandable in a manner that could potentially exploit the perception of the average consumer. However, it's worth noting the absence of any reference to open advertisements generated by artificial intelligence. Additionally, there's no mention of artificial intelligence in the regulations set forth by the Istanbul Metropolitan Municipality, specifically in the ADVERTISING, PROMOTION, AND PROMOTION REGULATION. The stated purpose of these regulations is to oversee advertising, announcements, promotional activities, and similar endeavors within the boundaries of Istanbul Province. They aim to enhance urban aesthetics by addressing the visual clutter caused by such activities and establishing guidelines for individuals, entities, and public institutions involved in these practices. The focus on image pollution and urban aesthetics primarily pertains to visual advertisements, aligning with similar legislation in the Republic of Azerbaijan. However, neither set of regulations covers issues related to AI outdoor advertising or AI-generated outdoor advertisements.
In conclusion, the integration of artificial intelligence (AI) into outdoor advertising is a burgeoning trend, offering innovative solutions and opportunities for advertisers and marketers. While traditional regulations govern outdoor advertising, there's a notable absence of specific guidelines addressing AI-generated advertisements in many jurisdictions. This gap in regulation raises important questions about the classification, oversight, and ethical implications of AI-driven outdoor advertising.
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The use of AI in outdoor advertising presents unique challenges and opportunities, from enhancing creativity and targeting capabilities to raising concerns about privacy, transparency, and regulatory compliance. As AI technology continues to advance and its applications in advertising evolve, policymakers, regulators, and industry stakeholders must collaborate to develop clear and comprehensive frameworks that address these complexities.
Moreover, as demonstrated by recent cases involving AI-generated advertisements, there's a pressing need for increased vigilance and enforcement to ensure compliance with existing regulations and ethical standards. This includes monitoring online platforms where AI-driven advertisements may circumvent traditional advertising restrictions and exploit consumer perceptions.
In navigating the intersection of outdoor advertising and AI, it is imperative to balance innovation and consumer protection while upholding the integrity and fairness of advertising practices. By addressing these challenges proactively and collaboratively, we can foster a regulatory environment that supports responsible and effective AI-driven advertising in outdoor spaces.
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