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Keeping digital advertising within the law

Keeping digital advertising within the law. EFCCE Conference 16-17 May, Paris. From www to web 3.0. 30 April 1993: CERN put the www in public domain Today: web 2.0 Tomorrow: semantic web 3.0. Web 2.0. Social networking real & virtual. Web 2.0. Sharing content. Web 3.0.

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Keeping digital advertising within the law

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  1. LHC Building Blocks - Media Law Training Keeping digital advertising within the law EFCCE Conference16-17 May, Paris

  2. From www to web 3.0 LHC Building Blocks - Media Law Training • 30 April 1993: CERN put the www in public domain • Today: web 2.0 • Tomorrow: semantic web 3.0

  3. Web 2.0 LHC Building Blocks - Media Law Training Social networking real & virtual

  4. Web 2.0 LHC Building Blocks - Media Law Training Sharing content

  5. Web 3.0 LHC Building Blocks - Media Law Training • Semantic web: pushing the boundaries of search and intelligent text filtering 60.8% 14% 3.5% Of all global searches in 2007

  6. Advertisingfunds services LHC Building Blocks - Media Law Training • Free services: • Content sharing • Social networking • E-mail hosting • Online searches… • Advertisingprovidesfunding: • Search marketing • Targetedads (display) • On searchengines • On visitedwebsites • In E-mail box

  7. Search marketing income LHC Building Blocks - Media Law Training • US (Forrester) • Search in 2007: 8.05 billion $ • Search in 2012: 25 billion$ • Europe (Jupiter) • Search in 2006: 2.16 billion € • Search by 2011: 13 billion €

  8. Online display ads LHC Building Blocks - Media Law Training • Display • Rich media (animatedadssuch as pop ups or floating, video) • Sponsorship • Banners, skyscrapers… • Targetedadvertising: • Less in quantity • Betteradapted to consumer taste

  9. Online display ads LHC Building Blocks - Media Law Training • Rich media, includingvideo • (DoubleClick) • In 2005: € 230 million • In 2010: € 1.8 billion • Far more effective thanbanners (DynamicLogicMarketNorm 2006) • Rich media ad 1,5 times more likely to generate sales thanstatic ad • Videoads 2,6 times more effective thanstaticads

  10. Are there global rules? LHC Building Blocks - Media Law Training • 1999 OECD guidelines for consumer protection in electronic commerce: • No deceptive, misleading or unfair practices • Advertising & marketing should be clearly identifiable as such

  11. LHC Building Blocks - Media Law Training Vulnerability • ...take special care in advertising or marketing targeted at children the elderly or seriously ill…

  12. Misleadingness & EU law LHC Building Blocks - Media Law Training • 2005 Unfair Commercial Practices directive bans: • any form of commercial communication which cannot be clearly recognised as advertising (considered a misleading & unfair practice)

  13. Misleadingness & EU law LHC Building Blocks - Media Law Training • Examples: • Content integration: commercial or paid-for branded content included within editorial content without explaining that commercial or branded content is advertorial, • Placing branded video or other content on popular networking websiteswithout disclosing that the person posting the content acts as a brand ambassador • Seeding positive messages about a brand in blogs, in a manner implying you are a simple member of the public…

  14. Targeted online ads LHC Building Blocks - Media Law Training • How doesitfunction? • The cookie connection: • Cookies are strings of html text • Placed on our computer via a specificwebsite • Can register the sites wevisitshowingbannersrelating to specificcampaign, for example • Raise issues of privacy

  15. Global privacyrules LHC Building Blocks - Media Law Training • 1948 UN Universal Declaration of Human Rights, Article XII: • No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

  16. Global privacyrules LHC Building Blocks - Media Law Training • 1980 OECD guidelines for the protection of privacy • Definition: personal data is any information relating to an identified or identifiable individual • Companies should: • Limit the data collected to what is relevant for the intended use • Establish privacy policies • Ensure safety of collected data

  17. Global privacyrules LHC Building Blocks - Media Law Training • Person whose data is being collected should be given: • Identity of company collecting data, • Purpose of data collection, • Right to access collected data, • Right to modify or have his data deleted.

  18. Privacy & EU law LHC Building Blocks - Media Law Training • Collection & use of personal data • Strictlyregulated by 1995 Data Protection directive & 2002 directive on Privacy in E-communications • Person whose data isbeingcollected must receivefollowing information: • Identity of companycollecting data, • Purpose of data collection, • Whowillbegivenaccess to data, • Right to accesscollected data, • Right to refuse data collection. • EU lawapplies to all non-EU companiesplacing cookies or spyware on computers in EU

  19. Privacy issues LHC Building Blocks - Media Law Training • Consumers lack understanding of their data being collected • Privacy policies often unclear • Right to access or refuse data collection: not visible • Vulnerability of children

  20. Children’sprivacy protection LHC Building Blocks - Media Law Training • No specificlaw in the EU • In the US, since 2002: the Children’s Online Privacy Protection Act (COPPA) • Allows collection of personal data fromchildrenunder 13, onlywith express agreement of their parents • But, application isvoluntary and interpretationis approximative

  21. LHC Building Blocks - Media Law Training Children’sprivacy protection • For social networking sites • Example UK: • Ofcomresearch: Despite the fact that the minimum age for most major social networking sites is usually 13 (14 on MySpace), 27% of 8-11 year olds who are aware of social networking sites say they have a profile on a site

  22. Privacy issues LHC Building Blocks - Media Law Training • UK Home Office guidelines: • recommend measures to block child sex offenders from having access to social networking sites • providers of social networking services should ensure that advertising on their sites is appropriate for the likely audience and legal

  23. Children’sprivacy protection LHC Building Blocks - Media Law Training • Social networking sites (MySpace, Youtube) • Are adopting voluntary measures to block access to known paedophiles • Not allow younger members to make their profiles public • Mediate content & access

  24. What if? LHC Building Blocks - Media Law Training • Current discussions on “inappropriate” advertising on social networking sites couldspill over to othercommunity sites (Youtube) • Ask for application of rulesapplied to all other media • Ex: UK content rules for food marketing to children (no use of cartoon characters) couldbeapplied to the YoutubeSkittles ad – whichwouldthenbeillegal

  25. The future in questions LHC Building Blocks - Media Law Training • It will largely depend on industry’s responsible behaviour how legislators will be dealing with online advertising

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