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AI Observer | Series 2, Issue 5: The evolving role of AI in media, regulation, and advertising

By William Dearn, Associate and Frances Wilding, Partner and Thomas Brick, Associate

Welcome back to the AI Observer, HLK’s newsletter tracking the AI legal landscape.

In the final issue of 2024, we take a deep dive into the controversial world of generative AI and podcasts, focusing on the upcoming podcast Virtually Parkinson, featuring an AI-generated Sir Michael Parkinson. We also delve into the EU’s AI Act, which sets out the obligations for providers of these large general-purpose AI models and comes into force in August 2025. Finally, we look at Coca-Cola’s ad campaign, where generative AI played a key role in rapidly producing a variety of advertisements.

Did you miss the previous issue of the AI Observer? Check out all our previous issues and other AI updates here.

AI and the future of podcasting: Sir Michael Parkinson reimagined

We take a deep dive into the controversial world of generative AI and podcasts, focusing on the upcoming podcast Virtually Parkinson, featuring an AI-generated Sir Michael Parkinson.

Read the full article here.

Legislation watch

A general-purpose AI system will be able to carry out a wide variety of tasks and integrate with other AI systems. Many people are pretty scared by this, and think it will resemble the out-of-control AI VIKI from I, Robot, but without the attractions of Will Smith to fight it.

The EU has stepped in to allay those fears with the EU AI Act, which sets out the obligations for providers of these large general-purpose AI models and comes into force in August 2025. And the obligations (in Articles 53 to 55 of the EU AI Act) are pretty onerous in terms of openness and documentation. Even more so for general-purpose AI systems over a certain size which are seen as having systemic risk as explained here (we’ve seen a lot of debate on whether they have chosen the right size, but let’s gloss lightly over that).

The EU AI Act then introduces a Code of Practice for general-purpose AI, designed to help the AI giants (such as the likes of Google, OpenAI and Microsoft) get to grips with the EU AI Act requirements. Here is the relevant Art. 56 AI Act on Codes of Practice in a nice searchable version of the Act.

In fact, the AI office of the European Commission, which leads the EU’s approach to AI has strategically outsourced this Code of Practice (the “Code”) to thirteen unpaid independent and highly prestigious experts. And as explained by two of the experts here, they have set out the following sensible principles in a first draft (which can be downloaded here) shared on 14 November 2024:

  1. Alignment with EU rights and values.
  2. Alignment with the AI Act and international approaches.
  3. Proportionality to risks.
  4. A future-proof approach.
  5. Proportionality to the size of a GPAI model provider.
  6. Support and growth of the AI safety ecosystem.

Whilst not as exciting as Will Smith, these developments may reassure the little man by helping the AI giants comply with their new obligations. The next step is a comprehensive review of the first draft by stakeholders. Watch this space for further updates!

AI application of the month

It’s not just national treasures like Sir Michael Parkinson that we’ve seen AI resurrecting recently. Coca-Cola’s AI reboot of the classic 1995 “Holidays are Coming” ad campaign hit the screens recently. Three AI studios (Secret Level, Silverside AI, and Wild Card) worked to create three different ads, using various generative AI models. People love the ads. People hate the ads.

Interestingly, Silverside AI were able to develop and deliver 110 different versions of their ad within just a few days, including 27 skylines customised to the cities in which the ad is to air. Regardless of the creative merits of the ads and of the ethical issues at play, it’s impressive to see generative AI successfully used for such high-profile campaigns in such a short amount of time. And humbug to all of you who think November is too early to get started on the festive content!

This is for general information only and does not constitute legal advice. Should you require advice on this or any other topic then please contact hlk@hlk-ip.com or your usual HLK advisor.