Artificial intelligence is playing an increasing role in the advertising regulator’s enforcement strategy, writes SAM SLOAN
In today’s digital world where technology is embedded in almost every aspect of our lives, artificial intelligence (AI) has become commonplace, not just for businesses but also for the regulators that monitor business compliance.
One of the key regulators of the UK’s online landscape is the Advertising Standards Authority (ASA), the UK’s independent regulator of advertising, which is now harnessing a new AI tool to actively monitor online advertising.
Established in 1962, the ASA’s purpose was to protect consumers, ensuring that advertising adhered to the overarching principle that adverts be legal, decent, honest and truthful. Its purpose remains the same today, though its remit has expanded significantly in response to the proliferation of media channels; now regulating advertising across various media including paid-for online space, advertisers’ own websites, and social media.
Until relatively recently the ASA predominantly acted on public complaints to investigate ads and enforce its rules, but to comply with its remit that is not now sufficient on its own.
So, the ASA has invested in its data science capabilities, and since 2023 has been using an AI-based Active Ad Monitoring System which enables the capture of ads at scale, the ability to filter the monitoring of and target specific compliance issues, and assistance assessing and identifying areas that require action.
With the help of this system the ASA has been able to transform itself from being largely reactive to a preventative and proactive regulator, with 94% of the 33,903 ads against which enforcement action was taken last year, resulting from proactive use of its AI system, far exceeding its own initial expectations.
Areas of focus
Recent rulings upheld by the ASA not only demonstrate the success of the proactive AI system but also the breadth of its application across industries and media. For example:
- A cruise company’s website was found to give a misleading impression of the environmental impact of the advertised cruise ship.
- Ads for LED facemasks, which were placed on Meta and the advertiser’s website, were found to breach the CAP Code by making medicinal claims for an unauthorised product.
- A social media influencer’s TikTok post advertising alcohol products was found in breach of the CAP Code for featuring a person who was, or seemed to be, under 25 years old.
Many of these rulings have been identified by the ASA as part of wider projects focused on industries where the risk of consumer harm is greater. It has made clear that future application of its AI tool will prioritise monitoring adverts that are likely to affect vulnerable people, for example ads making health claims, ads for age-restricted products, and financial ads.
Insights for advertisers
If your business relies on advertising in whatever form, or media, you need to take notice of this development as the reach of the ASA is extensive. These are some initial thoughts.
- Expect higher levels of enforcement. The embedding of the ASA’s AI system into its monitoring and enforcement toolkit will enable it to review much larger volumes at a faster pace, so adverts are less likely to slip under the radar.
- The ASA has reported encouraging levels of compliance. Recent findings from a trial of using AI at scale, on nearly 6,000 alcohol ads, found that fewer than 4% appeared to be non-compliant, suggesting that the vast majority of advertisers are doing things right and don’t need to change their practices. Nonetheless:
- Businesses advertising to potentially vulnerable consumers should pay close attention to compliance. Mitigating consumer harm caused by ads remains a core commitment of the ASA. Advertisers of goods and services, particularly those which have a higher risk to consumer health and wellbeing, should look closely at their advertising practices.
- Horizon scan for changes to advertising regulations. As new advertising regulations come into force, the ASA may well apply its AI system to monitor compliance with those regulations from Day one. For example, new restrictions prohibiting paid-for online advertising of less healthy foods, come into force on 5 January 2026. The ASA will be paying close attention to the application of these restrictions by advertisers, particularly given their rooting in UK Government policy to tackle childhood obesity, which in turn is a core focus for the ASA.
Businesses that advertise to consumers are actively monitored and business owners cannot afford to ignore these changes in the ASA’s enforcement strategy. If you have any concerns about your business advertising practices, take advice.
Sam Sloan is a legal adviser at Vialex
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