96,000 Cases of Deceptive and Unfair Online Ads Last Year
Virtual Medical Professionals Frequently Used to Spread False Information
Recently, there has been a growing number of deceptive and unfair advertisements in which "fake doctors" created by artificial intelligence (AI) appear in videos and recommend certain pharmaceuticals and health supplements, raising concerns and calling for increased consumer vigilance.
According to data provided by Democratic Party lawmaker Kim Namhee, a member of the National Assembly Health and Welfare Committee, based on information received from the Ministry of Food and Drug Safety on the 28th, the number of online deceptive and unfair advertisements detected last year reached approximately 96,000 cases, including 15,027 cases related to food and 16,051 cases related to pharmaceuticals. This figure represents a 1.6-fold increase compared to 2021.
In the past, there were many illegal cases in which ordinary people or stand-in actors were used to create deceptive, exaggerated, or misleading advertisements for products. However, recently, these tactics have evolved to use AI technology to create virtual medical professionals who deliver false information to consumers.
The requirement to disclose the use of AI in advertisements will take effect next year. The "AI Basic Act," which passed the National Assembly in December of last year, is scheduled to be implemented in January of next year. Until then, there is a lack of clear legal grounds for strictly regulating false advertisements created by AI.
The Ministry of Food and Drug Safety has only recently recognized the problem of deceptive advertisements exploiting AI and begun to respond. Under the current "Food Labeling and Advertising Act" and "Cosmetics Act," advertisements in which doctors or pharmacists recommend products, as well as advertisements that could deceive or mislead consumers, are prohibited. The Ministry is using these provisions as the basis for regulating fake advertisements generated by AI.
However, although the number of detected deceptive or misleading advertisements has surged into the triple digits since 2023, cases of false advertising using AI are not classified separately and are instead included under deceptive or misleading advertisements. While current laws allow for regulation, the reliance on broad provisions means there are no specific clauses that directly address AI-generated false advertisements, resulting in unclear enforcement and statistical management. As a result, there may be loopholes in the regulation of false advertisements until the AI Basic Act comes into effect next year.
Kim Namhee stated, "Although the AI Basic Act will take effect next year, because products like food carry significant risks, it is necessary to establish clear grounds for enforcement by including penalty provisions in individual laws." She added, "To improve the current system, I plan to propose an amendment to the Food Labeling and Advertising Act. I will also raise this issue during the National Assembly audit to demand that the Ministry of Food and Drug Safety strengthen its supervision and oversight in order to protect the health and safety of the public."
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