Commentary

Cass Sunstein to Advertisers: Free Will Is Your Business Model


In a recent conversation, Professor Sunstein’s first on the subject of his forthcoming book, Manipulation: What It Is, Why It's Bad, What to Do About Harvard Law professor Cass Sunstein delivered a timely and pragmatic message to the advertising industry: the capacity of individuals to make informed, autonomous choices is not only a philosophical concern. It is a business risk factor.

Sunstein’s central argument is straightforward: when advertising tactics erode deliberative choice—through manipulative targeting, opaque algorithms, or behavioral nudges that obscure intent—marketers risk more than ethical censure. They risk losing consumer trust, regulatory goodwill, and long-term brand equity.

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Sunstein offers practical solutions. Firms should consider operationalizing ethics: incident reporting mechanisms, behavioral review processes, and transparent standards for AI-driven campaigns. These are not constraints. They are governance tools, akin to cybersecurity protocols—that reduce volatility and reinforce reputational strength.

The implication is clear. Influence, used without constraint, invites scrutiny. Used transparently, it becomes a durable commercial asset.

To that end, the IAE is working closely with Professor Sunstein, as well as volunteer executives and professionals from Procter & Gamble, Mastercard, academic institutions, and government officials to revise and modernize the IAE Principles—setting new standards for ethical influence in the AI era.  Professionals seeking to align with these standards can pursue certification through the IAE’s CEAE program, now adopted by professionals at over 200 firms and universities.  We welcome all comers. In a shifting regulatory and consumer landscape, ethical leadership is not a tagline, it is a business strategy.   

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