• How effectively is the advertising industry regulated?

-d

Today’s focus

What can you remember?

• Here are some clues...

What can you remember?

• Here are some clues...

What can you remember?

• Here are some clues...

What can you remember?

• Here are some clues...

What can you remember?

• Here are some clues...

What can you remember?

• Here are some clues...

The ASA

• The Advertising Standards Authority ensures that adverts are legal, decent, honest and truthful and that they do not mislead, harm or offend and are socially responsible.

Simples!

Pre-regulation

Why wouldn’t these ads be allowed now?

Pre-regulation

1965 advertising of cigarettes is banned on TV.

2003 the ‘Tobacco Advertising and Promotion

Act’ came into force, prohibiting the advertising and promotion of tobacco

products.

Misleading

Carbolic Smoke Ball Company, 1890s

Coca-Cola 1890s

Vigor’s Horse-Action Saddle, 1897

Pears Soap 19th Century

“Bringing civilization to thedark corners of the earth”

The Soda Pop Board of America, 1950s

Advertising today

• What makes people complain about ads?• In 2011 the ASA handled 31,458 complaints

about 22,397 ads.• They ruled 4,591 had to be changed or

withdrawn.• What do you think people complain about?

Regulation today

The importance of context

Context: Youtube

What is being advertised?

What was the complaint made to the ASA?

Context: Youtube

What was the complaint made to the ASA?

The Advertising Codes require that ads should not be likely to be of

particular appeal to children or young persons, especially by reflecting, or

being associated with youth culture...

Context: Youtube

What was the complaint made to the ASA?

The Advertising Codes require that ads should not be likely to be of

particular appeal to children or young persons, especially by reflecting, or

being associated with youth culture...

Complaint upheld (advert

banned).

Context – A pop-up ad on a website in paid-for ad space.

Advert for a ring tone featuring the American ventriloquist, Jeff Dunham, with his dummy, “Achmed, the Dead Terrorist”. The ringtones used some of the phrases from Mr Dunham’s act, including, “Silence! I kill you!”, “Stop touching me” and “Knock, knock. Who’s there? Me. I kill you.”

What was the complaint?

Context – A pop-up ad on a website in paid-for ad space.

Advert for a ring tone featuring the American ventriloquist, Jeff Dunham, with his dummy, “Achmed, the Dead Terrorist”. The ringtones used some of the phrases from mr Dunham’s act, including, “Silence! I kill you!”, “Stop touching me” and “Knock, knock. Who’s there? Me. I kill you.”

A viewer challenged whether the ad was offensive because it was

racist towards Muslims.

The ASA noted that at no time did the ad make any reference to

terrorism or the Islamic faith, and therefore concluded the ad was

unlikely to cause serious or widespread offence.

Not upheld

Context – In a children’s clothing catalogue.

Context – In a children’s clothing catalogue.

Banned!

Context – Poster on the side of a bus where anyone could see it at any time.

Context – Poster on the side of a bus where anyone could see it at any time.

Banned!

Advert for Beyonce’s ‘Heat’ perfume.Context – on TV at 8 pm.

http://www.youtube.com/watch?v=76lPciEip3A

Context – This poster formed part of a sponsorship

campaign by Durex for Take That’s concert tour.

Context – This poster formed part of a sponsorship

campaign by Durex for Take That’s concert tour.

Complaint not upheld

What is being advertised here?

BANNED

Harmful/irresponsible ads

• What could be considered harmful/irresponsible about the following adverts?

Criminal Damage (2012)

Levi’s (2012)

Peroni (Miller Brands UK) (2012)

Win Green Trading Company Ltd (2011)

Miu Miu (Prada) (2011)

Drop Dead Clothing (2011)

no added sugar Ltd (2010)

Puma AG (2010)

Betfair (2009)

Wells & Young Brewing Company (2009)

Righteous Kill (2008)

Misleading ads

• Why might these adverts be considered misleading?

Snickers (Mars Chocolate UK) (2012)

This is an image of Rio Ferdinand. The tweet reads, “You’re not you when you’re hungry.”

Nike (UK) Ltd (2012)

Coca-Cola Great Britain (2011)

L’Oréal (2011)

Reebok EasyTone Curve trainers (2010)

Kellogg’s (2009)

POM Wonderful LLC (2008)

Shell (2007)

UK Tea Council (2007)

Ribena Tooth Kind (2000)

Offensive ads

• What might be considered offensive in the following?

Antonio Federici (2009)

British Humanist Association (2009)

The Christian Party (2009)

Diabetes UK (2008)

Department of Health (2007)

Department of Health (2007)The ASA received 774 complaints about

this anti-smoking TV and poster campaign. The ASA ruled that the adverts were

suitable to be seen by adults, but not by children.

The advertiser had to take steps to ensure the adverts would not be seen by children.

Moving Image

• This is one of the most complained about ads in recent history!

• 1,089 viewers complained.• Why?

Paddy Power

• 220 people complained it was offensive to blind people.• 1070 complained that it might encourage cruelty to

animals.

• The ASA decided the complaints were not upheld.No breach of rules regarding likelihood of causing harmor offence, did not encourage or condone violence orcruelty, would not cause serious distress, didn’t showharmful or negative stereotypes.

Paddy Power plc – July 2010Not upheldThe ASA said it was not offensive in itself to create anadvert referring to people with a disability.

Paddy Power said it featured an action “so unlikely thatit was absurd”.

Paddy Power said the advert did not show the cat beingkicked or suffering any violence or cruelty. It was clearlyand deliberately shown to be unharmed at the end ofthe item.

Paddy Power had chosen a blind football match topromote a lesser-known sport – the World Blind FootballChampionships were going to take place in 2010.Paddy Power produced a letter of support from themanager of the England Blind Football Team.

All the players in the ad were actual blind football players,many of whom had represented the national side.

The ASA’s final decision was:

1. The action in the ad would be interpreted by mostviewers as a humorous depiction of a fictional situation,with the humour derived from surreal and improbablecircumstances, when an unforeseeable and accidentalaction occurred.

2. It was unlikely to be seen by most viewers as maliciousor implying that blind people were likely to cause harmto animals whilst playing football.

3. The ad was unlikely to be seen as humiliating,stigmatising or undermining to blind people and wasunlikely to cause serious or widespread offence.

What do you think about these?

Shock Tactics

• Is this OK?

So, regulation...

• What is the ASA?• What is CAP?• What is Admark?• What’s Ofcom’s role?• What’s Clearcast?• How effective is the ASA?

General regulation info:

• Formed in 1962, the ASA is the watchdog.• CAP draws up the codes.• The ASA decides if adverts breach the codes.• Admark was set up in 2000 (as part of the

ASA) to monitor advertising on the internet.• Ofcom is still ultimately responsible for

TV/Radio ads.

Complaints

• The ASA investigate.• If the complaint is ‘upheld’ then the advertiser

is required to remove/amend the ad. They are prohibited from using similar approaches in future marketing.

• The ASA promotes itself as highly effective, however sanctions are weak and compliance variable.

Sanctions• Possible sanctions are trading restrictions, withdrawal of

financial benefits and derecognition. The ASA have no powers to fine or take legal action.

• Advertisers risk having expensive campaigns pulled, but the campaigns have usually finished before adverse adjudications are made.

• One of the ASA’s principal tools is negative publicity in the media or on its website, however some marketers use this to generate publicity for shock ads; to amplify campaigns or to promote their defiance (eg fcuk flouting the ASA’s ruling from 1997 to 2004).

Legal stuff

• On the other hand, the system is underpinned by ‘backstop’ legal powers: advertisers can be referred to the Office of Fair Trading and broadcasters can be referred to Ofcom. Failure to comply can result in fines or imprisonment.

• In 2007, there were 24,192 complaints about 14, 080 ads. Only 2, 458 were changed or withdrawn.

Pre-clearance

• ‘Clearcast’ checks ads on behalf of TV broadcasters (before they are aired).

• ‘Radio Advertising Clearance Centre’ checks radio ads.

• There is no pre-clearance for internet ads.• The CAP code applies to internet adverts in paid-for

space (eg banners, pop-ups, on-line sales promotions). This means the ASA rejects the majority of complaints as they are outside its remit. Handy.

• Using specific examples, discuss how effectively the advertising industry is

regulated.

• Have a look at www.cap.org.uk and www.asa.org.uk• Make sure you are familiar with the work of these 2

organisations.• Check out the ‘rulings’ tab on the ASA website.• Review your class notes.• Write something amazing.