ICC Statement on Using AI in Advertising and Marketing Communications

The International Chamber of Commerce (ICC) released a statement on the use of Artificial Intelligence (AI) in advertising and marketing communications. ICC’s position on AI will also be reflected in the upcoming 2024 launch of the revised ICC Advertising and Marketing Communications Code (“the ICC Code”). The ICC Code is a globally applicable, self-regulatory framework, developed by experts across all industry sectors worldwide.

The upcoming revised version of the ICC Code will reiterate and clearly address in the scope that marketers’ responsibilities do not change with the use of AI and marketing communications prepared or delivered using AI must meet the same standards as all marketing communications.

ICC states: the ICC Code covers all forms of commercial marketing communications and is media and technology neutral. It applies to all mediums and platforms including social media, mobile, virtual and marketing communications using AI, as well as new technologies that become available in the future. As such, it serves as a practical resource for practitioners developing and delivering marketing communications, including with the assistance of AI, algorithms, and other automated technologies. Marketers should ensure that the ICC Code is followed whether marketing communications are created, modified or delivered solely by humans or with the assistance of AI, whether in whole or in part. When employing such technologies, marketers must remain at the helm and continue to exercise due care and oversight to ensure that marketing communications are legal, decent, honest, truthful, and that data privacy policies are adhered to. Careful oversight should be in place to ensure that marketing communications do not incite or condone any form of discrimination. Marketers are also encouraged to be mindful of diversity and inclusion in advertising and seek to avoid stereotypes and objectification.”

For the full statement, please click here.

 

USCIB Members Play Active Role on OECD’s Illicit Trade During COVID Panel

The OECD Task Force on Countering Illicit Trade hosted a webinar on April 23—”Illicit Trade at the Time of Crisis.” In advance of the webinar, USCIB worked closely with Business at OECD (known as BIAC) and the OECD Secretariat on developing a robust panel dedicated to the BIAC Anti-Illicit Trade Expert Group (AITEG) and the good work of the AITEG and USCIB on illicit trade in the COVID-19 crisis environment.

“As the U.S. affiliate for Business at OECD, USCIB has been working closely with BIAC on anti-illicit trade matters since the establishment of our Anti-Illicit Trade Committee (AITC) in 2018,” said Director for Customs and Trade Facilitation Megan Giblin.

In addition to statements by BIAC’s Anti-Illicit Trade Expert Group chair and vice chair, the panel was rounded out by USCIB member representatives; Pfizer’s Senior Director David Shore, who leads the Europe, Middle East and Africa regional Global Security Team, as well as Amazon’s Senior Public Policy Manager Chris Oldknow, who discussed counterfeiting and intellectual property in Europe and gave poignant remarks on Pfizer and Amazon’s, respective, efforts on illicit trade in the COVID environment.

Prior to the webinar, BIAC published a statement, “Illicit Trade in Context of COVID-19 and Future Pandemics,” which was widely shared with webinar participants and built off earlier contributions of the work of the OECD Task Force.

USCIB’s AITC is chaired by David Luna of Luna Global Networks and vice-chaired by Fernando Pena of DHL. Luna also chairs the recently elevated BIAC AITEG, which is vice-chaired by Alvise Giustiniani of PMI.

USCIB Congratulates Colombia on Formally Becoming OECD Member

Pictured from left: Iván Duque Márquez, President of the Republic of Colombia and Angel Gurría, Secretary-General of the OECD (Photo: OECD/Victor Tonelli)

The Organization for Economic Cooperation and Development (OECD) announced that Colombia has formally become an OECD Member as of April 28, 2020. Colombia is the 37th country to do so in the Organization’s near 60-year history.

According to the OECD, Colombia has now completed its domestic procedures for ratification of the OECD Convention and deposited its instrument of accession. This brings to a successful conclusion an accession process that began in 2013.

“Colombia is an important market for many companies, and we commend Colombia on successfully concluding this lengthy process and committing to the high standards of the OECD,” said USCIB Senior Director for Trade, Investment and Financial Services Eva Hampl. As the official voice representing U.S. business in this process, USCIB was actively involved in providing input into Colombia’s accession process via Business at OECD (BIAC), the official business voice at the OECD.

OECD Member countries formally invited Colombia to join the Organization in May 2018, following a five-year accession process during which it underwent in-depth reviews by twenty-three OECD Committees and introduced major reforms to align its legislation, policies and practices to OECD standards. These spanned the breadth of policy fields including labor issues, reform of the justice system, corporate governance of state-owned enterprises, anti-bribery, trade, and the establishment of a national policy on industrial chemicals and waste management.

Michener Shares USCIB’s COVID-19 Response with ICC Americas Group

At a recent virtual meeting of the ICC Americas group, USCIB Vice President for Product Policy and Innovation Mike Michener discussed USCIB’s response to the COVID-19 crisis, which first and foremost, is to continue important functions as the entire USCIB team works from home in the New York and Washington metro areas.

“We are still representing member interests in multilateral institutions while highlighting individual company responses in tandem with international organizations, and featuring the important work of global affiliates such as International Chamber of Commerce (ICC), as well as the International Organization of Employers (IOE) and Business at OECD (known as BIAC),” said Michener.

According to Michener, USCIB is also flexing its institutional muscle as a thought leader in the nexus between business and the multilateral system, publishing op-eds and press releases, and promoting partnerships with international organizations through its new venture Business Partners for Sustainable Development (BPSD).

Michener outlined how USCIB is fulfilling its function in representing member interests through virtual events; all committee meetings have been converted into a virtual format and USCIB continues to engage with global partners on events, such as the one held on April 29 with the UN Department for Economic and Social Affairs on SDG 17 & Public-Private Partnerships: COVID-19 Response & Recovery in the Framework of the 2030 Agenda.

“We are proud to share the work being done related to COVID-19 across the world by our global network of affiliates on our web page, in particular focusing on ICC’s partnership with the World Health Organization (WHO), the ICC campaign to Save our MSMEs and ICC actions via the G20,” added Michener.

USCIB continues to spotlight what member companies are doing to address the COVID-19 crisis; featured companies include ExxonMobil, Qualcomm, Procter & Gamble, Nike, SAP, Google, Amazon, Apple, CenturyLink, IBM, AT&T, Pfizer, Hewlett-Packard, Intel, Mastercard, Salesforce, Microsoft and HanesBrand, with additional spotlights in the pipeline.

More information can be found on this web page: Ensuring Business Continuity During COVID-19

USCIB Opposes Proposed Rule on ICT-Related Transactions 

USCIB joined a coalition of over thirty other associations to send a letter to U.S. Secretary of Commerce Wilbur Ross regarding a proposed rule to implement an Executive Order on Securing the Information and Communications Technology and Services (ICTS) Supply Chain. This rule would provide the U.S. government with the authority to block, intervene in and unwind certain ICTS-related transactions on the grounds of national security.

The letter stated: “Our members share the Administration’s commitment to ensuring that ICTS transactions do not pose undue risks to national security. However, we view the proposed rule as vague and highly problematic because as written, it would provide the Department with nearly unlimited authority to intervene in virtually any commercial transaction between U.S. companies and their foreign counterparts that involves technology, with little to no due process, accountability, transparency, or coordination with other government programs that are also designed to protect national security.”

According to the letter, the proposed rule does not provide sufficient legal clarity to American companies to identify transactions that could be in scope, which would create significant uncertainty in the business community, disrupt global supply chains and make a range of trade and investment decisions very difficult. Under the proposed rule, companies may also bear higher costs as they alter long-standing business relationships, search for new suppliers and unwind transactions, which will harm U.S. competitiveness and technology leadership.

“An open investment climate with predictable rules is vital to economic growth and development,” said Eva Hampl, senior director of investment, trade and financial services at USCIB. “While national security concerns should be a consideration, virtually unlimited government authority to intervene in transactions could cause significant economic harm to U.S. businesses and consumers.”

Mixed Messages at Recent Meetings on Global ICT Policy

Barbara Wanner, was present at both events, alongside USCIB members, joining global business colleagues under the aegis of ICC-BASIS at the IGF and as part of the Business at OECD (BIAC) delegation to CDEP.
The two meetings could not have provided more different messages about the challenges and opportunities of digital transformation of the economy and how to address them.

 

The 13th Internet Governance Forum (IGF) and meetings of the OECD Committee on Digital Economy Policy (CDEP) and its Working Parties met in Paris, France the week of November 12. According to Barbara Wanner, who leads USCIB’s work on ICT policy, the two meetings could not have provided more different messages about the challenges and opportunities of digital transformation of the economy and how to address them.

French President Emmanuel Macron, who opened the three-day IGF on November 12 at UNESCO, depicted a digital economy fraught with danger from cyber-attacks, the proliferation of hate speech, and anti-democratic forces requiring development of a “better model” featuring regulation of the Internet and its actors. The OECD CDEP, in contrast, proceeded in a workman-like, measured manner to move its Going Digital Project toward completion as well as advance work on Artificial Intelligence (AI). Going Digital (GD) is an ambitious horizontal endeavor involving 14 OECD committees that takes a largely evidence-based and holistic approach to considering both the economic and societal benefits and the challenges of the evolving digital ecosystem.

Wanner, was present at both events, alongside USCIB members, joining global business colleagues under the aegis of ICC-BASIS at the IGF and as part of the Business at OECD (BIAC) delegation to CDEP.

“Our messages, as IGF workshop speakers and BIAC interveners, generally emphasized the commercial and developmental benefits that can be realized through the creation of a pro-innovation policy environment, the effectiveness of business-informed, risk-based approaches to privacy and security, and the importance of the multistakeholder model in considering the complexity of digital economy issues,” noted Wanner.

According to Wanner, by the week’s close, members agreed that the “watershed” moment at the IGF created by President Macron’s remarks will require further internal discussion about what business wants and needs from the IGF and strategies to tackle likely new challenges at the United Nation’s General Assembly and other multilateral organizations. Concerning CDEP’s leadership of the Going Digital Project, members generally were encouraged that the final product – to be issued at a special forum on March 11-12, 2019 – would reflect business inputs and provide a practical guide to tap the potential of digital transformation.

ICC Releases New Code of Conduct for Global Marketing Industry

L-R: Carla Michelotti (International Advertising Association), Sheila Millar (Keller & Heckman), Lee Peeler (National Advertising Division)
Launched September 25 at a conference in New York, the new edition of the flagship ICC Marketing Code raises consumer protection standards around the world and expands rules in the digital realm.

The International Chamber of Commerce (ICC) has released the tenth revision of its flagship Advertising and Marketing Communications Code – a globally applicable self-regulatory framework developed by experts from all industry sectors worldwide. The ICC Marketing Code was launched on September 25 during the National Advertising Division’s 2018 Annual Conference in New York. ICC is the world’s largest business organisation, representing over 45 million companies and more than one billion employees. USCIB serves as ICC’s exclusive American national committee.

Underpinning self-regulatory frameworks in 42 countries, the ICC Marketing Code seeks to protect consumers by clearly setting out the “dos and don’ts” for responsible marketing to ensure legal, honest, decent and truthful communications and practices. This new revision ensures that the ICC Marketing Code takes into account emerging digital marketing and advertising practices, such as artificial intelligence-enabled marketing, market influencers, vloggers and data analytics.

“ICC’s global membership ensures that there is a worldwide consensus on Marketing and Advertising issues, and a unified voice when business speaks to the UN and to national governments,” said Carla Michelotti, vice president of the International Advertising Association and the vice chair of USCIB’s Marketing and Advertising Committee.

Sheila Millar, partner with Keller & Heckman and vice chair of the ICC Marketing and Advertising Commission, who joined Michelotti in unveiling the revised code, added: “The goal was to make sure that the ICC Code remains relevant to the marketplace of today, including modern technologies and marketing practices. We wanted to make it future-proof.”

The tenth revision of the ICC Marketing Code includes:

  • Enhanced guidance on distinguishing marketing communications content from true editorial and user generated content
  • Expanded coverage of the rules to include emerging digital mediums and participants
  • Consolidated rules on direct marketing and digital marketing communications
  • Updated terminology and guidance on the applicability of mobile phones and cross-devices to location-based advertising and interest-based advertising
  • Clarified rules on advertising to children and teens

“The digital transformation of marketing and advertising underscores the critical importance of trust between consumers and companies,” said ICC Secretary General John Denton. “The ICC Marketing Code sets the gold standard for ethical advertising that will help ensure consumer trust in the years to come.”

Brent Sanders, assistant general counsel at Microsoft and chair of the ICC Commission on Marketing and Advertising (as well as USCIB’s Marketing and Advertising Committee), agreed and noted: “The ICC Marketing Code has served as the inspiration for self-regulatory codes and as a building block for self-regulatory structures around the world. By ensuring advertising is honest, transparent and decent, these systems build consumer trust and provide quick and easy redress when transgressions occur.”

A Spanish-language edition of the newly-revised ICC Marketing Code will be launched in Cartagena, Colombia – and accessible globally online – on October 2.

The ICC Commission on Marketing and Advertising examines major marketing and advertising related policy issues of interest to world business and brings together top experts on self-regulation and ethical best practices in advertising and marketing communications. ICC has been the major rule-setter in international advertising self-regulation since 1937, when the Commission issued its first Marketing Code – one of the most successful examples of business self-regulation ever developed.

ICC Academy Launches Free e-Course on Responsible Marketing and Advertising

The new ICC Academy e-course builds on decades of expertise in establishing high standards for marketers and ad agencies.

The educational arm of the International Chamber of Commerce (ICC), the ICC Academy, has launched a new e-course based on ICC’s internationally-recognized Marketing and Advertising Code. Entitled “Ethical Marketing and Advertising” (EMA), the e-course is available free of charge, and aims to develop the skills needed to conceptualize, design and deliver responsible marketing communications.

From micro-enterprises to large multinational companies, nearly all businesses use marketing in some form to sell their products or services. However, in a world where good governance and consumer trust are increasingly important, there is a greater expectation from consumers for brands to communicate transparently about their operations and product offering. This interactive e-course serves to encourage ethical marketing solutions as better, more effective forms of advertising.

“We are proud to launch the EMA on the ICC Academy’s digital learning platform,” said Daniel Kok, general manager of the ICC Academy. “We believe that formal training is essential to create high industry standards and practice. Our aim for this e-course is to establish a foundation in marketing for businesses across all markets.”

The EMA builds on decades of expertise and is designed for marketers, advertising agencies, self-regulatory organizations and universities and expands on a program initially developed with the renowned international business school, INSEAD.

“The ICC Code provides globally applicable road signs for marketing practice, which help build confidence in business. This e-course brings the Code guidance to life with the aid of practical industry examples,” said Brent Sanders, assistant general counsel at Microsoft and chair of the ICC Commission on Marketing and Advertising, who also chairs USCIB’s Marketing and Advertising Committee. “We recognize the invaluable contributions of self-regulatory and partner organisations across the globe in developing this interactive course that we believe will reinforce the Code’s effectiveness.”

Comprising six lessons, the two-hour interactive e-course:

  • covers ICC Code basics
  • provides an overview of the importance of responsible advertising
  • explains responsible marketing principles relating to customers, society and competitors, and
  • delivers insights on digital marketing and advertising.

Each section of the course incorporates video examples, structured learning, self-assessments, a virtual coach and valuable case studies to fully understand the principles at the heart of global advertising codes, which are applicable across every industry.

“The ICC Code provides direction for legal and honest marketing communications – qualities that are critical for marketers to build consumer trust and brand loyalty,” said Raelene Martin, policy manager at ICC . “This e-course demonstrates, in practical terms, how the Code’s principles and provisions can be applied in everyday practice when developing marketing campaigns. We are confident that this e-course will be a key resource to help marketers employ today’s and tomorrow’s most innovative techniques to market their products and services.”

Professionals hoping to demonstrate their commitment to the practice of ICC Code on responsible Marketing and Advertising are invited to take the EMA certification exam for a nominal fee.

Click here to learn more about the ICC Academy’s brand-new EMA e-course.

ICC Marketing Commission Looks to Bring Sense to Debate Over Children’s Advertising

ICC Marketing & Advertising Commission members met at Microsoft’s San Francisco offices.

Amid a year-long celebration of the 80th anniversary of the International Chamber of Commerce’s landmark global marketing code (formally known as the ICC Consolidated Code of Advertising and Marketing Communications Practice), ICC members gathered in San Francisco on December 4-5 to discuss emerging challenges to the self-regulatory framework exemplified by the ICC Code.

The ICC Marketing and Advertising Commission, chaired by Brent Sanders, associate general counsel with Microsoft, meets twice annually, and this gathering marked the commission’s first visit to the West Coast in several years. Among the guest speakers was Jurgen Van Staden, privacy and public policy manager at Facebook, who addressed the evolving landscape for advertising self-regulation in a fast-evolving digital landscape and encouraged ICC members to ensure that the ICC Code remains fit for purpose.

Top of mind for many participants were new regulatory threats that may impose overly stringent constraints on the marketing of products to children and teenagers. National and global regulatory bodies are increasingly focused on the topic, and many policy responses seek to address “up-aging” (increasing the upper age limit of childhood), limitations on screen time, and privacy and data security, as well as many other concerns.

According to Jonathan Huneke, USCIB’s vice president for communications and public affairs, who attended the ICC meetings, business representatives are seeking to bridge the significant divergence of regulatory practice between the United States, the European Union and other jurisdictions.

“Not surprisingly, national standards for marketing and advertising can vary widely between countries,” he said. “To take one example, the EU’s soon-to-be-implemented General Data Privacy Regulation imposes an absolute right to privacy that may complicate efforts to comply with the U.S. Children’s Online Privacy Protection Act, where restrictions on the use of data is less restrictive for those aged 13 and over. But that’s just the tip of the iceberg when it comes to potential regulatory divergence.

ICC members agreed to develop a toolkit to respond to threatened bans on marketing to children and teens, drawing upon the ICC Code, as well as related ICC guidance on food and beverage marketing, online advertising, and other issues. They will also explore conducting an outreach and educational campaign for policy makers around the world, to raise awareness of self-regulation as an effective means of maintaining high standards of marketing and advertising practice.

Commission members also reviewed proposed changes to the ICC Code in the areas of data-driven and interactive marketing. The next meeting of the ICC Marketing and Advertising Commission will take place in Paris in late June. You can view and download copies of the ICC Code and many other resources on marketing and advertising at ICC’s Codes Centre website.

Read more about USCIB’s Marketing and Advertising Committee here.

USCIB Gears Up for APEC CEO Summit in Vietnam

This week, USCIB’s Vice President of Product Policy and Innovation Mike Michener will attend the Asia-Pacific Economic Cooperation (APEC) CEO Summit in Da Nang, Viet Nam, as a business delegate and representative of the U.S. APEC Business Coalition.

Organized under the leadership of the National Center for APEC (NCAPEC), USCIB will be joining other Coalition and NCAPEC members on the ground, including CEOs and executives from USCIB member companies. NCAPEC serves as the designated 2017 U.S. Strategic Partner for the CEO Summit, Secretariat to the U.S. members of the APEC Business Advisory Council (ABAC) and as Chair and Secretariat of the U.S. APEC Business Coalition.

Throughout 2017, USCIB has addressed a number of issues through APEC to advance discussions across a range of issue. These include chemicals regulation, advertising self-regulation, data privacy, customs, and digital trade. USCIB members and staff have engaged in several APEC working groups, including the Chemical Dialogue, APEC Business-Customs Dialogue, Customs Procedures Virtual Working Group, Alliance for Supply Chain Connectivity, the Electronic Commerce Steering Group and Data Privacy Subgroup.

In Da Nang, Michener will meet with USCIB members, leaders from APEC economies and representatives of intergovernmental organizations to discuss member companies’ APEC priorities and USCIB’s work. They look forward to hearing from USCIB members in Da Nang, in addition to joining with Coalition partners, to advance common objectives.

“USCIB appreciates the numerous committed partnerships that APEC has established with the private sector,” said Michener. “These partnerships are addressing many economic opportunities, particularly on trade and regulatory issues, that will help foster greater economic integration among APEC’s twenty-one member economies.”

The upcoming APEC meetings in Da Nang include, in addition to the CEO Summit, the Concluding Senior Officials’ Meeting, Fourth APEC Business Advisory Council (ABAC) Meeting, APEC Ministerial Meeting and APEC Economic Leaders’ Meeting. USCIB has collected priority issues from its membership for 2018, and will have the USCIB 2018 APEC Priorities and Recommendations Paper available in Da Nang.