Covert advertising the notion and regulation in the uk
Download
1 / 14

Covert Advertising - the notion and regulation in the UK - PowerPoint PPT Presentation


  • 401 Views
  • Uploaded on

Covert Advertising - the notion and regulation in the UK . Joanna Wrona . Covert advertising – the notion. Continental law : Covert advertising – type of unfair advertising “la publicité clandestine”, “la publicité cachée , “Getarnte Werbung”

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Covert Advertising - the notion and regulation in the UK' - Leo


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
Covert advertising the notion and regulation in the uk l.jpg

CovertAdvertising -the notion and regulationin the UK

Joanna Wrona


Covert advertising the notion l.jpg
Covert advertising – the notion

  • Continental law :

    Covert advertising – type of unfair advertising

    • “la publicité clandestine”, “la publicité cachée, “Getarnte Werbung”

      Covert advertising - a statement encouraging the purchase of goods and services, that gives the impression of neutral information, thus misleading consumers as to its character

  • English law:

    No legal control over unfair advertising - lack of definition and general ban on covert advertising


The notion of covert advertising in the uk l.jpg
The notion of covert advertising in theUK

  • English law and soft law:

    Advertisements not recognizable as such

    Advertisementsnot identifiable as such

    – the equivalent to covert advertisements

    Advertisement not recognizable as such:

    an advertisement (within the meaning of the relevant regulation) that influences consumers’ economic choices, without them being aware of it and thus misleading consumers as to its character.


The notion of covert advertising in the uk4 l.jpg
The notion of covert advertising in the UK

Advertisements not recognizable as suchmislead consumers – type of misleading advertising

The approach confirmed by:

  • Council minutes of the adoption of the Directive on Misleading Advertising

  • ASA adjudications

  • OFT interpretation


Regulation of covert advertising in the uk l.jpg
Regulation of covert advertising in the UK

  • Self-regulation:

    • The British Code of Advertising, Sales Promotions and Direct Marketing

  • Co-regulation:

    • BCAP Radio Advertising Standards Code

    • BCAP TV Advertising Standards Code

    • BCAP Rules on the Scheduling of Television Advertisements

      All advertisements should be legal, decent, honest and truthful


Regulation of covert advertising in the uk6 l.jpg
Regulation of covert advertising in the UK

  • Statutory lawregulates the areas harmonized at EU level:

    • The Communications Act 2003 – the Ofcom Broadcasting Code

    • The Electronic Commerce Regulations 2002

    • The Control of Misleading Advertisements Regulations 1988


Enforcement l.jpg
Enforcement

  • Broadcast advertising - Ofcom

  • Content of broadcast advertisements –

    Co-regulation: ASA + Ofcom

  • Non-broadcast advertising - Self-regulatory bodies: CAP and ASA

  • On-line advertising – ASA + OFT


Different types of covert advertising l.jpg
Different types of covert advertising

  • Hidden advertisements:

  • Direct marketing

  • Cinema

  • Mobile phone messages

    Rule 22.1 BCASP&DM: marketers, publishers and owners of other media should ensure that marketing communications are designed and presented in such a way that is clear that they are marketing communications


Advertorials advertisement features l.jpg
Advertorials (Advertisement features)

  • Rule 23.1 of BCASP&DM: Advertisement features, announcements or promotions(…)that are disseminated in exchange for a payment or other reciprocal arrangement should comply with the Code if their content is controlled by the marketers rather than publishers.

  • Rule 23.2.: Marketers and publishers should make clear that advertisements features are advertisements(…)


Covert advertising in internet l.jpg
Covert advertising in Internet

  • Requirement of clear identification of:

  • on-line commercial communications (banners, pop-ups):

    reg. 7 of E-Commerce Regulations 2002

    rule.22.1 BCASP&DM

  • unsolicited e-mail commercial communications

    reg. 8 of E-Commerce Regulations 2002

    rule 22.1: Unsolicited e-mail marketing communications should be clearly identifiable as marketing communications without need to open them.


Covert advertising in radio and tv l.jpg
Covert advertising in radio and TV

The principle of clear separation of advertising and editorial material

- the presence of artists/actors in advertisements adjacent to the programme in which they appear (rule 4.2.7 -BCAP Rules on the Scheduling of TV Advertisements)

- the appearance of radio/TV presenters in advertisements broadcasted on the same station/channel (rule 2.1.2 BCAP TV Code & s.2 r. 24BCAP Radio Code)

- resemblance of advertisements to news studio, news style etc. (s.2 r. 1 BCAP Radio and r. 2.1.2TV Code)


Covert advertising in radio and tv12 l.jpg
Covert advertising in radio and TV

  • Prohibition of :

  • undue prominence

  • product placement

    (Sec. 10 Ofcom Broadcasting Code)

    Debate on the liberalization of rules on product placement (both in the UK and EU)

  • Subliminal advertising

    • Banned by rule 2.12 Ofcom Broadcasting Code & rule 5.4.5 BCAP TV Code)


Conclusions l.jpg
Conclusions:

  • Very important role of self-regulatory bodies in the control of covert advertising

  • Soft enforcement measures

  • Much less effective enforcement in the field of broadcast advertising than non-broadcast advertising

  • No action taken in the field of product placement and subliminal advertising



ad