In What Way Should the UK Cap Codes Be Reformed - Essay Example

? [Reforms necessary in the UK CAP s] By Insert Presented to Location Due IntroductionThe Committee of Advertising Practice (CAP) is a self-regulatory body whose main function is to create and maintain the UK Codes of all the Non-broadcast Advertising, Direct Marketing communications and Sales Promotion. CAP Code mainly regulates non-broadcast marketing communications in the United Kingdom. While CAP Code is regulating the non-broadcast marketing communications, the Broadcast Committee of Advertising Practice (BCAP) is responsible for regulating the broadcast marketing communications. The codes were launched in March 2009 in an attempt to review the entire CAP code. Through this a new UK Code of Broadcast Advertising (BCAP Code) was created and it was made sure that the two codes were efficient in their function and that the two were always updated to meet the changes that took place in the market and technology as well. Following the launching of the two codes, 30,000 responses were received from various organs such as the parent and children groups, consumer protection bodies which were then considered by CAP and BCAP and this later on resulted to the new versions of the codes. The codes were then enforced by the Advertising Standard Authority (ASA) which enforced them on behalf of OFCOM. ASA has the power to impose sanctions for non-compliance and this means that the two codes any legal force but work under the control of ASA. In other words the two Codes only supplement the law. However, the 12th edition of the CAP Code came to force in September 2010. In order to be able to state the reforms that I think are necessary in the CAP/BCAP it is important to understand the rules that are currently being applied in the two UK Codes. In that way it will be easy to easy to give an adjustment or if a new rule is necessary. It is also important to note that the Advertising Codes are kept up to date on daily basis meaning that the codes change frequently. The BCAP Code applies to all advertisements and program sponsorship credits on both the radio and TV which are specifically licensed by OFCOM. The Code was intended to outline to the advertisers and their broadcasters of the standard expected from their advertisement and at the same time protecting the consumers from being misled and from false advertisements. ASA expects all the broadcasters licensed by OFCOM to be having good knowledge of these codes and ASA avails them in their website www.asa.org.uk. The BCAP Code is in many sections and it will be important to look into all the sections individually so as to see which reforms are necessary. To be specific there are 32 sections under the BCAP Code and the Code operates as a rule. Let’s start be looking in each section and stating the necessary reforms necessary. Reforms 1) Compliance The principle of compliance is that the advertisers should not by any means mislead the children or the adults in their advertisements. The broadcasters are also expected to check the ASA website in order to get new adjustment so as to comply with the code. Some of the rules that should be reformed under compliance are rule (1.2 and 1.3). Rule 1.2 says that “advertisements must be prepared with a sense of responsibility to the audience and to society”. This rule should be added some weight by including the social responsibility of the broadcasters. As for rule 1.3, ASA website should be included in the statement “Advertisements must comply with the law and broadcasters must make that a condition of acceptance”. This will act as a point of reference for the broadcasters. 2) Recognition of marketing communications This is the section two of the code and the rule in this section should be read in conjunction with all other parts of the Code and especially section 32 (scheduling of advertisements). The rules that should be reformed in this section are rules 2.5 which apply on radios only. The rule should include the exact number of advertisements read between the news reading and which advertisements should not be featured during news time. Rule 2.4 applies on the television only. Rule 2.4.2, “Programme promotions should not feature, visually or orally, anyone who currently and regularly presents news or current affairs on television”. On my side I would like to differ with this rule simply because most news presenters make good advertisers. This rule should be removed provided the broadcaster is able to indicate and to alert the viewers that they are currently watching a programme promotion and not the news to avoid confusion. To add on the rule the programme promotion should not feature anyone without their consent. 3) Misleading advertising This section is meant to protect the consumers. Therefore ASA takes seriously any claims by the consumers about any misled advertisement and legal step is taken against the broadcasters and advertisers. This section seems to be carrying the most rules. Rule 3.8, “No advertisement may use images of very brief duration or any other technique that is likely to influence consumers, without their being fully aware of what has been done”. I would like to differ with this rule. Television advertisement expenses are high and for this reason it may be very expensive to conduct lengthy advertisements. For this reason advertisers only give a preview to cut the costs. This rule therefore needs reviewing. Another reform is that winner of any price from the completion should be aired so that the consumers can believe in the advertisement. If a winner wins anything, they MUST be given their prices and ASA should follow on it make sure that happens. 4) Harm and offence The principle here is that the fact that the advertisement took place should not offence anyone or hurt them in one way or another. In this section, some reforms would be necessary. The advertisement should not harm the image of the competing firm and it should mainly focus the product. The advertisers should also be allowed to get the permission of those who may be affected by the advertisement because the advertisement may hurt very few and be of great benefit to many (HENNING-BODEWIG, F. 2006, pg. 141). 5) Children The principle here is that all the children are protected from any harm that may be caused by advertisements relating to physical, mental or moral harm. According to this section, a “child” is someone below the age of 16 years (PUPPIS, 2011, pg. 394). The reforms necessary here is that the advertisement should not children as baits in order to promote the sale of a product. For the case where a child is featured in any advertisement it should be by the consent of the parent. Another rule is that those advertisements that are suitable for the young children should be aired on air when kids’ programmes are being aired. The advertisement should not encourage the children by any way to pollute the environment. In the programmes promotion where things that may influence the children to do unsafe thing, caution should be provided like “Please don’t try this at home”. The advertisement should not discriminate the children in any way to add to rule 5.6 “Advertisements must not imply that children are likely to be ridiculed, inferior to others, less popular, disloyal or have let someone down if they or their family do not use a product”. The rule should be clear that the advertisement should not target a group of children telling them to buy the product because in a way this will look like discrimination. 6) Privacy The principle of this section is that the privacy of every living individual is respected by the advertisements. The individual’s rights extend from the private life to family life. Celebrity advertisement should also be considered in both radio and television. The advertisement should be far different from both their personal and career life. Even if the person has granted the advertiser the permission to be featured in the advertisement, broadcasters and advertisers should let the focus of the advertisement be on the product being advertised rather than the personality of the person. 7) Political advertisements Political advertisement is prohibited by the Communications Act 2003. There only two major rules in this section. Political advertisement is more than a political party and tends to cover a wide area. Despite political advertisement being prohibited by the Communication Act, some advertisements should be allowed. Some of these will include political advertisements which are important to the general public. An example is an advertisement that encourages voters to turn out and vote but not stating to vote for a particular candidate or party. Political advertisement section should be reviewed properly. If political advertisement is granted, it will be effective for candidates to spread their manifestos without polluting the environment with posters. 8) Distance selling Distance selling need special attention and for that reason it has a section of its own. Distance selling is faced with frauds and other problems and for this reason consumer protection is necessary. The section defines a consumer as someone acting outside the course of his/her business. There are some products which can be sold from a distance while there are those which cannot and they are not grant in this section. They include; sale of land, financial service and the construction of building. More rules should be implemented in this section. On radio advertisement, the advertiser should give the broadcaster details of where the consumers can inspect the products of get the samples. The advertisement should be clear regarding the price, if it is fixed the price should be disclosed but if the price is negotiable, the advertiser should inform the consumers. The advertisement also need to state the delivery method an example do the consumer have to go get the goods or if the advertiser will deliver them and who will the delivery expense land on. 9) Environmental claims Advertisements should be responsible in the role of conserving the environment. There are expected to take into account of Government guidance including the Green Claims Code published by DEFRA and BIS. The reform on this section is that the advertisers should instruct the consumers on how to use the products so as to conserve the environment. Rule 9.6, “Advertisements must not suggest that their claims are universally accepted if a significant division of informed or scientific opinion exists” is unclear. The rule should be reformed to a better simple language to facilitate its effect. 10) Prohibited categories This section contains advertisement of products which are considered illegal or harmful and the rules relating to these products. The recommended reform here is if tobacco smoking is by any means allowed, the advertisement should also state the side effect of using such a product. In order to discourage the consumption and use of these products, the consumers should be educated about the harm they cause in order to cure their curiosity. 11) Medicines, medical devices, treatment and health Health is an important thing and for this reason, this section is makes sure that advertisements relating to health issues and medication are highly scrutinized. Before any medical advertisements are made, the rule should make sure that the drug that is being advertised is approved and good for human consumption. Rule 11.5.1 “Presentation, by doctors, dentists, veterinary surgeons, pharmaceutical chemists, nurses, midwives and the like that imply professional advice or recommendation” should be removed. This is so because only the people in that field will be able to give a good presentation. They should first be checked of their qualification so as to evaluate the reliability of the advertisement. I believe if an individual can advertise a product, professionals can also advertise their services as well. Rule 11.7 “Unless it is obvious from the context, advertisements that include a health professional must make clear if he or she has direct financial interest or equivalent reciprocal interest, in the sale of the advertised product or service” on my view it is of no important and may go against the privacy of the professional. I think what is important here is that the product is of the right quality and that it has been tested rather than the motive of the health professional. 12) Weight control and slimming Just like in medicine and medicinal drugs section, weight control and slimming advertisement are a big concern to the health of consumers and for this reason there is high need to scrutinize this advertisements. In this section, rule 12.2 “If they are necessary for the assessment of claims, broadcasters must, before the advertisement is established is broadcast, obtain generally accepted scientific evidence and independent expert advice”, should be more directive. Letting the broadcaster verify the effectiveness of the product to be advertised is not that efficient. Therefore it should be the responsibility of ASA itself to match the advertisement with the expected standards. Rule 12.4, “Advertisement must not encourage indiscrimination or excessive use of a weight-control or slimming product or service” should be reviewed. I agree with the indiscrimination part but not the part of excessive use of the product. If the product is granted the permission to be advertised it means that the product is safe and it is the choice of the consumer to know the amount they will need regarding the size of the problem they have. Rule 12.7 “Promises or prediction of specific weight loss are not acceptable for any slimming product” should be removed from this section. A consumer will want to know how the product works and the time it will take to loss a certain amount of weight. Therefore by prohibiting the advertisers to disclose this information it will be like putting the consumers in the dark. 13) Food, food supplements and associated health or nutritional claims The public health policy is always concerned with the nutrition of the citizens in a way of caring about their health. As it is well know, advertisement of food or food supplements will not be able to do the exact job like the public health policy but the section make sure the advertisements do not interfere with the progress of the public health policy. In this section for the understanding of the rules, nutrition claim means any claim which states, suggests, or implies that a food has particular beneficial nutritional properties. Rule 13.3 “Advertisement must not condone or discourage excessive consumption of any food” should be reviewed. There may be situations where one will be expected to consume a particular type of food. Take an example where one has lack of proteins and the advertisement states that the food being advertised is rich in proteins. The advertisement should only able to point out cases where more of the product is needed. 14) Financial products, services and investment This section is aimed at protecting the consumers’ wealth. The broadcaster should make sure the advertiser gives the right address or telephone number that the advertisers’ uses. Also the advertiser should make sure there is no room for conmen who wait for such opportunities to steal citizens’ money. 15) Faith, religion and equivalent systems of belief This section main objective is to establish a balance between freedom of speech and prevention of harmful advertisements. Rule 15.15, “Advertisement must not feature children as presenters, unless the advertisement is for an event, such as Christmas carol services or Diwali celebrations, that children especially likely to take part in” need reviewing. Children have the right to have a belief. This rule seems to be discriminating the children from promoting religion. The section has not defined a child so it is not clear a child is a person of what age. Another reform is that the advertisement should not create a religious war by stating which religion is superior to the other thus telling the listeners and audience to change religion as stated in rule 15.8 “Advertisement must not exhort audience members to change their beliefs or behavior”. 16) Charities In the case of charities, broadcasters are expected to consider sections 5: Children, section 7: Political and Controversial Matters, Section 9: Environments Claims, Section 15: Faith, Religion and Equivalent Systems of belief and finally Section 32: Scheduling. The role of this section must not be mistaken for regulating charities because its function is to regulate charities advertisements. The principle of this section is to prevent people’s goodwill and kind hearts from being abused through advertisements. The reform here is that the advertisement should be clear of what it expects from the audience. The advertisements should not make the advertisement look like it is the expected role of the audience and listeners to donate thus making them feel guilty. 17) Gambling The principle of this section is to ensure that those who are not of interest in gambling like those under the age of 18 years are not harmed by gambling advertisements. The section also makes sure the advertisements are conducted in the right manner. Gambling advertisements should be allowed to state the benefits and the disadvantages of gambling. After all it will be a person’s choice whether to gamble or not. 18) Lotteries There is some similarity between this section and the previous section as both section aim at protect people from harmful advertisements and at the same time ensuring they are socially responsible. Lottery advertisements should be conducted being specific programmes where high number of targets can be accessed and not on kids programme. Lottery advertisements should not also discriminate thus who do not participate in gambling inferior as in a way to lure them into gambling. 19) Alcohol The principle of this section is to mainly protect those under the age of 18 from the influence of alcohol advertisements. Only those below the age of 18 year are prohibited and are the only who need much protection from alcohol advertisements. Alcohol advertisement must not show on television a child drinking alcohol. Every alcohol advertisement should state the negative side effect of alcohol to an individual. Rule 19.2 “Advertisements must not feature, imply, condone or encourage irresponsible or immoderate drinking. That applies to both the amount of drink and the way drinking is portrayed” should be modified to ensure that each alcohol advertisement encourage responsible drinking like “Don’t drink and drive” or “Call a taxi”. Conclusion It is true that the UK Codes need reform because the world changes every day and this calls for a change or reforms in the Codes too. References List BROADCAST COMMITTEE OF ADVERTISING PRACTICE. (2010). The BCAP code: the UK code of broadcast advertising. London, Stationery Office. LODE?N, M., & MAIBACH, H. I. (2012). Treatment of dry skin syndrome: the art and science of moisturizers. Heidelberg, Springer. PUPPIS, M., & JUST, N. (2011). Trends in communication policy research: new theories, methods and subjects. Bristol, Intellect. . HENNING-BODEWIG, F. (2006). Unfair competition law: European Union and member states. The Hague, Kluwer Law Interna MIRACLE, G. E., & NEVETT, T. R. (1987). Voluntary regulation of advertising: a comparative analysis of the United Kingdom and the United States. Lexington, Mass, Lexington Books. IRELAND, & HASKINS, J. (2000). Review of the Gaming and Lotteries Acts 1956-86: report of the Interdepartmental Group. Dublin, Stationery Office. http://www.justice.ie/80256E010039C5AF/vWeb/flJUSQ65GF25-en/$File/g&lacts.pdf. (1990). International gaming & wagering business. New York, N.Y., BMT Publications. GIMLIN, D. L. (2012). Cosmetic surgery narratives: a cross-cultural analysis of women's accounts. Houndmills, Basingstoke, Palgrave Macmillan. TWIGG-FLESNER, C. (2011). Boundaries of Commercial and Trade Law. Mu?nchen, sellier. european law publ. BOUNDY, C. (2010). Business contracts handbook. Farnham, Surrey, England, Gower Pub. Read More