UK Trends and Developments Contributed by: Huw Morris, Dominic Bray, Nick Swimer and Rebecca Coleman, Lee & Thompson LLP
the EU and may indicate potential changes to the UK’s regulatory landscape. EmpCo will ban generic, unsubstantiated claims, such as “environmentally friendly” or “eco-friendly”, and will prohibit environmental claims that refer to an entire product when only part of the product fulfils the claim. It will be in force across the EU by September 2026. The Green Claims Directive will work alongside EmpCo to set clear guidelines for verifying and sub - stantiating environmental claims. Advertisers in the EU will need to substantiate claims, disclose them publicly, and clarify whether or not they rely on offsetting to support their environmental state - ments. ASA guidance on creative harm, representation and vulnerable groups in advertising The ASA’s strategic priority to provide protection to vulnerable groups is set to crystallise in 2026. New guidance, supported by ASA-commissioned research, is expected to be published early in 2026 and will seek to address harmful portrayals of elderly individuals, such as the use of stereotypes illustrating them as frail, lonely and with a lack of relevance, to show that such stereotypes do not reflect the lived reality of age - ing individuals. It also risks misleading impressions being formed, in addition to age discrimination. The ASA is expected to require advertisers to demonstrate a greater inclusivity towards vulnerable groups, ensur - ing the relevant content is respectful and authentic. Whilst the ASA has made previous rulings about age discrimination, enforcement is said to commence from July 2026. Advertisers should review any campaign content ahead of this, particularly in areas where age, disability or mental health are core themes, to avoid any complaints once the ASA begins enforcement. ASA continues to use AI for ad monitoring The ASA itself is set to continue to ramp up its use of its own AI-powered systems, called “Active Ad Moni - toring”, to identity non-compliant ads at scale. It uses its AI system to “identity and act against irresponsible online ads and to provide comprehensive reporting and compliance levels”.
The system captures ads online, uses machine learn - ing to flag potential non-compliance, and directs potentially problematic ads to human experts for review. In 2024, 94% of the 33,903 ads the ASA had amended or withdrawn came out of its use of its Active Ad Monitoring system, and this figure is expected to be maintained or rise for 2025 and 2026. 2026 will see a marked shift toward pre-emptive inter - ventions by the ASA, with its use of AI underpinning faster rulings, earlier interventions and broader market coverage. Cannes Lions introduces Global Integrity Standards From 2026, newly introduced “Global Integrity Stand - ards” will be implemented across Cannes Lions and associated awards. The move follows the high-profile rescission of the 2025 Creative Data Grand Prix after it was revealed that the winning entry, DM9’s “Efficient Way to Pay” campaign, had submitted a case film that included AI-manipulated content designed to mimic authentic news coverage and campaign outcomes. The Global Integrity Standards are partly informed by OECD AI Principles, Partnership on AI – Synthetic Media Guidelines, and the UNESCO AI Ethics Recom - mendation, and consist of the following. • Ownership and authorship: the business leader of the entrant company and the senior marketer from the commissioning brand must approve of the submission and declare that any case films, written submissions, data and claims are factually accurate, responsibly sourced, and representative of real-world events and outcomes. • Veracity of claims: a dual-layer verification system combining manual checks and AI-led analysis will interrogate the veracity of claims made by each entry. • Consequences of misrepresentation: entries may be disqualified or awards withdrawn at any stage if any “material misrepresentation” is found. Serious misconduct can result in bans from participating in the awards for up to three years.
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