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РАЗВИТИЕ НА САМОРЕГУЛАЦИЯТА В СТРАНИТЕ ОТ ЕВРОПЕЙСКИЯ СЪЮЗ

РАЗВИТИЕ НА САМОРЕГУЛАЦИЯТА В СТРАНИТЕ ОТ ЕВРОПЕЙСКИЯ СЪЮЗ МОНИКА КОРКОШОВА, ИЗП. ДИРЕКТОР НА ОРГАНИЗАЦИЯТА ЗА САМОРЕГУЛАЦИЯ НА СЛОВАКИЯ.

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РАЗВИТИЕ НА САМОРЕГУЛАЦИЯТА В СТРАНИТЕ ОТ ЕВРОПЕЙСКИЯ СЪЮЗ

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  1. РАЗВИТИЕ НА САМОРЕГУЛАЦИЯТА В СТРАНИТЕ ОТ ЕВРОПЕЙСКИЯ СЪЮЗ МОНИКА КОРКОШОВА, ИЗП. ДИРЕКТОР НА ОРГАНИЗАЦИЯТА ЗА САМОРЕГУЛАЦИЯ НА СЛОВАКИЯ

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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 codesBenchmarking

  7. 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 Advantages of complaint handling through SROs • 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

  8. Most advertising codes are based on the Consolidated ICC Code of Advertising and Marketing Communication Practice 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

  9. Different forms of SR across Europe Types of SR systems across Europe • Scandinavian model: SR within an Ombudsman environment • Main European model: SR/legislation balance • Anglo-Saxon model: SR within a light legislative framework

  10. Basic characteristics of most SROs SR systems components (1/2)‏ • Structure • Board of directors • Jury • Funding • Levy system • Membership fees • Code ownership • Industry owned code • mixed

  11. Basic activities of most SROs SR systems components (2/2)‏ • Main activities • Copy advice/preclearance • Monitoring • Complaints handling • Appeals • Sanctions • Other activities

  12. Company review / Codes Publication of decision Education, monitoring and training Where self-regulation fits in Ad Preparation Idea Review Final copy Feedback Complaint SRO Copy Advice Unacceptable ads modified or rejected

  13. Copy Advice example BEFORE COPY ADVICE AFTER COPY ADVICE

  14. EASA developed Best Practice Model to support further SRO development EASABest 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

  15. Geographical coverage • Media coverage • Funding • Codes • Consultation • Administration • Complaint handling • Advice • Sanctions • Consumer awareness Promoting effective self-regulation? June 2004 summit: EASA members sign the EASA Advertising Self-Regulatory Charter sets 10 best practice principles

  16. Follow up on charter commitments EASA Charter/Commitments & EU Ad Roundtable Feb 2005: ‘EASAwhite 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

  17. 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

  18. 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.”

  19. Impact of legislation on SR across Europe 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 stakeholdersin the Member States concerned and provide for effective enforcement.

  20. Requirements in AMS which are also in line with SR codes 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

  21. Unfair Commercial Practices Directive (check impl. Status in Slovakia) 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’

  22. Stuff on CEE working group

  23. The obligatory ‘hot topics’ slide Advertising in the spotlight – legislative threats and media interest Gender stereotyping Taste and Decency Misleadingness Alcohol advertising Food advertising Advertising to children Green advertising Virals/spoofs Integrated campaigns

  24. Future of SR: EASA Best Practice Recommendation on Digital Marketing Communications • 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

  25. Overall approach – Main points • 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 ispromotional • Listing of specific elements covered and excluded by SR • Baseline for a common approach: Member States, sectors and companies may go beyond

  26. Definition of DMCs as depicted inthe ICC Consolidated Code www.iccwbo.org

  27. 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

  28. 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)‏

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