РАЗВИТИЕ НА САМОРЕГУЛАЦИЯТА В СТРАНИТЕ ОТ...
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РАЗВИТИЕ НА САМОРЕГУЛАЦИЯТА В СТРАНИТЕ ОТ ЕВРОПЕЙСКИЯ СЪЮЗ МОНИКА КОРКОШОВА, ИЗП. ДИРЕКТОР НА ОРГАНИЗАЦИЯТА ЗА САМОРЕГУЛАЦИЯ НА СЛОВАКИЯ. - PowerPoint PPT PresentationTRANSCRIPT
РАЗВИТИЕ
НА САМОРЕГУЛАЦИЯТА В СТРАНИТЕ
ОТ ЕВРОПЕЙСКИЯ СЪЮЗ
МОНИКА КОРКОШОВА, ИЗП. ДИРЕКТОР НА ОРГАНИЗАЦИЯТА ЗА
САМОРЕГУЛАЦИЯ НА СЛОВАКИЯ
EASA– The European Alliance for advertising self-regulation
- EASA – The Single Ad SR voice since 1992
- Promoting responsible advertising through best practice in self-regulation
50/50 balance SROs/associations
SR (practitioners) committee - BP, Data, operation
TaskForces: Sustainability, Statistics
Media committee – Digital Mark. Comms
Coordination with industry sectors: Alcohol, Food
Workshops: Monitoring, Operational (copy advice)
Not SRO but Alliance of SROs/SR supporters
EASA promotes responsible advertising through best practice in self-regulation
• 33 SROs in 31 countries
• 26 from 24 European members
• 7 corresponding members
(AUS, BRA, CAN, CHL, IND, NZ, SA)
• 16 industry organisations
• Advertisers
• Agencies
• Media
• Others
What is self-regulation?
• Industry polices itselfto make sure ads are legal, honest, truthful and decent
• Accepted standards & rules‘professional diligence’
• National Self-Regulatory bodies (SROs) apply rules
RPR/Rada pre reklamuThe SASC/The Slovak Advertising Standards Council
was founded on the 3rd of March 1995
goal: with the help of EASA and its current 37 members (i. e.
advertisers, advertising agencies, media) to pursue and maintain the
highest standard of advertising ethics possible
basics of ethics: Ethical Code
administration: Plenary Assembly, President, Presidium
supervises, Control Commision, Complain Comitee, Executive
Director
What is a Self-Regulatory Organisation (SRO)?
‘Advertising Watchdog’
Independent body, guardian of the code
Funded by industry
REACTIVE:
• Handles consumer & competitor complaints
• Issues sanctions (modify or withdrawal)
PROACTIVE:(EASA Best Practice)
Advice, training and awarenessMonitoring compliance with the codes
Benchmarking
Advertising Complaints handling in Europe
• SROs in Europe deal with +/- 50 000 complaints every year
• Represents less than 0.1% of total number of ads circulating
• Quick – complaints usually handled within 3-30 working days
• Flexible - Technological and Societal change
• Cheap & Accessible – Consumer doesn’t pay & accessible on/offline
• Reversal of burden of proof – Companies must prove innocence
• Industry listens to SRO rulings -> effective sanctions adverse publicity
• Effective Sanctions: modification or withdrawal with media gatekeeper
Advantages of complaint handling through SROs
SCOPE: extends rules to all marketing communications and new media
“…marketing communications should be interpreted broadly to mean any form of
commercial produced directly by or on behalf of marketers intended primarily to promote
products…”
www.iccwbo.org
Most advertising codes are based on the Consolidated ICC Code of Advertising and
Marketing Communication Practice
Types of SR systems across Europe
1. Scandinavian model: SR within an Ombudsman
environment
2. Main European model: SR/legislation balance
3. Anglo-Saxon model: SR within a light legislative
framework
Different forms of SR across Europe
SR systems components (1/2) Structure
• Board of directors
• Jury
Funding
• Levy system
• Membership fees
Code ownership
• Industry owned code
• mixed
Basic characteristics of most SROs
SR systems components (2/2) Main activities
• Copy advice/preclearance
• Monitoring
• Complaints handling
• Appeals
• Sanctions
• Other activities
Basic activities of most SROs
Where self-regulation fits in
Ad Preparation
Idea
Review
Final copy
Feedback
Complaint
Company review / Codes
SRO Copy AdviceUnacceptable ads
modified or rejected
Publication of decisionEducation, monitoring and training
BEFORE COPY ADVICE
AFTER COPY ADVICE
Copy Advice example
EASA Best Practice Recommendations
• Offer support and advice to SROs & industry
• Stimulate and assist national discussions on the development of self-regulation according to the BPR model
• BPRs are not formally binding: implementation is the result of negotiations between SRO members at national level within the context of the existing (self) regulatory framework
EASA developed Best Practice Model to support further SRO development
Promoting effective self-regulation?
June 2004 summit: EASA members sign the
EASA Advertising Self-Regulatory Charter
sets 10 best practice principles
Geographical coverage Media coverage Funding Codes Consultation
Administration Complaint handling Advice Sanctions Consumer awareness
EASA Charter/Commitments & EU Ad Roundtable
Feb 2005: ‘EASA white paper’ to Commissioner Kyprianou
=>EASA to report on EU-25 implementation by end 2007
EASA « Get fit programme » to meet SR targets
DG Sanco Advertising Roundtable discussions
organised on basis of EASA Charter:
DGs Sanco & InfSo, SecGen, Industry, EASA & NGOs
Follow up on charter commitments
EU Advertising Round Table Report
“The Round Table agreed on a best practice model, […] which
coincides with the essential thrust of recently adopted EASA
best practice”
“I am confident that self-regulation will be given the full weight in
society’s choices among the menu of regulatory options.”
Robert Madelin, Chair of EU Advertising Round Table
European Commission sees future for SR, also for DMCs
Commissioner Reding (ISFE expert conference, 2007)
“As demonstrated by a specific new provision in the audiovisual media services directive, the Commission is a strong supporter of co- and self-regulation regimes that are broadly accepted by stakeholders and provide for effective enforcement.”
Commissioner Kuneva (Roundtable on Digital Issues, 2008):“We are also witnessing a worrying trend in the blurring of commercial and non-commercial communication. It is not always clear online when a published item is commercially sponsored. […] These developments are bound to challenge legislation and the self-regulatory systems that mostly control advertisement activities.”
Regulation and Self-regulation
Audiovisual Media Services directive Art. 3.3
• Member States shall encourage co- and/or self-regulatory
regimes at national level in the fields coordinated by this
Directive to the extent permitted by their legal
systems.These regimes shall be such that they are broadly
accepted by the main stakeholders in the Member States
concerned and provide for effective enforcement.
Impact of legislation on SR across Europe
Basic set of rules Audiovisual communications must not:
• Prejudice respect for human dignity
• Include any discrimination on grounds of race, sex or
nationality
• Be offensive to religious or political beliefs
• Encourage behavior prejudicial to health or to safety
• Encourage behavior contrary to protection of the
environment
Requirements in AMS which are also in line with SR codes
Unfair Commercial Practices (UCP) Directive implementation
Designed to increase overall consumer
protection
Advertising codes will be adjusted
accordingly
Enhanced information requirements re.
pricing offers,
Substantiation of proof, omission of
facts
Emphasis on the ‘average consumer’
Unfair Commercial Practices Directive (check impl. Status in Slovakia)
Stuff on CEE working group
Gender stereotyping
Taste and Decency
Misleadingness
Alcohol advertising
Food advertising
Advertising to children
Green advertising
Virals/spoofs
Integrated campaigns
Advertising in the spotlight – legislative threats and media interest
The obligatory ‘hot topics’ slide
Guidance regarding SR application to digital marketing
communications
Clarification of a Best Practice approach
Basis for SRO & industry agreement on approach best
suited to local circumstances ensuring consistency of
remit & application throughout Europe
Future of SR: EASA Best Practice Recommendation on Digital Marketing Communications
• No need for new code
• Need for clarification of remit
• ICC code/definitions & national codes apply to all forms of marketing communications, including digital
• SR application limited: not everything on a website is promotional
• Listing of specific elements covered and excluded by SR
• Baseline for a common approach: Member States, sectors and companies may go beyond
Overall approach – Main points
Definition of DMCs as depicted inthe ICC Consolidated Code
www.iccwbo.org
What will be in SR remit….
• Text ads• Paid Search• Online ‘public’ classified ads• Display ads (moving & non-moving)• Marketer-created or endorsed User
Generated Content (UGC)• Online in-game ads• MMS/SMS ads• Video Outdoor• DVD/CD-Rom
… non-exhaustive list
What will be out of SR remit…
Exhaustive list:
• Editorial content incl independent reviews on websites
• Corporate reports
• Genuine User Generated Content (non-endorsed/non-marketer created)
• Techniques generally prohibited by law (spyware, malware)