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Advertising and Society. Part 1: Foundations Chapter 3. Key Points. Discuss the shape-versus-mirror debate Analyze the legal topics that guide advertising practice List the key regulatory agencies and their responsibilities Explain the way the advertising industry regulates itself

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advertising and society

Advertising and Society

Part 1: Foundations

Chapter 3

key points
Key Points
  • Discuss the shape-versus-mirror debate
  • Analyze the legal topics that guide advertising practice
  • List the key regulatory agencies and their responsibilities
  • Explain the way the advertising industry regulates itself
  • Critique the key ethical issues that challenge the practice of advertising
  • Outline three ways to determine if an advertising decision is ethical
advertising s societal role
Advertising’s Societal Role
  • Does advertising create a materialistic culture or does it simply reflect it?
    • Critics believe that advertising has the power to shape social trends and the way people think and act
    • Advertising professionals believe advertising mirrors values rather than sets them
  • Advertising can potentially shape and mirror values
review and regulation of advertising
Copyright Protection

Trademark

Copyright

First Amendment

Commercial speech

Only truthful commercial speech is protected, not misleading or deceptive statements

Review and Regulation of Advertising
advertising s regulatory environment
Federal Trade Commission

Regulating deception

Regulating substantiation

Remedies for deception and unfair advertising

Deceptive advertising misleads customers by making claims that are false

Advertising’s Regulatory Environment
advertising s regulatory environment1
Federal Trade Commission

Regulating deception

Regulating substantiation

Remedies for deception and unfair advertising

The advertiser should have a reasonable basis for making a product claim

Advertising’s Regulatory Environment
advertising s regulatory environment2
Federal Trade Commission

Regulating deception

Regulating substantiation

Remedies for deception and unfair advertising

Consent Decrees

Cease-and-Desist Orders

Corrective Advertising

Consumer Redress

Advertising Agency Legal Responsibility

Advertising’s Regulatory Environment
advertising s regulatory environment3
Food and Drug Administration

Oversees package labeling, ingredient listings, and advertising for food and drugs

Watchdog for drug advertising

Federal Comm. Commission

Can issue and revoke licenses to broadcasting stations

Can ban messages that are deceptive or in poor taste

Advertising’s Regulatory Environment
advertising s regulatory environment4
Other Regulatory Bodies

Bureau of Alcohol, Tobacco, and Firearms

U.S. Postal Service

States’ Attorneys General

International Regulations

Marketing practices vary in legal and regulatory restrictions

International advertisers should have someone in the country who knows the local laws

Advertising’s Regulatory Environment
media review of advertising
Media Review of Advertising
  • The media attempts to regulate advertising by screening and rejecting ads
  • The First Amendment gives any publisher the right to refuse to publish
  • The Advertising Review Council designed the standards and guidelines used by major television networks
self regulation
Self-discipline

Industry self-regulation

Self-regulation with outside help

Most advertisers and agencies have in-house review procedures

Every element of a proposed ad should be evaluated by an in-house committee or lawyers

Self-Regulation
self regulation1
Self-discipline

Industry self-regulation

Self-regulation with outside help

National Advertising Review Council

National Advertising Division

National Advertising Review Board

Negotiates voluntary withdrawal of deceptive advertising

Self-Regulation
self regulation2
Self-discipline

Industry self-regulation

Self-regulation with outside help

Local Groups

Consumer Groups

Self-Regulation
question to ponder
Question to Ponder

Is self regulation really in the best interests of the advertising industry?

Is self regulation motivated by benevolence or business sense?

advertising ethics
A set of moral principles that guide actions and create a sense of responsible behavior

Six key issues

Poor taste and offensive advertising

Stereotyping

Body and self image

Targeting children

Misleading claims and other message strategies

Controversial products

Advertising Ethics
advertising ethics1
Poor Taste/Offensive

Advertisers and media outlets must try to be sensitive to consumer objections

Creating guidelines for good taste is difficult

Sex in advertising

Advertising Ethics
advertising ethics2
Advertising Ethics

Reinforcing Stereotypes

  • Diversity Issues
  • Gender Roles
  • Racial and Ethnic Stereotypes
  • Senior Citizens

Body and Self Image

  • Self-image advertising can contribute to self-improvement
  • Can also lead to dangerous practices
  • Advertising mirrors and shapes the standard of attractiveness
advertising ethics3
Children

One of the most controversial topics in the industry

Children are unable to evaluate advertising messages and make purchasing decisions

Advertising Ethics
advertising ethics4
Advertising Ethics
  • Misleading Claims

Advertising claims are unethical if they are false, misleading, or deceptive

advertising ethics5
Controversial Products

Though it is acceptable to advertise these products, it is still offensive to some

Advertising Ethics
determining what is ethical
The social ethic

The professional ethic

The personal ethic

The “Golden Rule”

Social responsibility motivates a business to make a positive impact on society

Determining What is Ethical
determining what is ethical1
The social ethic

The professional ethic

The personal ethic

Industry standards help with a decision about what is ethically correct

A code of standards identifies how professionals should respond when facing an ethical dilemma

Determining What is Ethical
determining what is ethical2
The social ethic

The professional ethic

The personal ethic

Personal judgment and moral reasoning rests on an intuitive sense of right and wrong

Advertising professionals must be aware of industry standards as well as ethical questions

Determining What is Ethical
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