We recently hosted a panel at the bi-annual GALA Global Conference in London, discussing how self-regulation can tackle today's global advertising challenges with leading advertising lawyers from around the world.
Jeffrey Greenbaum of Frankfurt Kurnit, Alice Himsworth of Google, Tudor Mando of EASA, and Guy Parker of the ASA joined us for a discussion that began with the familiar origin story: industry proving it could keep its own house in order before government reached for the statute book.
But the panel quickly moved to self-regulation's stronger value today: speed, expertise and judgement. It can move faster than legislation, draw on people who understand the advertising market, and spot problems before they become enforcement files.
Why the system still earns its keep
One point came through clearly. Rules work better when the people affected help shape them. That does not give industry a free pass, but it means rules can respond to real practice, not a lawmaker's best guess at how an ad campaign gets made.
Guy noted that self-regulation can respond quickly to emerging technology and societal change, while staying more agile than broad laws written without advertising in mind. Tudor put it simply; self-regulation struggles where law blocks independent oversight, or where industry will not support the system morally and financially.
AI labelling: the uncomfortable middle ground
Unsurprisingly, AI came up quickly. Jeffrey noted that governments have started legislating before self-regulatory systems have settled their approach. The EU AI Act is the obvious example, and it was not written with advertising as its main target.
The central question is when AI use needs disclosure. Traditional advertising rules ask whether an ad misleads consumers. If it does, a "made with AI" label cannot save it.
The harder cases sit in the middle, where AI use may affect consumer understanding, but the ad is not plainly deceptive. Alice framed this as a trust issue as much as a legal one. If a brand famous for real-world stunts quietly swaps one for an AI simulation, consumers may feel cheated no matter what the law allows.
Tudor pointed to the AI Act's requirement for disclosure of deep fakes, where "deep fakes" could catch content made or enhanced using AI. Whether smaller acts like removing clouds from a sky count remains an open and inconvenient question. Even clouds have entered the compliance chat.
Influencers: rules are known, compliance is patchy
Influencer marketing brought the discussion down to earth. Brands have legal teams, approval processes and institutional memory. Millions of influencers do not.
Tudor spoke about EASA's AdEthics training and certification programme, which teaches influencers local legal rules and ethical standards. It also gives brands a practical filter for creators who have taken the rules seriously. Guy said the ASA intends to launch a similar programme under the same umbrella.
The problem is not the rulebook, but reach. Disclosure requirements are well understood, but smaller influencers may not queue up for training while a paid post is sitting in their inbox.
Green claims: don't let fear produce silence
Environmental marketing is also being reset. Green claims can mislead, but the harder issue is whether the rules are sufficiently targeted at truly misleading advertising.
Jeffrey argued that self-regulation can do more than police deception; it can help advertisers understand what good looks like before a campaign goes live.
Guy tackled the greenwashing versus greenhushing debate head on. If responsible advertisers stop making green claims because they fear regulatory attack, consumers lose information they need to choose better products. But the claims still need evidence.
Where this leaves advertisers
Self-regulation has moved beyond its old role as a shield against government intervention. Its stronger role is practical judgement: fast enough for AI, precise enough for influencer marketing, and credible enough for environmental claims.
It also has limits. Where law removes space for independent oversight, or industry refuses to fund and respect the system, self-regulation weakens quickly.
The practical message for advertisers is simple. Label AI where the use matters. Train influencers before they post. Substantiate green claims rather than avoiding them. It may be harder than keeping the government at bay, but it is also more valuable.
