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Options Available. Nothing Self-discipline Statutory Control Self-regulation. What’s wrong with legislation alone?. Slow Hard for consumers to understand Expensive Inflexible Ignores “important trivia” Inadequate and irrelevant sanctions. What is self-regulation?. - PowerPoint PPT PresentationTRANSCRIPT
Options AvailableOptions Available
Nothing
Self-discipline
Statutory Control
Self-regulation
What’s wrong with legislation alone?What’s wrong with legislation alone?
Slow Hard for consumers to understand Expensive Inflexible Ignores “important trivia” Inadequate and irrelevant sanctions
What is self-regulation?What is self-regulation?“… a system by which the advertising
industry actively polices itself. The three parts of the industry – the advertisers … the advertising agencies … and the media – work together to agreed standards and set up a system to ensure that advertisements which fail to meet those standards are quickly corrected or removed …”
Advertising self-regulation inEurope – the blue book
THE ASATHE ASA
Independent Reactive Funded by advertising industry Works closely with government, statutory
bodies, consumer organisations IBA Act
INTERNATIONAL RECOGNITIONINTERNATIONAL RECOGNITION
Austria Belgium Czech Republic Denmark Finland France Germany Greece Hungary Ireland Italy Luxembourg Netherlands
Portugal Russia Slovak Republic Slovenia Spain Sweden Switzerland Turkey United Kingdom Canada New Zealand South Africa
CODE OF ADVERTISING PRACTICECODE OF ADVERTISING PRACTICE
International Code of Advertising Practice of the International Chamber of Commerce
Adapted to South African context
In line with SA Constitution
Reviewed constantly
GENERAL PRINCIPLES
OF THE CODEOF ADVERTISING
PRACTICE
GENERAL PRINCIPLES
OF THE CODEOF ADVERTISING
PRACTICE
ResponsibilityResponsibility
“All advertisements should be prepared with a sense of responsibility to the consumer”
Substantiation Substantiation
1. Before advertising is published advertisers shall hold in their possession documentary evidence to support all claims, whether direct or implied.
2. Evidence/research/proof must emanate from, or be evaluated by an independent, credible expert in the field to which the claims relate.
Misleading ClaimsMisleading Claims
Advertisements should not contain any statement or visual presentation which, directly or by implication, omission, ambiguity, inaccuracy, exaggerated claim or otherwise, is likely to mislead the consumer.
TestimonialsTestimonials
Must be genuine “Before” & “After” must be
substantiated Copies for inspection
Appendices Appendices A – Medicinal & related products and advertisements containing
health claims (MCC) B – Liquor Advertising (ARA) C – Advertising for cosmetics (CTFA) D – Mail order advertising E – Advertising for slimming (DOH) F – Reference to diseases in advertising (DOH) G – Advertising of breast milk substitutes, baby feeding bottles
and teats (DOH) H – Advertising for over-the-counter medicines I – Advertising of timesharing (TISA) J – Advertising containing environmental claims (Association of
Marketers) K – Advertising & collective investments (Association of
Collective Investments) L – Pet food advertising (PFI)
Appendix AAppendix A
Medicines and related products and advertisements containing health claims
Dept of Health - MCC
Examples (App A)Examples (App A)
Lists unacceptable claims and offers (Cure; Encouraging excess; Appeal to fear etc.)
Deals with specific products, treatments, symptoms and conditions
Other relevant rules
Appendix FAppendix F
References to diseases in advertising
May not make or offer products, treatment or advice UNLESS these accord with full registration - MCC
Dept of Health - MCC
Examples (App F)Examples (App F)
Arthritis / Osteoarthritis Cancer Diabetes Migraine Sexual Weakness Thrombosis AIDS (Subject to registration, being
educational and in line with Code)
RULINGRULINGFinal Appeal Committee
AdvertisingStandardsCommittee
Directorate
Advertising IndustryTribunal
ActionAction
ENFORCEMENT– Ad Alert
SANCTIONS– Withdraw / amend– Pre-publication advice•Once off• Fixed period
–Summarised ruling ad–Publishing rulings
ChallengesChallenges
Increasingly litigious environment Independent operators Jurisdictional limitations Resources available
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END
THE
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