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Online advertising standards Dr Oliver Gray 26 October 2004. To discuss today …. The problems and challenges ICC & EASA The new ICC guidelines Enforcement Conclusions. Problems and challenges 1. New media: Internet, SMS, MMS New techniques: Blogs, Wiki, Split Screen
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Online advertising standards Dr Oliver Gray 26 October 2004
To discuss today… • The problems and challenges • ICC & EASA • The new ICC guidelines • Enforcement • Conclusions
Problems and challenges 1 • New media: Internet, SMS, MMS • New techniques: Blogs, Wiki, Split Screen • New actors: internet agencies • Constant change blurring traditional divisions • Law not able to keep up • Outside advertising standards remit? • Enforcement not yet adapted
Problems and challenges 2 • Direct interface consumer -> advertiser • Privacy • Data collection • New technologies aimed at, used by and understood by young people • Increased media and commercial crowding • An industry developed to offer the solution
From challenge to opportunity • Industry: • Confusion! • Consumers: • Uncertain, doubtful • Confidence and trust • undermined • Solution: • ‘Light touch’ regulation • SR seen as business solution • SR works within framework • of law i.e. EU e-commerce • & TVWF directives
ICC and EASA • Commission on Marketing & Advertising: • 1996: ICC guidelines for Internet • 1998: Internet guidelines revised Instigated by: • Advertising industry • New actors (service providers, software companies, telecoms, online media)
EASA work • Encourages advertising standards bodies (ASBs) to adopt ICC internet guidelines • Studies and makes recommendations on enforcement (esp. with country of origin) • ASBs took internet advertising into their remit with reservations • Trustmark schemes
New ICC guidelines • No longer just internet: updated to include telecoms, internet and TV • Major business associations involved: WFA, EACA, FEDMA, EGTA, ESOMAR, EASA, USCIB, IAB • FEDMA & EGTA SR codes consulted • Updated by ICC Task Force Code Revision • Approval Nov 2004, launch 2 Dec 2004 Visit www.iccwbo.org
Why electronic media guidelines? • Enhance consumer confidence in electronic media • Ensure an adequate level of privacy • Honour consumer preferences Better business
Basic principles of guidelines Advertisers must: • Be aware of applicable laws • Respect the spirit and letter of the rules Communications must: • Be legal, decent, honest & truthful • Not impair public confidence • Respect the rules in the ‘country of origin’
Guidelines’ scope • Disclosure of advertiser’s identity • Clarity for consumer of cost of communications • Respect for public groups • Data protection and privacy • Unsolicited messages • Honouring consumer preferences • Interfering with consumer’s usage • Advertising to children • Respect for sensitivities of global audiences • Ultimate responsibility
Example: Responsibility • Shared by all parties • Commensurate with their role in ad process • Prime responsibility is on advertiser • Clauses in contracts re: adhering to rules and respecting decisions
Enforcement • Invest in technology and training: • SMS/MMS hotlines • Online complaint forms • Build up cross-border expertise • Link with new enforcement communities • International networks • Establish best practice
EASA network • 27 advertising standards bodies • 13 European industry bodies • Advertisers • Agencies • Media
Internet advertising statistics 2002: 1,843 (4% of total) 2003: 3,428 (8% of total) Increase: +1,585 (86%) • Germany: Increase of 500 complaints • UK: Increase of approx 1,050 complaints
Cross-border example: Ganter shoes • 2002:Complaint from UK Royal Household re: unapproved use of the Queen’s image • Site based in Germany, German rules stipulate subject’s approval • Image removed
Cross-border example: Ganter shoes • Site no longer has any such images
Companies! Stop, look and listen! • Are your ads legal, decent honest and truthful? • Have you consulted the ICC rules? • Are you aware of local applicable advertising standards rules? • Have you included a responsibility clause in your agency contract? • Are your agencies aware of this? • Is it clear to the consumer what rules apply and where to go if there is a problem? • Have you honoured their preferences?
Conclusion 1 • We live in a virtual universe • Uncertainty principle: “The more precisely the position is determined, the less precisely the momentum is known in this instant, and vice versa.” (Heisenberg)
Conclusion 2 • ICC provides a flexible and dynamic framework for business to conduct responsible marketing communications • Confidence will be built • Education and training of new actors Prevention is better than cure (Erasmus)