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Aipedia: Marketing and PR agencies
Marketing and PR agencies can use AI freely, but every ad, review, image and statement it produces is still judged by the same advertising, consumer and data rules. That matters because agencies may carry the blame, and the claim, when AI-made work goes wrong.
Part of: AI in Marketing and PR agencies
In short
UK marketing and PR agencies have no statutory regulator, and there is no AI-specific rule in the CAP or BCAP Codes. The ASA applies its media-neutral rules to ads made with AI, the DMCC Act bans misleading actions and fake reviews from 6 April 2025, and the ICO enforces UK GDPR and PECR. The IPA and ISBA 12 principles and the CIPR's 2026 guide set professional expectations. The main risks are IP infringement, misleading claims, fake reviews, defamation and data breaches. No PI requirement applies, and how PI or media liability responds depends on the wording.
Generative AI can be used across agency work. Creative teams may use image generators for concept boards and finished visuals. Copywriters may draft headlines, scripts and long-form content with a generative AI chatbot. Media teams may rely on AI audience modelling and automated bidding. PR teams may draft press releases, summarise coverage and run sentiment analysis. Social teams may schedule posts and let AI suggest or send replies on client accounts.
The speed is real, but so is the change in risk. An agency that once commissioned a photographer under a written licence may now generate an image with no clear chain of rights. A copywriter who once checked every claim against client evidence may now polish text that a model has confidently invented. Each of these shifts creates a new way for a client, a competitor, a regulator or a member of the public to say the agency got it wrong.
There is no statutory regulator for marketing or PR agencies. The rules come from several places, and none of them carves out work produced with AI.
There is no AI-specific rule in the CAP Code or the BCAP Code. The ASA and CAP 2025 Annual Report says CAP's media-neutral rules apply the same standards to all ads, including ads made with AI. It reports a growing number of complaints about AI-generated ad content during 2025, and says CAP is considering how consumers interpret claims about AI capabilities. The ASA itself uses AI: its Active Ad Monitoring system processed nearly 60 million ads in 2025. CAP's September 2025 guidance on misleading imagery says images altered by production techniques, including filters, must not exaggerate what a product can do.
Under the Digital Markets, Competition and Consumers Act 2024, section 226 prohibits misleading actions, including an overall presentation likely to deceive even where each statement is true. Schedule 20 paragraph 13 bans fake and concealed incentivised reviews and, importantly for agencies, offering services to traders to produce them. Both have been in force since 6 April 2025, enforced by the CMA.
The ICO enforces UK GDPR and PECR. The Data (Use and Access) Act raised the maximum PECR fine to £17.5m or 4% of global turnover, according to the ICO.
The IPA and ISBA 12 principles for generative AI in advertising expect agencies to avoid undisclosed deepfakes, be open about prominent AI use, respect IP and data rights, keep human oversight and agree AI use with clients. In PR, the CIPR published The Responsible Use of AI in PR in June 2026. Our guide to AI ad rules for agencies sets these out in detail.
No statutory or professional-body PI requirement for marketing or PR agencies was found, and no regulator has published a statement on AI and PI. Cover is driven by client contracts and the agency's own risk appetite.
Professional indemnity for agencies may be written to include some media or intellectual property liability, such as defamation and unintentional infringement, but the scope varies widely between wordings. Some agencies buy a separate media liability policy. Whether an AI-related claim is covered usually depends on how the claim is framed, the policy definitions, any contractual liability exclusion, and whether the wording contains AI-specific language. Regulatory fines are generally uninsurable as a matter of public policy. See AI claims: agency PI or media liability? and our wider guide to AI insurance for marketing and creative agencies. Agencies that build or sell their own AI tools should also read AI insurance in the UK.
How Apex helps: Apex arranges PI for marketing and PR agencies. A broker reviews your cover and how your policy treats AI-assisted creative, content and campaign work.
No. There is no AI-specific rule in the CAP or BCAP Codes. The ASA says its media-neutral rules apply the same standards to ads made with AI, so an AI-generated ad is judged like any other on whether it misleads, harms or offends.
There is no general legal duty to label AI content. The IPA and ISBA principles say agencies should be open about AI use where it plays a prominent role and consumers are unlikely to notice, and should never use undisclosed deepfakes. Disclosure may also be needed to avoid misleading consumers.
No statutory or professional-body requirement was found. Clients may require PI in their contracts, and agencies may buy it to protect against claims of negligent advice, errors, defamation or infringement. The terms depend on the policy you buy.
It depends on the wording. Some policies say nothing specific about AI, so a claim may be treated like any other alleged error, subject to the definitions, exclusions and limits. Some newer wordings may include AI-specific language, which is worth checking with your broker.
Tell us about your firm and the work you do. A broker will review how your current PI treats AI-assisted work, or arrange new cover. No fee for a quote. Or call 0117 325 0027.
Start a PI quote Request a callbackApex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information about how AI is used in the profession and how insurance may respond. It is not legal, regulatory or insurance advice on your circumstances, and it does not guarantee that cover will be available or on what terms.
