安睡裤品牌baby sheep和家电品牌苏泊尔因发布低俗营销视频近期引发舆论批评[1]。其中，baby sheep在AI生成的短视频中将女性生理现象塑造成负面形象[1]，苏泊尔官方旗舰店则发布了"女子闯男厕""大叔闯女浴室帮搓澡"等低俗视频[1]。面对质疑，两家企业试图将责任推给AI生成，但这一说法在技术和法律层面都站不住脚。
从法律角度看，企业无法以AI生成为由逃避责任。根据《广告法》，广告主对广告内容的真实性负责，广告不得"妨碍社会公共秩序或违背社会良好风尚"[1]。同时，《互联网信息服务深度合成管理规定》和《生成式人工智能服务管理暂行办法》明确规定，使用者不得利用相关技术制作、发布、传播法律禁止的内容[1]。北京恒都律师事务所合伙人高广童表示，"AI生成"不影响对内容违法性的实质认定，不能阻断品牌方的责任[1]。企业发布营销内容前应承担完全的审核责任，AI技术不应成为规避法律义务的挡箭牌。
Two major Chinese brands have recently attempted to deflect responsibility for offensive advertising content by blaming artificial intelligence generation, but legal and technical experts argue the justification does not hold.[1]
Baby Sheep, a sleepwear brand, released short videos generated with AI that portrayed women's biological functions in a negative light.[1] Meanwhile, Supor, a home appliance manufacturer, posted vulgar videos on its official flagship store featuring scenarios such as a woman entering a men's restroom and an older man assisting in a women's bathhouse, drawing public criticism.[1] Rather than acknowledging responsibility for the content, both companies suggested AI generation absolved them of accountability.
However, the legal framework clearly establishes that brands bear full responsibility for their marketing materials. According to the Advertising Law, advertisers are accountable for the authenticity of advertising content, and advertisements cannot "impede public order or violate social morality."[1] Additionally, the Regulations on the Management of Deep Synthesis of Internet Information Services and the Interim Measures for the Administration of Generative Artificial Intelligence Services both stipulate that users cannot employ such technologies to create, publish, or distribute content prohibited by law.[1] High Guangtong, a partner at Beijing Hengdu Law Firm, stated that the use of AI generation "does not affect the substantive determination of content illegality and cannot sever the responsibility of brands."[1] Companies must recognize that technology cannot serve as a shield for marketing violations—accountability rests entirely with those who choose to publish such material.