{"id":53687,"date":"2026-08-06T10:25:57","date_gmt":"2026-08-06T14:25:57","guid":{"rendered":"https:\/\/www.millerthomson.com\/?p=53687"},"modified":"2026-08-06T10:26:01","modified_gmt":"2026-08-06T14:26:01","slug":"quebecs-bill-24-new-consent-requirements-for-ai-generated-advertising-and-the-legal-risks-business-cannot-afford-to-ignore","status":"publish","type":"post","link":"https:\/\/www.millerthomson.com\/en\/insights\/marketing-advertising-and-product-compliance\/quebecs-bill-24-new-consent-requirements-for-ai-generated-advertising-and-the-legal-risks-business-cannot-afford-to-ignore\/","title":{"rendered":"Quebec\u2019s Bill 24: New consent requirements for AI generated advertising and the legal risks business cannot afford to ignore"},"content":{"rendered":"\n

On June 12th<\/sup>, 2026, An Act to protect consumers against the misleading or fraudulent use of a person\u2019s identity or image<\/em><\/a> (\u201cBill 24\u201d) came into force, amending Quebec\u2019s Consumer Protection Act<\/em>. Bill 24 introduces a new prohibition against using, or allowing the use of, a person\u2019s identity or image to make a representation to a consumer, without that person\u2019s consent.<\/p>\n\n\n\n

For businesses using AI-generated advertising, synthetic voices, or digitally altered spokespersons in consumer-facing communications, the implications are immediate and significant.<\/p>\n\n\n\n

What Bill 24 prohibits, and who it covers<\/h2>\n\n\n\n

The new provision introduced by Bill 24 defines “image” broadly. It includes not only altered and unaltered images, but also any image that appears to represent a person, as well as any visual or audio recording of that person. The breadth of the definition appears deliberate, reflecting an intention to consider increasingly sophisticated technologies, including artificial intelligence tools that can easily recreate an individual’s likeness, voice, or identity. Importantly, liability may arise even where a representation merely appears to depict a real person; actual use of that person\u2019s likeness is not required.<\/p>\n\n\n\n

Bill 24 also extends potential liability beyond the creator of the content by capturing those who “allow” a prohibited representation to occur. This means platforms that distribute content and those that facilitate its dissemination must be mindful of the role they play in enabling the use of unauthorized images or identities in consumer-facing representations, not just the businesses that commission the content.<\/p>\n\n\n\n

While Bill 24 may aim to respond to modern technologies, its underlying principles are not new. Courts have long recognized that advertising may mislead through the overall impression it creates, including through images and other visual elements. Recent disputes involving the unauthorized use of public figures in online advertising demonstrate how identity itself can be a powerful marketing tool. Bill 24 builds upon those principles by recognizing that consumer deception may arise not only from the content of a representation, but also from the unauthorized use of the identity through which that representation is made.<\/p>\n\n\n\n

Bill 24 also introduces enhanced enforcement mechanisms, granting the president of the Office de la protection du consommateur<\/em> broad powers to issue orders requiring a person to cease engaging in the prohibited practice or to stop allowing such a practice to occur. The legislation also permits orders requiring the preservation of evidence by people who are, or may become, the subject of an inspection or investigation, as well as by third parties in possession of relevant evidence. Contraventions may also result in penal sanctions and monetary administrative penalties.<\/p>\n\n\n\n

What this means for businesses using AI-generated content<\/h2>\n\n\n\n

Organizations are increasingly experimenting with AI-generated advertising, including synthetic voices, digitally altered spokespersons, virtual influencers, and marketing content created using generative AI tools. As the technology becomes more sophisticated, businesses can generate highly realistic representations of individuals with minimal effort and at relatively low cost.<\/p>\n\n\n\n

Bill 24 serves as a reminder that the legal risks associated with these technologies are not limited to privacy concerns or intellectual property disputes. The unauthorized use of a person’s image, voice, likeness, or identity may itself constitute a prohibited business practice under Quebec consumer protection legislation.<\/p>\n\n\n\n

Businesses should pay particular attention to Bill 24 where they are:<\/h2>\n\n\n\n