As the world embraces digital transformation, attorneys and digital marketing agencies that represent them must stay ahead of the curve. In 2023, they will face a host of legal issues around Artificial Intelligence (AI), influencers, and brand protection that must be navigated successfully. From new regulatory frameworks to emerging ethical questions, there is much to consider for those managing the digital presence of attorney practices.
This year, safety is the main issue in advertising and marketing. Marketers face several trends that could threaten their intellectual property rights, reputations, and market share. As a result, regulators are prioritizing protecting consumers, especially children, from sneaky marketing techniques, false claims, privacy breaches, and dark patterns.
Following are ten key issues marketers need to be at least aware of; at best, marketers should take action or prepare to take action if these issues fall in their sphere of practice.
- Artificial Intelligence: When using AI-generated content in advertising, marketers need to be aware of the unique legal issues that come up, such as limits on commercial use, infringement on the rights of others, and the inability to get exclusive ownership.
- Influencers, endorsements, and consumer reviews: The FTC will do more to stop misleading marketing practices involving real and virtual influencers. The agency will also go after companies that hide negative reviews and rating and review sites that let companies pay for higher rankings.
- Bad social stereotypes: The National Advertising Division will look closely at ads that spread harmful social stereotypes, prejudice, or discrimination.
- Advertising to children and privacy: The FTC will decide if more rules to protect children from influencer marketing and native advertising content are appropriate. These rules would address content intentionally, making it hard to tell the difference between advertising and authentic content. The Children’s Advertising Review Unit will also strictly enforce its Guidelines, which include how marketing and advertising can be mixed into content and games with the help of influencers.
- Name, Image, and Likeness: Donors-funded NIL collectives will challenge the NCAA’s rules against “pay for play.” This will lead to continued tension between the NCAA and NIL collectives and renewed efforts to find a federal legislative solution.
- Sponsorships: Marketers should make legal and business plans for how to deal with unexpected problems in a way that keeps value and improves long-term relationships.
- Dark Patterns: Companies should look at their design methods to ensure they aren’t using dark patterns in a way that the FTC might think is misleading.
- Automatic Renewal: The FTC and state regulators will pay attention to negative option offers that could trick people into buying things they wouldn’t usually buy.
- Environmental Marketing and Sustainability: Environmental marketing claims will continue to be the focus of regulatory, self-regulatory, and class action challenges, especially regarding general environmental benefit and aspirational claims.
- Brand Protection in Digital Media: Brands should protect their intellectual property online to stop unauthorized uses that could mislead customers or hurt their reputations.
In conclusion, 2023 will surely bring with it an abundance of legal issues that digital agencies representing attorneys must be aware of. The stakes are high, and the competition is fierce, so staying ahead of the curve is critical. Familiarizing oneself with these top 10 legal issues can help digital agencies maintain their competitive edge and keep their clients safe in the coming years. Investing in comprehensive legal services for digital agencies will make a world of difference when it comes to navigating the digital landscape in 2023. As a lawyer’s marketing agency, we feel that we must stay on top of legal trends. Our main goal is always to drive waves of new clients to an attorney’s office. That must always be tempered by a solid understanding of current and evolving marketing regulations and avoiding our clients’ risk of prosecution or any impact on their licensing.
(This article was based on a great piece by The Global Advertising Lawyers Alliance (GALA).
CLICK HERE for Top 10 Legal Issues from Global Advertising Lawyers Alliance.
The Global Advertising Lawyers Alliance (GALA) is the world’s largest advertising lawyer network. Its member firms come from over 90 countries, from Argentina to Zimbabwe. Each member has a lot of local knowledge and experience in advertising, marketing, and promotion law, which helps them give advertising campaigns the legal advice they need to be successful. As a result, GALA is the best place in the world for advertisers and agencies to find answers to the complicated legal issues that affect the market today.
GALA member firms can help with a wide range of advertising issues, such as advertising clearance, regulation, intellectual property counseling, licensing, local production, sweepstakes and contests, social media promotions, consumer privacy, union issues, contract negotiations, media clearance, and advertising and intellectual property litigation. In addition, GALA holds events worldwide and puts out books, newsletters, and news alerts to help marketers and ad agencies keep up with changes in advertising laws globally.)
