Unraveling ageism and workplace age discrimination
By Sally Pritchett
CEO
Ageism is the most common form of workplace discrimination, but it is not often talked about. It’s time for that to change.
With five different generations working together for the first time, age discrimination is something that is particularly affecting both younger workers who are starting their careers and people aged 50 and over.
But what can we do to help as communicators? It starts with increasing our understanding of what age discrimination is, and what we can do to create safer, healthier and happier workplaces for employees of all ages.
What is age discrimination?
Age discrimination occurs when someone is unfairly disadvantaged based on their chronological age. In the UK, age is a protected characteristic set out in the Equality Act.
Ageism refers to treating someone unfairly due to their age, including negative stereotypes, prejudice, or discrimination. In the workplace, this discrimination often manifests through biased hiring practices, limited advancement opportunities, and unequal treatment.
One in three people in the UK report experiencing age prejudice or age discrimination.
Centre for Ageing Better
Typically, ageism is U-shaped across a person’s lifetime, with the youngest and oldest workers most likely to suffer from age-based discrimination.
Despite one in three people in the UK reporting experiencing age discrimination, very few cases are prosecuted under the Equality Act, indicating a lack of seriousness in addressing this issue.
In the UK, like across much of the world, our population is undergoing a massive age shift. By 2050, one in four people will be over 65. Among countries with ageing populations, raising retirement ages and extending working lives is widely viewed as an economic necessity. This means that age diversity in the workplace is set to continue to widen.
Age discrimination against older workers
Older workers, including Gen X (those born between 1965-1976), Baby Boomers (1946-1964) and Traditionalists (1945 and earlier) often report encountering age-related stereotypes and myths that can undermine their confidence and capabilities.
These negative stereotypes influence not only how people are treated by others, but also how people view their own ageing. Stereotypes like technological ineptitude or resistance to change can marginalize the contributions of older workers and restrict opportunities for their career progression.
The workplace is an all-too-common setting for ageism, and negative attitudes towards older workers risk harming not just older people but the economy at large. With a third of the workforce now over 50, ageism risks jeopardising business success and economic growth.
A study found that 52% of over 50s who have searched for work in the past five years believe their age made employers less likely to hire them, exacerbating feelings of exclusion and diminishing morale in the workplace.
People in their 50s and 60s most commonly experience age discrimination in the workplace.
Centre for Ageing Better
In another recent study, 11% of workers over the age of 50 said they have had comments or ‘jokes’ from colleagues or managers relating to their age, 4% said they have considered leaving their job because they feel they are discriminated against because of their age, and 29% don’t think their workplace values older workers.
Negative age stereotypes are also associated with worse health outcomes, including a reduction in longevity and an increased risk of dementia. Along with age discrimination in society, internalised ageism can discourage older workers from embracing the behaviours and opportunities that would enable them to fully participate within the workforce.
Age discrimination against younger workers
Going back at least 2,500 years, there’s a longstanding tradition of older generations pointing fingers at younger people for society’s troubles. Now, as Gen Z (those born between 1996-2015) steps into the workforce, they find themselves bearing the brunt of these accusations, just like Millennials (born between 1977-1995) did before them.
Younger employees can be perceived as lazy, less reliable, less organised, selfish, and poorly motivated simply because of their age. This can result in them being overlooked for training opportunities, greater responsibilities, and promotions. Younger workers also tend to receive lower pay and benefits relative to similarly experienced older workers and tend to be at greater risk of being laid off during a downturn.
A study across the US, UK, France, and Germany found that 52% of younger employees had witnessed or experienced ageism in the workplace
Celebrating a multi-generational workforce
Communicators have a pivotal role to play in breaking down barriers and creating workplace cultures where people of all ages are valued, empowered, and able to flourish. By challenging age-related biases and fostering an environment of respect and appreciation, organisations can look to unlock the full potential of their workforce.
One in five employers think age discrimination occurs in their organisation.
Centre for Ageing Better
If you’re looking for support in communicating with employees across diverse generations and building a cohesive culture regardless of age, talk to us. Together, we can break down barriers and create workplace cultures where people of all ages are valued, empowered, productive and able to flourish.
Join the conversation
Tune In: Uniting the multi-generational workforce
Our CEO Sally Pritchett will be joined by two expert speakers for an insightful exploration into the voices of the multi-generational workforce – uncovering strategies to improve relationships, enhance communication, and boost productivity.
Join the guestlist: https://www.tickettailor.com/events/somethingbig/1216229
Unifying the multi-generational workforce
By Sally Pritchett
CEO
We're raising our voice on multi-generational workforces. Find out how you can create an inclusive workplace for #GenerationAll.
Workplaces are becoming more multi-generational – for the first time, five different generations are working together. From Gen Z to traditionalists, each generation brings its own perspectives, experiences, and preferences to the workplace. Understanding these differences can help us create generationally inclusive workplaces where everyone feels like they belong.
These generational differences, combined with negative stereotypes and misconceptions, are affecting employee relationships. However, only 6% of organisations strongly agree their leaders are equipped to lead a multi-generational workforce effectively. Businesses need to get ready to support a changing workplace to ensure generational differences positively impact relationships, communication and productivity.
For the next month, we’re raising our voice on multi-generational workforces. We’ll be helping you understand the challenges and opportunities a multi-generational workforce presents and how your business can create an inclusive workplace for #GenerationAll.
Expand your knowledge
Unraveling ageism and workplace age discrimination – Ageism is the most common form of workplace discrimination, but it is not often talked about. It’s time for that to change.
Five ways to improve collaboration within a multigenerational workforce – Learn how to foster collaboration across generations in the workplace with five practical strategies.
Join the conversation
Tune In: Uniting the multi-generational workforce
Our CEO Sally Pritchett will be joined by two expert speakers for an insightful exploration into the voices of the multi-generational workforce – uncovering strategies to improve relationships, enhance communication, and boost productivity.
Join the guestlist: https://www.tickettailor.com/events/somethingbig/1216229
Raising the profile of HR: strategies for shaping perception and impact
By Sally Pritchett
CEO
HR has never been more essential. But how can you elevate the profile of HR to drive transformative change, foster a thriving organisational culture and begin to change the professional stereotype?
With global uncertainty – conflicts, climate change, and economic struggles – employees are navigating tough times. They’re also increasingly seeking a stronger sense of belonging and purpose in their work. On top of this, challenges such as multi-generational workforces, a healthcare system under extreme pressure, and a growing burnout and mental health crisis are compounding the difficulties for HR. And ever present are the rapid technological changes and heightened concerns about AI and automation. These all combine to make HR’s role more vital – and complex – than ever.
Never more has HR needed to be positioned as a strategic partner, contributing valuable insights to decision-making.
Examining the reputation of HR
On the 19th April, we were delighted to host a virtual discussion for HR leaders focusing on raising the HR profile both externally and internally. Our CEO and Co-Founder, Sally Pritchett was joined by expert in HR PR, Kay Phelps, and together they discussed the impact of the negative media narrative on HR.
Kay shared a range of recent headlines from ‘What’s the point of HR?’ (FT Podcast) and ‘How the HR monster destroyed the workplace’ (Telegraph) to the rather depressing ‘Why everyone (still) hates HR’ (TLNT) and ‘HR viewed as least productive department by employees’. (HR Magazine).
Kay and Sally reflected on the adage ‘sticks and stones can break my bones but words can never hurt me’ suggesting that in this case, it appears that words are hurting the professional reputation of the HR function with 83% of HR professionals believing that HR is suffering from a tarnished reputation (Cezanne/HR Ninja research) and 54% of HR professionals feeling they rarely or never receive recognition for their efforts.
But there’s evidence that the damage is far worse than purely this tarnished reputation within organisations with poor and ever-diminishing investment in HR clearly out of balance with other functions.
Average HR function spend (as a percentage of revenue) stands at just 0.76% in comparison to other better-funded functions like Finance achieving 1.30%, IT at 3.25% and even marketing (a previously also function challenged by its reputation as a colouring in the department) now achieving a whopping 7.5%. (Gartner research)
Worst still, this underfunding is potentially set to worsen as 25% of 2023 HR budgets decreased year on year, (adding to a decrease of 12% in the previous year). (Fortune)
Strategies for shaping perception and impact
HR’s role in the business is expanding rapidly, encompassing critical areas such as workplace culture, diversity, equity, and inclusion (DEI), employee well-being, and talent acquisition. This includes fostering a sense of inclusion, belonging, and psychological safety, as well as aligning the workforce with the organization’s purpose and creating fulfilling roles. HR is also tasked with navigating the complexities of hybrid working arrangements, engaging a diverse workforce, and ensuring a seamless employee experience from start to finish. Furthermore, HR plays a pivotal role in talent retention amidst a competitive landscape, bridging generational gaps, supporting executive development, and preparing for the AI-enabled future of work. Amidst organizational transformations, HR juggles these responsibilities alongside redundancy programs, restructures, and job redesigns. The scope of HR’s remit is ever-expanding.
With HR being the least funded function and investment headed in the wrong direction whilst the remit and complexity of strategic HR’s role growing, Sally and Kay were keen to create a circuit breaker, seeking practical and tangible ways to help HR leaders move forward.
Sally reflected on a similar challenge a decade ago in her career, supporting a shift in the reputation of a marketing function including successfully increasing team size, budget and strategic profile within the business after three years of educating the wider business, shifting narrative from output (delivery) to impact (the difference made).
Kay and Sally shared their advice on building personal profiles, leveraging external media, engaging in the HR award landscape, educating their internal stakeholders and demonstrating their strategic contribution.
To find out more about their advice, watch the video below, or book a call to talk about your challenges with Sally here.
Championing workplace health, wellbeing and safety
By Sally Pritchett
CEO
In this article we share insights for internal communications leaders on a quest to move the dial on health, wellbeing and safety conversations.
The conversation on health and safety at work has been shifting for some time now. The emphasis used to be on safety, prioritising physical injury prevention, such as addressing slips, trips, falls, proper lifting techniques, and the importance of PPE, or adherence to safety protocols for tasks at heights. However, there has been a notable shift towards a more comprehensive perspective, encompassing not only physical safety but also considerations of health and wellbeing.
At Something Big our mission is to make a meaningful difference to workplaces, making them fairer, healthier and happier for all. In this article, we’re unraveling a little more on what we might mean by a ‘healthier’ workplace.
What is a healthy workplace?
We often refer to an organisation only being as healthy as its people, so it’s great to unravel what that might look like in the context of a world where according to the World Economic Forum we’re living longer but not necessarily healthier. Interestingly wealth has often also been seen as a measure of health, the thought that those with money could therefore afford better food, lifestyles and would automatically thus be healthier. We now know that wellbeing is not this linear.
If we narrow health down to the workplace we can see some clear buckets of health and wellbeing including:
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Physical injuries (perhaps the heartland of HSE)
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Cancer (an area of opportunity for employers to provider better support)
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Cardiovascular disease (the largest global killer according to the WHO)
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Respiratory conditions
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Macular degeneration
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Mental health issues (a topic of much greater awareness in the past few years)
When we consider these six themes it’s clear that much of our HSE effort in the workplace focuses in on a small part of the wider topics.
Of course, the nature of risk varies depending on the industry in which an organisation operates. Physically demanding industries may understandably prioritise injury prevention, while desk-oriented businesses are increasingly focused on mental wellbeing.
It may be useful to consider the nature of your workforce to spot who may need what support:
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Outdoor workers who may have physically demanding roles
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Indoor workers, desk-based workers, in particular those working from home may now have very sedentary or lonely roles
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Workers in high-stress roles, like those with abusive customers or in traumatic situations
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Vulnerable workers, like pregnant people, older adults, or employees with disabilities
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Workers from challenging demographics, such as those facing language barriers or discrimination for example.
Looking at the workforce through this lens enables communications and support to be more tailored and as a result more effective.
Whichever sector an organisation operates in or whatever the makeup of their workforce, it’s critical that organisations drive the health, wellbeing and safety agenda. Here are top three tips for successfully leading the wellbeing conversation in the workplace:
1. Avoid the ‘one and done’ approach
Whilst celebrating awareness days like World Day for Safety & Health at Work are great, try to avoid big campaigns being the only time in the year to communicate with the workforce. We find creating sustainable and meaningful awareness and driving healthy cultures requires a rumble and roar approach. There needs to be year round, always on, communication supported by big campaign ‘roars’ a couple of times a year to be the most effective.
2. Make your messaging clear (and then repeat it often and consistently)
There is such truth in the quote “If I’d had more time, I would have written a shorter letter” but any communicator will know that creating simplicity and clarity of message are the hardest parts of their role. With multiple messages being crammed into every communication the role of Chief Editor is a critical one. The most effective communications are well-positioned, quick, to the point and clear on what the audience need to think, feel and/or do. The well-established single-minded proposition approach applies so well here and can create a disciplined approach to HSE messaging.
To ensure consistency of message, an audit of how an employee may be communicated to during their work is really useful here. From their recruitment process to inductions and onboarding, through to daily supervisor communications or annual refreshers, it’s important to ensure that the same message is being delivered.
3. Avoid empty communications
‘Empty communications’ is a phrase we refer to a lot, alludes to the words not backed up by actions. In the case of HSE, ’empty communications’ would be walls plastered with ‘Safety First’ posters whilst only delivering a first aid kit, limited PPE and an acceptance of stressed, burning out employees. How do Internal comms professionals avoid this disconnect? By working closely with stakeholders to ensure that what their communications are expecting / asking of employees is realistic and practical.
Championing workplace safety – an inside look at a multi-award-winning communications program
In today’s complex landscape, workplace safety is more important than ever. In this concise session, you will discover the innovative strategies and practices that go into creating a multi-award winning health and safety program.
In this live showcase our Commercial Director, Felicity Allen and Creative Director, Sam Hennig, explored the global DHL Supply Chain ‘Our Safety is in Our Hands’ program. This program, winner of Best Frontline Campaign at the Simplys and Platinum at the MUSE Creative Awards, is currently a finalist for the 2024 Safety and Health Excellence Awards in the Best Campaign category.
If you’re looking for a health and safety campaign that reaches the frontline, elevates safety standards within your organisation, protects your people and fosters a culture of wellbeing – let’s talk.
5 ways to engage employees with your sustainability communications
By Sally Pritchett
CEO
Improve employee engagement with your sustainability communications with these simple, but effective, strategies.
Living a more sustainable life requires us to change our behaviour, make ongoing commitments and sometimes make sacrifices – but despite all this, it’s not always easy to see the rewards of our hard work.
When we recycle or use the circular economy, the planet and the headlines don’t change. We’re still hearing that climate change is going in the wrong direction, despite the collective action we are all taking. And that’s why we’re starting to see more people experiencing sustainability fatigue.
What is sustainability fatigue?
Simply put, sustainability fatigue is a phrase that describes how people feel when, despite making choices that are better for the planet, they constantly see negative environmental news and start to think the changes they are making aren’t making a difference. So they start to make less effort or even give up altogether.
The challenges of sustainability fatigue
Sustained behaviour change is not easy
Humans are psychologically wired to value the things we already have more than those we don’t have. When it comes to encouraging people to embrace more sustainable lifestyles, asking them to let go of something they’re emotionally connected to is a challenge.
Making changes might not be cheap
Humans are facing a dilemma; they want to make changes that positively impact the environment but can’t always afford to do so. With 21% of people saying it is too expensive to make changes, this could be stopping people from living their lives as sustainably as they would like to.
The extent of change required is overwhelming
As people ocellate between taking proactive action and feeling overwhelmed by the lack of progress, it’s no surprise that climate anxiety is rising – more than 80% of British adults say they have some level of concern about climate change. These feelings of concern are as real as climate change itself, so it’s no wonder people aren’t sure where to start, what to believe or where to focus their action.
Whilst people may be facing these challenges in their personal lives, sustainability has scaled the corporate agenda. And many businesses are doing more than ever to have a positive impact on the environment. But have you considered how your communications could provide support to your employees’ personal sustainability journeys?
Strategies for engaging employees with your sustainability communications
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Change the tone
Remember, people know what’s going on, and many are already anxious. This is especially true for the younger generations who are starting to enter the workforce, with 31% of 16-24 year olds saying they are very worried about climate change. It’s time to try ditching the doom and gloom and lightening up communications, balancing important information with a little fun to raise awareness.
Strategy: Try interviewing your subject matter experts with quick-fire questions or turning educational communications into a quiz-style interview. Giving a voice to real people around your business can help make changes feel achievable and realistic – people need to hear the authentic truth about how colleagues who are similar to them have managed to change their behaviour.
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Get (and keep) talking
It’s more important than ever to keep the conversation going. Communication can reduce anxiety by reassuring employees that your organisation is taking sustainability seriously. Keep employees consistently in the loop with the progress you’re making and bring to life all the achievements (and failures) big and small.
Strategy: Consider whether you could help your Head of Sustainability or key subject matter experts to publish a diary, vlog or blog to continually share their updates.
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Get competitive
As humans, we all fall for a bit of gamification, in and out of the workplace. With 82% of employees say that game elements help provide a greater sense of meaning and purpose in their workplace, gamification can be about more than just a bit of fun.
Strategy: How about challenging different offices, locations or departments to see who can collect the most recycling, reduce their digital storage by the most or carry out the most volunteering?
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Empower your employees
Enabling action is a great way to reduce anxiety and get change happening. How you empower your employees will depend on the kind of organisation you are, but remember your front-line workers might have the answers to make big changes.
Strategy: Try brainstorming ways your employees can practice more sustainable activities at work, from switching off lights to having a digital declutter, give them tangible things they can take action on and possibly implement at home too.
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Start a movement
Building a growing community of employee advocates and champions is a great way to build up momentum. With 66% of employees rating employee resource groups as an effective way to foster a sense of community, this can provide an opportunity for employees to bond and engage, as well as taking the benefit of taking positive action.
Strategy: Sustainability employee resource groups or Green Teams are a great source of new ideas, from how to reduce waste to setting up recycling hubs, and internal employee swap shops to creating an onsite vegetable roof garden.
If you’re in search of ESG communication experts to engage employees with sustainability communications, then look no further – you’ve found us! We would be delighted to hear from you to explore the possibility of partnering together.
Exploring fresh graphic design in creative communications
By Sally Pritchett
CEO
Explore the freshest trends in graphic design and find inspiration to create communications that connect with your audience.
As spring is blooming all around us, there’s no better time to infuse your creative communications with the spirit of renewal and growth. In this article we’re sharing what’s been inspiring us lately and examining some of the design trends we’re excited to see.
Sustainability and purpose-driven branding
Sustainable design is not a trendy, niche approach, it’s fast becoming a core principle. Consumers are looking for brands that align with their values and have a clear social or environmental mission. Brands that can effectively communicate their purpose and demonstrate their commitment to making a positive impact are likely to resonate. Customers are placing more value on products and services that prioritise sustainability, with studies finding that 81% of consumers believe brands should actively work to protect the environment.
From a design style perspective, we’re seeing a lot more thought go into packaging. Not just classic recyclable material and eco postage, but packaging being reusable or rethinking it by giving it a second life.
Sustainability conscious styling is starting to shift away from cliche ‘green’ to using a wider palette of nature through muted blues, beige and pinks to represent sustainability alongside the classic textured, earthy feel.
Amble Outdoors | Sustainable clothing
As well as seeing these visual changes, the messaging is diving deeper. As a more well-informed audience which has growing concern over climate change and other environmental issues, consumers are increasingly looking for brands that prioritise sustainability. Messages and campaigns are bold and calling people out when they’re greenwashing or contributing to negative sustainable practices, working towards a force for change.
Make My Money Matter | Oblivia Coal Mine
The continued rise of AI
AI has made a huge impact on the marketing world over the last year. While the creative industry may feel under pressure from generative AI tools, it has also never felt so full of potential and scope for growth. AI is streamlining the design process, providing insights and generating multiple styles quickly. And AI is not going anywhere! AI is only going to get bigger and better, especially as us as humans learn to control it and manipulate it.
In this recent survey by It’s Nice That, 83% of creatives in the industry are already using AI tools. There are still ethical concerns around bias – which still need a human eye to carefully consider outputs – and legal concerns around plagiarism but the technology will undoubtedly continue to improve.
Midjourney outputs
Embracing nostalgia
Fashion repeats itself every twenty years or so, and this holds true in design too. The content of nostalgia marketing changes with the generations, as each generation has different cultural references. Gen Z may look to cultural references from the ’90s or early ‘00s, whereas Gen X or older millennials might feel nostalgic about the ’80s and its cultural touchpoints.
We have seen a huge re-emergence of ’90s inspired designs stemming from the iconic Barbie and Mean Girls movies allowing many of us to embrace the childhood nostalgia. This is paving the way for vibrant colours, abstract shapes, funky patterns, and scrapbooking to name a few. These design styles create an emotional bond with the audience, this especially aligns with Gen Z’s growing digital fatigue and their desire for meaningful experiences and authenticity.
Cadburys | Yours for 200 years
Bold type
Sometimes text needs to do the talking. In a world where there is so much visual information thrown at us and video/social media can be so intrusive, a simple message is effective. More campaigns are using simple type to tell the message and make an impact. Simplicity is key. Clean imagery is being used but enhanced by the typography.
B&Q | You can do it
Inclusive design
Inclusive design that is both diverse and accessible has rightly become a staple. Ranging from high-contrast graphics, clear typography, alt text for images, and diverse and inclusive messaging.
Inclusive design enables us to talk to global audiences, breaking down barriers and challenging stereotypes.
Nike | This athlete isn’t just an athlete she’s a mother too.
Impactful communications that connect with people
It’s clear that the world of graphic design is always changing and we’re seeing exciting trends shaping the way we communicate.
But amidst all this change, one thing stays the same: our commitment to making impactful designs that connect with people. Whether it’s telling your brand’s story or spreading a message, we’re here to help. If you’re looking to get cut through with your creative communications, reach out to us. Let’s work together to make something that makes a lasting impression.
Navigating AI together: the risks of plagiarism and protecting IP
By Sally Pritchett
CEO
In a thought-provoking session on AI, plagiarism and IP, we unravelled the challenges facing communicators using generative AI.
In our most recent ‘Navigating AI together’ session, we went on a journey to explore the legal challenges around the use of generative AI tools. We were delighted to be joined by Alex Collinson from Herrington Carmichael, a seasoned expert in commercial and intellectual property law.
The purpose of the ‘Navigating AI together’ series is to foster a community dedicated to responsible AI usage and to work through these challenges with clarity and integrity, together. In this recap of our discussion, we’re shining a light on the issues around AI and charting a path towards ethical and informed AI usage.
What do we mean by intellectual property, copyright and trademarks?
Many of us are likely guilty of using language like intellectual property, copyright and trademarks almost interchangeably. But to understand the legal landscape around AI, we need to get these terms nailed down.
- Intellectual property (IP): refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. IP is protected by laws which give the creators or owners exclusive rights to use their creations or discoveries for a certain period of time.
- Copyright: Copyright grants exclusive rights to creators of original works, such as books, music, and software, allowing them to control reproduction, distribution, and other uses for a limited time. Copyright acts as a deterrent to those who may wish to profit from reproduction, and can be licensed which can create a revenue stream for your business.
- Trademark: Trademarks protect words, symbols, or designs that distinguish goods or services, providing exclusive rights to their owners to prevent confusion among consumers and maintain brand identity.
Common copyright misconceptions
Even before we get into the new, complex and unclear realm of generative AI, Alex shared with us that there are a lot of common misconceptions:
- “Everything on the Internet is free to use”: Contrary to popular belief, just because something is freely available online doesn’t mean it’s in the public domain. Users must be cautious about where they obtain information and how they use it.
- “My name is protected by copyright”: Names and symbols can’t be protected by copyright; instead, they fall under trademark law. Trademarks prevent others from using similar names or symbols that could cause confusion in the marketplace.
- “You have to register your copyright to protect it”: Under English law, there’s no requirement to register copyright. Copyright protection automatically applies to works once they’re created, including artistic and literary works.
What the law says about generative AI
While the law is not quite up to speed with generative AI, Alex shared some interesting case examples to help us better understand the legal landscape.
Copyright
Alex shared with us a high-profile case, Getty Images (US) Inc v Stability AI Ltd [2023] EWHC 3090 (Ch), that highlights the difficulty generative AI is causing within copyright law. Getty Images alleged that Stability AI unlawfully scraped images from other websites to train its AI model, resulting in infringement of copyright and trademarks.
Despite Stability AI seeking summary judgment (without a full trial), the court refused, recognising the novel issues surrounding AI and copyright law. These legal nuances reveal the need for the law to adapt to the evolving landscape of AI technology, with more cases expected to emerge.
It is possible that copyright could be infringed when AI systems are trained, if this process involves copying a substantial part of copyright works that are still within the terms of protection. However, the issue regarding whether copying will be deemed to have occurred where a generative AI system has been trained on copyright works is not straightforward.
Potential issues include:
- Proving the use of copyrighted works in training AI: proving that copyrighted works were used to train and develop a generative AI system poses challenges due to the lack of transparency in data usage.
- Jurisdictional issues: determining the location of training and development activities, especially in cases involving online communication, can be complex. Although even if the activities occurred outside the UK but targeted the UK public, copyright law may still apply.
- Permitted acts under copyright law: Assessing whether any infringement occurred involves considering permitted acts outlined in the Copyrights Act. These acts include fair dealing defences, such as criticism, review, quotation, parody, caricature, and pastiche, which provide exceptions to copyright restrictions.
Trademarks
Given how new generative AI is and the evolving legal landscape, there are very limited case studies available. However, Alex explained how longer existing AI applications may help us to understand potential future legal implications.
AI-driven recommendation systems, commonly used in e-commerce, analyse user data to suggest products based on preferences and behaviour. Amazon, for instance, employs such AI technology.
In the case of Cosmetic Warriors and Lush v Amazon ([2014]EWHC 181 (Ch)), Amazon was found to have used Lush products and branding on its website to attract customers and recommend other products without Lush’s consent. Lush claimed trademark infringement, asserting that its intellectual property rights were violated, with the court ruling in its favour. This case highlights the importance of protecting trademarks within the digital marketplace.
The ethical dilemma
While the law hasn’t yet adapted to the emergence of generative AI, as communicators, we can’t afford to sit back and wait while these tools that can enhance creativity and productivity are available to us. With the ongoing legal uncertainties, it’s up to us to evaluate the ethical implications of our communications practices.
Consider a scenario shared during our session, involving Keith Haring’s artwork and an AI-generated copy produced on Midjourney, a licensed platform. Keith Haring is perhaps most famous for his art used in the iconic Change4Life public health campaign.
The Keith Haring Foundation, a charitable organisation dedicated to children in need and those affected by HIV/AIDS, holds the rights to Haring’s iconic artwork.
However, we posed a hypothetical situation where the government wants to commission a new public health campaign, once again using Haring’s renowned illustrative style. As our Midjourney example shows, instead of licensing art from the Keith Haring Foundation, they could potentially use AI-generated images.
This capability raises ethical and legal concerns regarding intellectual property rights. Despite the AI’s capability to mimic Haring’s style, using these images without consent from the Keith Haring Foundation could potentially infringe upon their IP rights. Not to mention the ethical impact of not licencing the images from a charitable foundation.
This example reflects the importance of ethics when incorporating AI-generated content into communication strategies, while we wait for the law to catch up.
We’d like to thank Alex for guiding us through this complex topic. If you’d like to explore the legal implications of generative AI further, we encourage you to connect with Alex on LinkedIn to stay updated on future discussions and insights.
Navigating AI together
Our upcoming session will delve into the role AI should play in marketing efforts and consider how marketers can best leverage AI to streamline tasks and free up valuable time.
If you’d like to be kept in the loop for details on this insightful discussion, get in touch.
Q3 2024 Awareness Days Calendar
By Sally Pritchett
CEO
Download your free Awareness Days Calendar for Q3 2024.
Don’t miss an important date in the third quarter of the year – July, August and September – with our downloadable calendar that includes key employee wellbeing, sustainability and environmental, and diversity and inclusion awareness days.
These are all important topics that should be high on the agenda for every business. Our Q3 2024 Awareness Days Calendar can help you:
- Make plans for employee wellness programs
- Highlight your sustainability efforts
- Stay focused on diversity and inclusion initiatives
- Engage employees in meaningful discussions
- Acknowledge important events for both colleagues and customers.
If you’re looking for support to make the most of these opportunities, get in touch to see how we can help.
Download our Key Awareness Days Calendar for Q3 2024
4 steps to making generative AI an ally to inclusion
By Sally Pritchett
CEO
Discover four practical steps to mitigate bias in generative AI and ensure inclusive, authentic representation in your AI-powered communications.
AI offers amazing opportunities for communicators, from writing creative content to bringing to life a visual idea in a matter of seconds. But its power comes with a challenge: inherent biases.
Generative AI has been trained on human-created content, and so has inherited deep-seated bias built in. This bias can, and often does, unintentionally permeate AI-generated content, reinforcing stereotypes and misconceptions.
So as the human hands guiding AI, what can we do to help overcome these biases and use AI as a tool to foster inclusion and authentic representation?
1. Nurturing AI as responsible guides
It’s important that we hold the hand of AI and safely guide it as generative AI learns from the language we use. We need to ensure we understand the EDI landscape ourselves thoroughly first before we can expect AI to generate outputs that are genuinely inclusive and authentically representative.
2. Navigating our human bias
The second step to making AI an ally to inclusive communications is self-reflection. We’re human, and we’re fallible, and it is important to remember that in the context of EDI. As humans, we do form stereotypes – it’s a coping mechanism and our brain’s attempt to simplify the barrage of information we encounter daily.
We must remain vigilant – consciously slowing down and actively recognising these stereotypes within ourselves so we do not bring them into our communications with AI.
3. Increasing awareness of our unconscious biases
Unconscious bias refers to the automatic attitudes and stereotypes that influence our judgments and actions without our conscious awareness. Shaped by our experiences and societal influences, these biases impact how we view others.
If you’re considering using AI within your communications, then you must understand what your own unconscious biases are. The Harvard IATs – Implicit Association Tests – are a useful tool to help you begin to do this. Set up by a collaboration of US researchers in 1998, Project Implicit aims to collect data on our biases as we learn about ourselves. We’d recommended picking a test identity characteristic you think you don’t carry bias on and one you think you do – and see how it plays out. These tests can help you identify where your unconscious biases could influence AI.
4. Learning from our mistakes
AI is still a relatively new tool for many of us – we are still learning how to get the best out of ChatGPT or how to write an effective prompt on Midjourney. We are naturally going to make mistakes as we learn how to use different AI platforms. But we must learn from these and identify where we perhaps need to reword a prompt or change the language, we are using to generate more inclusive results. By taking our time to craft prompts carefully to guide unbiased outcomes we can minimise our mistakes and foster greater inclusion.
But what about if AI makes a mistake and leans on bias or stereotypes? We can help it learn from its mistakes too! By offering corrective feedback, we can help steer AI responses towards being more inclusive.
Navigating AI together
Our ‘Navigating AI together’ workshop series has been providing a safe and open space for communicators to discuss various aspects of AI.
This time, recognising the pressing need, we’re focusing on intellectual property and copyright issues. It’s an area that many communicators have been struggling to grapple with, so in our next session, on Friday 15th March, we’re going to delve into it together.
We are delighted to be welcoming Alex Collinson, from Herrington Carmichael, who specialises in commercial and intellectual property law matters. Alex will lead an insightful discussion covering copyright, brand protection, confidentiality concerns, and real-world cases of AI IP infringement.
Should your business start a podcast?
By Sally Pritchett
CEO
Discover how podcasts can help you engage your customers and employees.
In recent years, podcasts have continued to grow in popularity. In 2021, over 19.1 million people in the UK listened to podcasts, and this is predicted to grow to 28 million listeners by 2026. We’re also seeing people listening to podcasts on a regular basis – 25.5% of people say they listen to podcasts weekly.
Podcasts are becoming an effective communication channel for a whole host of businesses across different industries. Just like how we now consider social media a fundamental way to engage with our customers, marketers and comms professionals are starting to view podcasts in the same way. But podcasts aren’t just relevant for your customers or external audiences, they are a great way to increase engagement with the workforce too.
So how can you effectively leverage podcasts as a communications channel for your business?
Positioning your experts as thought leaders
One of this year’s trends in podcasting is the growing demand for educative content delivered in an entertaining and interesting way, as listeners want to stay informed and be inspired. Podcasts provide an opportunity for experts in your business to reach new audiences and share their knowledge, experience, and insights in an engaging way.
Connecting through real-time interaction
Another podcasting trend growing in popularity this year is live podcasting. Providing real-time engagement and a stronger connection with listeners, live podcasting provides an opportunity to deliver truly authentic content. Listeners have the opportunity to ask questions or guide the conversation in the way they want it to go and engage with speakers on a more personal level.
Exploring your brand personality
With podcasts typically having a more friendly and informal tone, they provide an opportunity for you to bring a more conversational element to your brand personality. Whilst listeners are looking to be entertained by podcasts, many are also keen to learn something new. This presents a real opportunity for businesses to provide informative and interesting content in a relatable and enjoyable way.
Communicating with employees
When communicating with employees, it can sometimes be difficult to break through the noise of day-to-day communications. Office-based employees constantly receive emails or instant messages, whilst frontline staff may be on the road or working in the warehouse where checking these channels might be more difficult. A podcast gives you the opportunity to engage employees through a different channel, perhaps whilst they are driving or commuting.
Giving employees a voice
Podcasts don’t just have to be a way to communicate with employees – they are a great opportunity to give employees a chance to talk about the things that matter to them. Whether you invite employees to be guest speakers or start an employee-led podcast series, this can be a great way to start conversations about important topics within your workforce.
Our top podcasting tips
- Release episodes regularly. People look forward to the next episode of their favourite podcasts being released – just like they would with the next episode of a TV series.
- Make sure your podcast is available on all the most popular platforms, such as Apple Podcasts and Spotify.
- Promote your podcast via your other channels. 32% of people hear about new podcasts through social media.
- Keep the tone conversational and friendly. Listeners typically find these types of podcasts relatable and enjoyable as they can feel like a conversation they would have themselves.
- Consider bringing in guest speakers who are relevant to the target audience.
If you’re looking for support in starting your podcasting journey, we’re here to help. From communications plans to recording podcast episodes, we can provide the support you need.