As AI quickly advances and legislators struggle to keep up, it can feel like the Wild West when choosing whether and how to disclose the use of AI in advertising and other communications.
However, even though the number and scope of formal mandates under existing U.S. law that require advertisers to disclose the use of AI are limited, there are some restrictions and guidelines that advertisers must follow to ensure their compliance.
Most notably, some states have passed — and others are actively considering — legislation governing AI disclosures in certain specific circumstances. Social media platforms, including Meta (Facebook and Instagram), TikTok, YouTube and even Reddit, have also set their own rules surrounding the type of AI advertising content that requires disclosures and how those disclosures must be structured.