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Advertising Self Regulation

Advertising Standards Authority Hilary Souter. Advertising Self Regulation. Members All Media Television, newspapers, radio, magazines, cinema, outdoor, addressed mail, unaddressed mail, internet Advertisers Advertising Agencies. Advertising Standards Authority. Responsive Regulation

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Advertising Self Regulation

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  1. Advertising Standards AuthorityHilary Souter Advertising Self Regulation

  2. Members All Media Television, newspapers, radio, magazines, cinema, outdoor, addressed mail, unaddressed mail, internet Advertisers Advertising Agencies Advertising Standards Authority

  3. Responsive Regulation Punishment is expensive, persuasion is cheap A strategy based mostly on punishment fosters an organised business sub-culture of resistance Theory of self regulation

  4. Codes Ethics Alcohol Vehicles Financial People Weight Management Children Comparative Environmental Therapeutic Food Gambling Functions

  5. Complaints Advertising Standards Complaints Board (ASCB) Advertising Standards Complaints Appeal Board(ASCAB) Functions

  6. 1. All advertising of all products, in all media subject to ASA Codes. 2. Consumer has right of complaint on any advertisement in any media. 3. Consumer has right of direct complaint, rather than indirect complaint as with Government Agency prosecution system. 4. ASCB uses test of “balance of probabilities” rather than “beyond reasonable doubt” used by Courts. 5. Prosecutions only for scums and scams. Features

  7. Complaints Received 2006

  8. 1. Complainant writes to Advertising Standards Complaints Board (ASCB) about any advertisement in any media. 2. Chairman determines whether to accept complaint. Not accepted if: - not an advertisement. - previously decided. - no prima facie case. 3. If accepted write to advertiser, agency & media, enclosing copy of complaint and request comment within 14 days. 4. The Board decides whether Upheld or Not Upheld. 5. If Upheld we request advertiser, agency & media to withdraw the advertisement. There is 100% compliance. Complaint Process

  9. Received a total of 1557 complaints concerning 463 different advertisements. Of the 1557 complaints: 1064 were duplicates. 206 were deemed to have “no grounds to proceed” for a variety of reasons, but usually “previous decision”, “no jurisdiction” or “no prima facie case.” 45 were withdrawn, resolved, adjourned or no determination. There were therefore 242 substantive complaints dealt with by the ASCB: 87 were upheld. 52 were settled. The parties accepted that there was a breach and the advertisement was withdrawn. 103 were not upheld242. The upheld/settled rate was 57%. Number of Complaints 2006

  10. Television 167 Newspaper 62 Radio 57 Website 56 Outdoor 53 Direct Marketing - Unspecified 39 Magazine 23 Community Newspaper 19 Direct Marketing - Unaddressed to Box 14 Direct Marketing - Addressed 6 Yellow Pages 5 Directory 4 Email 3 Other 27 533 Note: Complaints may be in more than one media. Complaints by Media 2006

  11. Misleading 207 Offensive/Social Responsibility 148 Advocacy 22 Therapeutic 21 Liquor 34 Finance 15 Food 14 Children 11 Sexist/Racist 11 Safety 8 Violence 6 Denigration 4 Gambling / Gaming 2 493 Complaints By Type 2006

  12. Everyone benefits from clear concise complaints. Everyone benefits from detailed responses from advertisers, agencies and media that address the specific concerns of the complainant. Please respond and please take it seriously. Complaint Process

  13. All ASCB and ASCAB decisions are released to the media and are available to the public on our website www.asa.co.nz The website also has all the codes of practice and other resources like the annual survey of Advertising Industry Turnover Complaint Process

  14. SEX A reasonably liberal attitude is taken with advertisements which are “naughty” or with sexual innuendo, PROVIDED THAT The target audience is clearly confined in the medium Use humour, satire etc. Sensitive Areas

  15. OFFENSIVENESS Test “generally prevailing community standards” “serious offence” or “widespread offence” “taking into account context, medium, audience & product” Sensitive Areas

  16. SEXUAL APPEAL People Code “ … people should not be portrayed in a manner which uses sexual appeal simply to draw attention to an unrelated product” Sensitive Areas

  17. Naughty Words Whether words offend or not depends on the media, audience and product. BSA research used as a guide. CARE REQUIRED Sensitive Areas

  18. LIQUOR Liquor Code is strict: moderation no appeal to young no heroes no link with driving, swimming etc. Don’t link sex and alcohol ALL ADVERTISEMENTS NEED TO BE CLEARED BY LAPS Sensitive Areas

  19. MISLEADING Advertisements can make claims but must be substantiated when challenged. Substantiation should be independent & accurate. Special Conditions Conditions which diminish the value of the offer should be obvious to the viewer, reader or listener. Sensitive Areas

  20. TIPS Put condition in body copy rather than small print. Use graphics & voice over. Don’t say “Special Conditions Apply”. Misleading

  21. THERAPEUTIC Therapeutic includes: Prescription Medicines Non-prescription Medicines Medical Services Medical Devices Antiseptics Herbal Remedies Traditional Remedies Dietary Supplements - when therapeutic purpose claimed Vitamins - when therapeutic purpose claimed Mineral Supplements - when therapeutic purpose claimed Sunscreens - when therapeutic purpose claimed Food - when therapeutic purpose claimed e.g. Logical, Flora ProActive Other Products - when therapeutic purpose claimed Sensitive Areas

  22. THERAPEUTIC All advertisements for prescription, non-prescription & complementary medicines,medical services, medical devices or food where health benefit is claimed in all media need to be pre-vetted by the Therapeutic Advertising Pre-vetting Service (TAPS) Pre-Approvals

  23. Always get TAPS approval Advertise responsibly Give proper prominence to risks Observe high standard of social responsibility AVOID Being legalistic and tricky Taking a risk Filling advertisement with clutter Overstating the benefits Therapeutic Advertising

  24. Children and Food Sensitive Areas

  25. Television Commercial Approvals Bureau(TVCAB) are happy to provide free consultation on TVC scripts or concepts. Contact: Richard Prosser (09) 3732907 HELP!!!

  26. The staff of the ASA is happy to offer advice on advertising or assist with code or decision interpretation. With the proviso that we are offering you our opinion based on our experience in this area. Our advice is not binding on the Complaints Boards. ASA HELP

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