Advertising Law - Essay Example

ADVERTISEMENT LAWS According to marketing and advertising rules and guidelines, consumers always impress upon the advertisements they see. Themarketing agencies to attract the consumers make publicity of their product through different media. The products may be of toys, cars, food products, garments, games etc.; the producers and marketers display their products in supermarkets and departmental stores for sale. According to latest estimate in UK the rate of sales have increased in three fold since 1990 shooting up to $80 billion annually. In the society, the marketers are expected to put up good brand name products for sale. The purchaser desires to have or own a good brand name product and material with good quality at reasonable and cheaper rate. If the marketers were able to meet this demand of people of the society, definitely there would be a souring business for their product. The advertisers and marketers say that they would be able to supply anything to the consumers and what they want. It may be right to say that marketers and advertisers are in a position to meet the desires of consumers up to some level. Ethics around advertisement law can be explained or classified into a broader horizon. Ethics around advertisement law can be termed as advertisement ethics and it can be defined as an ethics that examines ethical rules and principles within a commercial context. Advertisement ethics should more over confer to economic, legal, social, human, and political context. Advertisement law comes under a parent law that is widely referred as commercial law, which governs both commerce and business. Commercial law primarily manages corporate contracts, hiring practices, sales, service and consumer goods. There are sixteen different commercial laws of which corporate law, employment law, labor law and tax law are the most important laws. Advertisement ethics generally means the philosophy of business. This will determine the fundamental proposes of the company. If any company is intending to maximize the returns to its share holders then that would be called as unethical since it is depriving the interests and rights of some one else. Corporate social responsibility or CSR is widely debated regarding the rights and duties existing between and society. Industrial espionage and hostile takeovers are the issues concerning different companies. Leadership issues, corporate contributions that too political contributions are being the worst debated ethical issues within business law. Introducing a new reform under the law reform is the crime like corporate manslaughter, which is being opposed by the biggest business houses to make them more secure. Advertisement law must be generally governed under the law and the justice should be equally distributed. Corporate ethics policies are being misused as marketing instruments. Since advertisement law does not come under the criminal law and any deviation is considered under the civil law and hence these deviations are not taken seriously. Business directly means providing goods and services and in its process it touches and enriches lives of the people it comes across and hence it has to be as sincere as it can and should try to do justice to the profession and the people it comes across. Advertisement law's should be made as stringent as possible since many retailers and business houses do ford and try to exaggerate the prices and cheat the consumers there by making profits ten times over the product they sell. Law governing the advertisement law must be in safe hands and try to make promulgations, which are the interest of the consumers. Smoking Advertisements have resulted in inspiring youth to make smoking and alcohol as a habit that finally made them slaves to drugs. Armchair critics might rant about how rampant drug usage is especially amongst young adults; even the common man is just as vulnerable. What is even more alarming is the fact that kids as young as 16 are doing drugs. Unfortunately, parents are often the last to sniff out the problem and having done so, don't know how to deal with the situation. Though public smoking is illegal in UK it doesn't making any good when it comes to halt the habit of smoking. And the main reason for this is advertisements and programs that influence the people to take up smoking. In most cases even if the families are aware of the truth, they prefer to live in denial, till the problem seriously blows in their face. They are so caught up in trying to protect their reputation that little do they realize how drugs can kill their child if professional care is denied. According to some voluntary organizations dedicated to drug and alcohol de-addiction, in the last few years' lots of youngsters have started approaching them. They also say that drug addicts start taking drugs at 15 or 16, but only come to the rehab centers when the situation becomes grim or out of control. This is because they start taking drugs recreationally and by the time they start having problems and decide to seek help it takes time. Unlike social drinking which doesn't affect one's lifestyle, there is nothing like social drugs because substances like cocaine and heroin are very addictive and illegal. The problem arises because most youngsters believe they won't get addicted not realizing that with drugs like cocaine and heroin it's very easy o get hooked on. To check the advertising regulations in UK a self-regulatory organization (SRO) called Advertising Standards Authority (ASA) was established by the advertising industry. It is not funded by the British government and is a non-statutory organization. As advertisements has highly suggestive and powerful nature and can influence the thoughts of the viewer the influence British government subjected advertisements to the statutory regulation. Since the governing laws were becoming more and more tough the advertising industry planned to have an organization that can help both the industry and government in ensuring the legislation. The main purpose of ASA is to make advertising as a legal decent, honest and truthful way of product promotion and marketing. Laws on Internet advertising to restrict: Content that is indecent and is not accepted according the regulations standards such as nudity. Obscene content that is objectionable among different classes such as sexual degradation, child pornography and extreme sexual content. Violent content that is offensive, imitable, sexual and influence the young vulnerable audience. Menacing content: information that causes annoyance incites crime and finally results in public disorder. Usage of bad language that is offensive, crude, hate speech and incite violence. False content, which is the most difficult to contain as it spreads on Internet very fast and results in immediate law disorder. Children's content: websites maintain age group sections so that children are not allowed to view the restricted content. Safety, security, violence and imitable acts are the other things that come under law. Social and Ethical Fabrics of the Society: content that violates family values and are ethically incorrect. Should not harm religious beliefs. Laws on Nudity: Simply being naked for enjoying social and recreational nudity i.e. swimming or sunbathing is not illegal in Britain. You can be in nude in beaches if you are not creating any problems to others. But if nudity in public is meant to harass or harm or insult others then the concerned person is booked under Sexual Offensive Act 2003 (SOA) and Anti-Social Behavior Orders (ASBO). Sexual Offensive Act 2003 (SOA) and Anti-Social Behavior Orders (ASBO) has affected the business of Playboy magazine chief Hugh Hufner's business in UK. Since public nudity is permitted only at beaches and in respective houses without causing any disturbance to others. This made Hufner to censor the explicit content that he usually broadcasts in print and electronic media thus causing potential financial loss. 1. "The Advertising Standards Authority (ASA) has upheld complaints against Cussons for an ad for a shower gel which featured a young androgynous looking nude girl using the shower gel under a waterfall." 2. "Whilst the ASA accepted that the model was over 16 at the time of making the ad it agreed that viewers were likely to see the model as a young girl, and as such the stylised shots, nudity and resulting sexual overtones of the ad were offensive and inappropriate, and likely to cause serious or widespread offence. 3. "The ad must not appear again in its original form." http://www.informationoverlord.co.uk/. Alcohol Advertising shouldn't target children (unless it's medical) Children and teens under 18 are not allowed as models for advertising or any other alcoholic promotional events. Every pub and bar should display a placard that shows who are allowed and who aren't (i.e. only above 18 are allowed). Advertisements showing drinking on the streets are not acceptable under the law. Promotional events (like advertising) should not include the selling of homemade alcohol. This should be done only after acquiring required license from the authorities. 1. "Kerri began drinking at the age of 12. When Kerri's dad would have a pint, she would join him with an Alco pop. After the death of her dad, Kerri began relying more heavily on alcohol. As she was living with a friend rather than her mum, there was no one to check her behavior." 2. "I was doing two to three bottles of Jack Daniels a day...When I woke up one morning and I had no drink in and I had the shakes... that's when I realized it was really bad," says Kerri. 3. "Fuelled by drink, Kerri ended up in trouble. At the age of 16, she was convicted for non-violent crime and has just completed an 18-month sentence in Holloway." 4. "Kerri has been in counseling with Sally for seven years and although she still drinks occasionally, she is getting back on her feet." http://www.bbc.co.uk/insideout/east/series2/teenage_drinking_alcohol_abuse.shtml. Politicians In UK political advertising of any type or content is not permitted to broadcast in TV and Radio. Election laws in UK are much stringent to control this type of advertising in the above-mentioned media, but are not able to control the Internet advertising. Since broadcasting political advertisements in TV is not allowed most candidates found online streaming video as an alternative. Candidates should be aware of the campaign literature i.e. the content should determine whether the ad is for national campaign or local party campaign or a direct election campaign. While advertising in websites campaigners should always use the disclaimers on home page and through out the site. Having mailing list of non-consented persons is against the Data Protection law. Comparison of UK and US advertising laws In passage of time in UK and US the consumers have become the conspirators of reproduction generation by generation. At present, the marketing strategy for selling product to consumers is to lure them for branded products such as food items; play in branded spaces and exposing them to TV channel. The marketers and advertising agencies work and trade on psychology of consumers for marketing their product. Marketers spend and invest lots of money in developing strategies of different methods to attract consumers towards their product and capitalize the opportunities to make or amass money. The marketers conduct research to defend, develop counter measures to meet the market competition. The ability of the youth to remove and neutralize the technique of advertising is snubbed by the other agency so as to increase the sale of their product. Though advertising laws on both sides (UK and US) are tough when dealing with regulations, but UK still keeps the age-old laws that were introduced in 60's or 70's. Whereas US laws are more flexible and are changed in accordance with the changing policies. UK advertising rules follows 'country of origin principle'. "This means that a company in the UK only needs to comply with UK laws on advertising and can more or less ignore the laws of other EU Member States, even if selling to those Member States" (http://www.out-law.com/page-6778). But one side effect of this act is, if a court in EU member state has to give verdict pertaining to the product then it can ignore the other member's governing laws thus weaking the case. Whereas in US there is no policy that uses this type of 'country of origin principle'. It is compulsory for a UK company to comply with the US rules on advertising. "In the United States online advertising is governed and enforced by the Federal Trade Commission (FTC). The FTC has published guidelines in relation to online advertising, failure to comply with an FTC order to cease and desist for publishing an offending advert could result in a substantial fine" (http://www.out-law.com/page-6778). Nudity Advertisements showing sexual intercourse in public places strictly comes under censor scanner from SOA and the company is liable to face immediate regulatory actions from the governing agencies. According to Federal Communications Commission (FCC) it is legal in US but only between 10 pm and 6 am. Advertising male genitals in is against the law and can be prosecuted for 'outraging public decency'. Whereas in US it allowed but in adult licensed advertisements. Advertisements on sex parties at home are illegal as certain amount is charged. To do this one has to acquire license for running a brothel. Though it is illegal in US too it is still thriving. Advertisements depicting sex with animals (in print and electronic media) are illegal in Britain. Whereas it is legal in US. Advertising Bondage Domination Sado Masochism (BDSM) is legal, BDSM is legal for only 10 minutes and during this course any injury or piercing is done then the subjects will be booked under Offences Against the Person Act 1861. Whereas in US advertising on BDSM including piercing and injuring for pleasure by mutual consent is legal. Politicians In UK, broadcast of any type of advertisements regarding a political campaign through television and radio by the candidate is banned. Whereas in US broadcasting of advertisements on political campaigns is legal. In UK, the candidate cannot use the print media (i.e. news papers, magazines, etc.,). It is permissible in US. Though regulatory rules in UK able to control the above-mentioned media, it failed in controlling political campaigns via Internet. Though video and audio speeches cannot be broadcasted in TV and radio, the same can be seen and heard through online steaming and videos. Federal Election Commission (FEC), which regulates political advertising, legalized advertising in any media including Internet. Smoking Addiction to nicotine, the major constituent of tobacco, leads to coronary heart disease, is associated with the development of chronic bronchitis and distension of lungs resulting in breathing difficulties. The high tar and nicotine contents in the cigarettes sold contribute to increase lung cancer. Till mid 90's advertisements on smoking was allowed in UK, but with strict restrictions. Now advertisements on smoking are banned. But surprisingly the percentage of smokers hasn't decreased that much from 90's to the present date. US also banned advertisements on smoking on national television. The number of smokers in US is much higher compared to UK. References Steven Miles. Consumerism-as a way of life. London: Sage Publications Ltd. 1998. Wikipedia. Advertising. Retrieved 28 October 2006 . 2006. Wikipedia. Advertising Standards Authotity. 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