Digital Asset Management

Marketers warned to disclose AI-generated content, ahead of new laws


Bynder’s Chief Legal Officer has released comments*, explaining why marketers should start disclosing AI-generated content now, and what new laws they may be impacted by.

Bynder, the global leader in digital asset management, uses generative AI in its software and hails the increasing importance of responsible and transparent use of AI-generated content.

James Peiser, Chief Legal Officer at Bynder has commented:

“More than half of marketers now use AI in their content production process, and AI’s capabilities are rapidly increasing. There’s nothing wrong with using AI in your content creation, in fact it allows marketers to focus on more creative and strategic tasks. However with an ever-changing landscape, it’s important to be up to date with evolving AI laws and best practices – starting with disclosing AI-generated content.”

What laws may impact marketers in the US in the near future?

“President Biden has issued an Executive Order on AI – the first US regulations which specifically focus on Artificial Intelligence. Businesses and employees who regularly use AI may be impacted in a variety of ways, and should familiarise themselves with the ‘fact sheet’ released on The White House’s official government website.”   

“In terms of generative AI, the White House expects to “develop guidance for content authentication and watermarking to clearly label AI-generated content” in order to protect Americans from potential fraud and deception via AI. This will be used by federal agencies so that Americans know government communications are authentic.”

“In terms of the private sector, the Executive Order anticipates that marking government communications as AI-Generated will ‘set an example for the private sector.’ Businesses may not be required to take any immediate action in terms of tagging AI-generated content following the Executive Order, but we can infer that the White House hopes private sector businesses will follow their example. Tagging AI-generated content is also something that the EU AI Act intends to implement, so it seems this is where regulations globally are heading.”

Other benefits of disclosing AI-generated content:

“As AI becomes even more accessible, consumers are becoming more aware of its presence and more sceptical about whether content that they consume is created by a human being or not. Disclosing your content as AI generated can help build trust in your brand, particularly as few competitors are likely doing so at this point – be a leader in this space.”

What should marketers do now? 

“Internally, marketing teams should begin to assess and discuss implementing internal processes to mark AI-generated content as this seems to be where we are heading. To really get ahead, marketers should consider beginning to tag AI-generated content already, where relevant.”

“There are many options when it comes to disclosing AI-generated content. As this is a relatively new concept, businesses can implement their own system for marking AI-generated content, such as selecting or creating a certain symbol used to signify this kind of content. Software, such as Content Workflow by Bynder, can also speed up the process of marking AI-generated content as you go, to avoid AI disclosure becoming an after-thought.”

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