MarketingThis week in marketing

Meta's paused ad terms and who pays when its AI edits your ad

Meta tried to make advertisers solely responsible for whatever its AI adds to their ads, including features Meta switches on itself. It paused the rollout after a backlash, and Britain's competition regulator opened an investigation two days later. For marketing leaders this is about who controls the final ad and who answers for it.

Listen to the podcast

9 min

Chapters

Key takeaways

  • Review the ad Meta actually serves, not only the ad your team built, because AI changes got past several rounds of checks at Exverus.
  • Untick Advantage+ creative enhancements by hand on every campaign and recheck after account updates, as AdCellerant now does by default.
  • If you are a regulated advertiser such as a lender or clinic, check any AI translations or generated images before they run, since the terms put that risk on you.
  • Plan on the old Meta terms applying for now, with the consultation possibly running past November 20.
  • Watch whether the advertiser liability clause returns quietly once Meta fixes the crawling language for regulators.

Episode page and full transcript →

Meta has put its new business terms on hold. Britain's competition regulator opened an investigation anyway. For marketers, the sharpest part of the fight is a clause about who answers for what Meta's AI does to their ads.

According to Adweek, digital agency Exverus said Meta's AI is tacking on sitelinks, translating copy, and spinning up AI images and carousels out of a brand's own photos, sometimes on ads where advertisers did not switch the feature on. At the same time, Meta's revised commercial terms added an "AI Features" section. PPC Land reports that in Adweek's reading, it makes advertisers "solely responsible" for whatever Meta's AI creates or changes in their ads, including features that Meta switches on itself. Under the earlier wording, an advertiser was responsible for AI output only when it chose to use Meta's AI creative tools; the new section drops that condition.

Publishers went after a different clause. According to Engadget, the terms let Meta use automated software such as web scrapers and crawlers to access business websites to build its advertising and business products. On October 28, Reuters reported that Meta was indefinitely delaying the rollout of its new commercial terms following concerns from publishers and digital advertisers. Two days later, according to Reuters, Britain's competition regulator opened an investigation into whether Meta was imposing exploitative terms on publishers and advertisers to use their content to develop its own services, including its AI features. Meta said there were "no grounds" for an investigation.

Why it matters: automation is moving creative decisions from the brand to the platform, and the liability was not moving with them. Some agencies have stopped trusting the defaults. PPC Land reports that AdCellerant now turns off Meta's default AI automation on every campaign.

The disputed part: a Meta spokesperson told Adweek that it folds existing generative AI ad terms into the main terms and that advertisers can switch off individual Advantage+ features in Ads Manager. Engadget, for its part, noted that the company hasn't made any substantive changes to its terms since it removed the word "train" and added a reference to "advertising and business products".

What to watch: Meta told Reuters it expects the consultation could extend beyond November 20, in which case it would delay implementation of the updated terms. The CMA's investigation will determine whether Meta holds a dominant position in a relevant UK market and, if so, whether the terms amount to abuse of that position. The publishers' complaint was mostly about crawling. The open question is whether the advertiser liability clause comes back unchanged.

Finished reading?

Validate your read to earn XP and feed your radar.