Advertising and Marketing | UK Regulatory Outlook June 2025

UK updates 

ASA publishes research on depiction of older people in ads 

As part of its goal to prioritise the protection of vulnerable people (which is one of the commitments made by the ASA in its 2024-2028 strategy) and as part of the project it launched in December 2024 to consider the depiction of older people in advertising focusing on the extent to which, and how, certain depictions of older people in ads can give rise to offence or harm, the ASA commissioned a study to understand the public's views on how older people are depicted in ads. This followed a review of complaints received by the ASA since October 2021, which revealed various common themes about ads depicting older people.  

The study, which involved focus groups, in-depth interviews and an online survey of people of all ages, defined "older people" as those aged 55 and above. Findings revealed that today's older generation feels that ageing looks very different now compared to previous generations. There is a prevailing sentiment that current portrayals of older people in ads do not reflect the more positive reality of modern-day ageing. 

Several themes emerged from the study on the types of depictions most likely to cause offence and harm, such as:  

• Using humour at the expense of older people.
• Showing older people as impoverished, less knowledgeable and isolated or lonely.
• Portrayals that feel dismissive of older people, especially when expressed by a younger person, and show ageing as something to be fought, especially in beauty ads, which some women felt reinforced unrealistic standards.
• Portrayals suggesting that older people have no purpose in life.  

Respondents said that the most positive depictions were in ads that focused on the person, not their age, and those that showed the freedoms they felt comes with age. Respondents also commented on the targeting of certain ads and the absence of older people in certain types of ads, such as ads for technology products. 

The research also suggests some best practices for marketers when depicting older people in ads. Authenticity and inclusivity are the most important features to consider. Respondents also advised marketers against relying on extreme or one-dimensional depictions and placing older people in situations where they are mocked for reasons related to age or portrayed as interacting solely with their own generation. 

Instead, advertisers should:   

• Include "real" older people (not just celebrities or airbrushed imagery), especially in beauty ads.
• Focus on the individual, not their age.
• Show older people together with younger generations.
• Portray a spectrum of experiences.  

Regulation of AI in advertising 

CAP publishes advice on disclosing AI in advertising 

The advice note from the Committee of Advertising Practice (CAP) notes that, while neither legislation nor the advertising codes contain AI-specific rules, the existing rules will apply however the content is generated, whether by human or machine. 

Further, one of the principles in the twelve guiding principles on using generative AI in advertising, published by industry bodies  ISBA and the IPA in 2023, is that advertisers should be transparent in their use of AI, especially where it plays a significant role and may not be immediately apparent to consumers. CAP also notes that the EU AI Act incorporates transparency requirements and that its impact and that of other international AI legislation will be felt in the UK as well, especially for brands advertising globally. 

In CAP's view, to avoid creating misleading ads, advertisers using AI should ask themselves two questions when deciding whether to disclose: 

1. Is the consumer likely to be misled if the use of AI is not disclosed?
2. If there is a danger of misleading consumers, does disclosure clarify the ad's message or contradict it? 

Advertisers should also remember that disclosure alone is unlikely to diminish any harm caused by a fundamentally deceptive message. Attempting to "disclaim" such a message by revealing the use of AI would "almost certainly" breach rules on misleading claims in ads. However, clearly stating that deepfake content is used solely for comedic purposes or that an influencer is AI-generated might help to avoid creating a misleading impression. 

While there are no current plans to require ads that use AI to be labelled as such, CAP says that it is ready to change its approach if necessary. Overall, it advises advertisers to exercise caution around the use of deepfakes and any other potentially misleading use of AI. 

Tips for using AI in marketing  

CAP has also published a guidance note on some of the key things to think about when using AI in marketing to ensure that the use of AI does not result in a breach of the existing rules in the advertising codes.  

ASA's chief executive highlights areas of focus  

The ASA has published an article by its chief executive, Guy Parker, reflecting on how AI is transforming advertising regulation. Among other things, Mr Parker notes that the regulator is concerned about the advertising of certain AI products and services that pose broader ethical considerations. Issues such as ads for AI tech that offer mental health support (substituting human therapists), essay writing tools that pass work off as original and chat boxes that act as a partner or friend, have a potential to be misleading, irresponsible or harmful, and are on the ASA's radar.   

Updates on HFSS advertising restrictions  

Regulations made to delay advertising restrictions 

Last month, the government announced its intention to introduce secondary legislation that will explicitly exempt "brand advertising" from the advertising restrictions on less healthy food and drink (HFSS) (high in fat, salt or sugar) on TV and online (see this Regulatory Outlook).  

To allow time for consultation on the draft secondary legislation, the government also announced that the formal date for the restrictions to come into force will be delayed – from 1 October 2025 to 5 January 2026. The government has now made the Communications Act 2003 (Restrictions on the Advertising of Less Healthy Food) (Effective Date) (Amendment) Regulations 2025 to put this into law. The regulations come into force on 1 July 2025. 

Update on ASA guidance 

Following the government's announcement that "brand advertising" will be exempt from the restrictions (see above), the ASA asked CAP to place on hold its ongoing consultation on implementation rules and guidance on the restrictions (that is, its "further consultation" launched in February 2025, seeking to address certain issues identified following its evaluation of responses to the 2023 consultation, in particular the "identifiability test" – see this Regulatory Outlook). This is because, whatever the proposals from the government on amending the law, they will have a "material impact" on the rules and guidance, which may require further consultation and development. 

Despite advertisers and media owners agreeing with the government voluntarily not to run ads that do not comply with the restrictions from the original "in force" date (1 October 2025), the ASA has said that up until 5 January 2026 it will not process or investigate complaints on whether ads breach the restrictions, as it is "unable to enforce rules until the law is in place". In the meantime, it will continue to work with the government and Ofcom and will provide a further update to stakeholders "in the coming weeks". 

EU updates 

European Commission publishes call for evidence on transparency and targeting of political advertising 

The Commission's call for evidence is to inform the guidance the Commission is required to publish under the transparency and targeting of political advertising Regulation (2024/900/EU), which will come into effect on 10 October 2025. 

The new regulation aims to enhance the transparency of both online and offline political advertising to ensure the integrity of elections and tackle disinformation and foreign interference. See this Insight for more information. 

The guidance accompanying the new rules will be non-binding and aimed at both sponsors and providers of political advertising services, including SMEs, as well as the regulators who will have oversight of the new rules. 

The call for evidence is to identify which aspects of the regulation need further guidance from the Commission and to gather expertise on best practice. The Commission already understands that the guidance needs to: 

• Clarify and provide examples of what will be considered to be political advertising.
• Explain how the new rules will interact with the Regulation on a single market for digital services (2022/2065/EU).
• Help different service providers understand their respective obligations, for example, where publishers' responsibilities overlap (as in the case of online programmatic advertising).
• Assist service providers to put in place compliance procedures and mechanisms, for example, in relation to notification procedures for non-compliant ads. 

The call for evidence closes on 25 June 2025.