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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”
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Covert advertising – type of unfair advertising
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
No legal control over unfair advertising - lack of definition and general ban on covert advertising
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.
Advertisements not recognizable as suchmislead consumers – type of misleading advertising
The approach confirmed by:
All advertisements should be legal, decent, honest and truthful
Co-regulation: ASA + Ofcom
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
reg. 7 of E-Commerce Regulations 2002
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.
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)
(Sec. 10 Ofcom Broadcasting Code)
Debate on the liberalization of rules on product placement (both in the UK and EU)