Joan Barata has published a new paper examining the regulatory challenges posed by generative artificial intelligence in the context of advertising and commercial communications.
Developed in collaboration with the Center for Studies in Freedom of Expression (CELE), the study analyzes how generative AI is reshaping the creation of commercial content, with a particular focus on transparency requirements, labeling obligations, and the growing risks associated with synthetic media, including deepfakes. The paper reviews existing legal frameworks applicable to commercial communications and identifies key areas of uncertainty in how current regulations can be applied to AI-generated content. It highlights the difficulties regulators face when attempting to ensure transparency while keeping pace with rapidly evolving technologies.
A central part of the study addresses the specific legal and ethical challenges that arise in the advertising sector, where AI-generated content can blur the line between authentic and synthetic messaging. To address these issues, Barata proposes a set of regulatory principles aimed at guiding future policy development. These include ensuring that regulation is:
- Technologically neutral
- Proportionate to the level of risk
- Respectful of fundamental rights
- Clear, enforceable, and supportive of innovation
The author argues that these principles are essential to building regulatory frameworks capable of responding effectively to the evolution of AI while safeguarding both consumer protection and freedom of expression.
The CELE, based at the University of Palermo’s Faculty of Law and founded in 2009, continues to serve as a key academic hub in Latin America, promoting research and dialogue on freedom of expression and digital rights across the region.
The study is available here: