Many are the sponsored ads on internet search plataforms. And from now on, will the same occur on generative artificial intelligence platforms? What would be its impact on the legal world?
Who has never, when searching on a search engine like Google, been surprised by the link of a direct competitor when typing the name of a particular company? Who has never, after researching a tourist destination, started receiving massive ads about services in the researched location?
It has long been known that the above situations result from the practice of sponsored ads on browsers. In large part, promotional targeting results from the collection of cookies. The use of cookies in different countries must comply with their data protection laws and/or internet legislation. In Brazil, cookies are subject to the provisions of the General Data Protection Law (LGPD - Law No. 13.709/2018), with transparency being one of its basic principles for the collection and use of cookies. That is, the user must, at a minimum, be informed about the collection and nature of the cookies.
Thus, even if not all users pay due attention to cookie banners, by legal obligation, they must be communicated.
But now, we have moved from search engines to searches on generative artificial intelligence tools. Copilot, Gemini, ChatGPT, DeepSeek... are a reality in the daily lives of many internet users. And, have BigTechs already conceived their business models thinking about offering products and services via these platforms? And if so, how important is it to provide transparency about this fact? How to ensure that the responses to search prompts are not directed by "sponsored ads"?
Well, if a user trusts their search to an AI platform, it is expected that the obtained response does not bring biases of any nature, much less biases deliberately caused by a preconceived business model.
In this sense, it will be the duty of the platform provider to inform about the possibility of response targeting.
In Brazil, even though there is no specific legislation on AI yet, existing legal provisions can be used, such as the Marco Civil da Internet (Law No. 12.965/2014), which in item XI of its article 7 guarantees the user the right to publicity and clarity of any internet application usage policies, as well as the Consumer Protection Code, which in its article 4 brings the principle of transparency as one of the foundations for the consumer relationship. This seems completely pertinent to the case.
Finally, technological advances, such as access to new Artificial Intelligence tools, result from new business models and bring with them the need to pay attention to their consequences and risks. Providers must comply with current legislation and, consequently, provide transparency to the user. Thus, if there are sponsored ads that impact the responses given by artificial intelligence, these must indeed be advertised.