Friday 24 April 2015

9 Advertising Regulation

Learning objective: To consider the role of the ASA in regulating advertising

Key terms: decent, honest and truthful


ASA – Advertising Standards Authority



All ads should be legal, decent, honest and truthful. (The ASA)


Without good reason advertisers should not play on fear or incite distress.


Advertisers should not condone nor incite violence or antisocial behaviour; they should not offend.

There are specific rules concerning health claims with regards to such things as tobacco and alcohol.

Children are also carefully considered –

‘advertisements should not contain anything which is likely to exploit their credulity, lack of experience or sense of loyalty’.

[ASA cannot censor adverts, it can respond to complaints and make advertisers aware of public concern. It can put pressure on advertisers to pull adverts.]


In the written paper, you will need to show good knowledge of advertising regulation 
When you discuss the three main texts/campaigns we have studied you should also be able to show that you are aware of some of the major issues surrounding advertising regulation.
This pages contains links to some short case studies.


The ASA 
History

In 1961 the Advertising Association established the Committee of Advertising Practice (CAP) to draft the British Code of Advertising Practice (the CAP Code). In 1962 the industry set up the Advertising Standards Authority (so named even though it is not a public authority in the usual sense) to adjudicate on complaints that advertisements had breached the new Code. The ASA operated under an independent chairman who was to have no vested interest within the industry.

The Advertising Standards Authority ensures that adverts are legal, decent, honest and truthful and that they do not mislead, harm or offend and are socially responsible.


What makes people complain about ads? 
• In 2011 the ASA handled 31,458 complaints about 22,397 ads. 
• They ruled 4,591 had to be changed or withdrawn. 
• What do you think people complain about?



















Why wouldn't these ads be allowed today?

Pre-regulation 

1965 advertising of cigarettes is banned on TV. 2003 the ‘Tobacco Advertising and Promotion Act’ came into force, prohibiting the advertising and promotion of tobacco products. 
___




(Misleading)

What makes people complain about ads? 
• In 2011 the ASA handled 31,458 complaints about 22,397 ads. 
• They ruled 4,591 had to be changed or withdrawn. 
• What do you think people complain about?

The importance of Context

Context: Youtube What was the complaint made to the ASA?


 The Advertising Codes require that ads should not be likely to be of particular appeal to children or young persons, especially by reflecting, or being associated with youth culture...

Context – A pop-up ad on a website in paid-for ad space. 
Advert for a ring tone featuring the American ventriloquist, Jeff Dunham, with his dummy, “Achmed, the Dead Terrorist”. 
The ringtones used some of the phrases from Mr Dunham’s act, including, “Silence! I kill you!”, “Stop touching me” and “Knock, knock. Who’s there? Me. I kill you.” 
What was the complaint?

A viewer challenged whether the ad was offensive because it was racist towards Muslims. The ASA noted that at no time did the ad make any reference to terrorism or the Islamic faith, and therefore concluded the ad was unlikely to cause serious or widespread offence.
Not upheld.

Print based ads; What was the complaint made to the ASA?




If advertisers go too far in using airbrushing and other post-production techniques to alter the appearance of models and it’s likely to mislead people, then that’s wrong and we’ll stop the ads. Advertisers must be able to provide appropriate material to us to demonstrate what retouching they’ve done in the event we question them, and they mustn’t mislead,” - Guy Parker (Head of the ASA)
The companies involved gave these responses.
“L’Oreal admitted post-production techniques had been used in its advert featuring Turlington to “lighten the skin, clean up make-up, reduce dark shadows and shading around the eyes, smooth the lips and darken the eyebrows. 
However, the beauty firm said it believed the image accurately illustrated the results the product could achieve.”

 Basically: you're product doesn't work but computers do. 

They admit that they reduced the dark shadows in the ad that sells a product claiming it reduces dark circles but still maintain that the picture is accurate. 

The company, which provided the ASA with pictures of both women “on the red carpet” to show that they were naturally beautiful, admitted that digital post-production techniques had been used on Roberts but maintained that the changes were not “directly relevant” and that the ad was an “aspirational picture”.
So, she's beautiful, you only had to use computers to make her even more beautiful so that people could aim to be like that because aiming to be Julia Roberts in her natural Red-carpet form wasn't unrealistic enough in the first place? 

Harmful/irresponsible ads




The media watchdog said the ads might be sending the clothing company's young audience the wrong idea about body image.






The ASA received 774 complaints about this anti-smoking TV and poster campaign. The ASA ruled that the adverts were suitable to be seen by adults, but not by children. The advertiser had to take steps to ensure the adverts would not be seen by children.

Moving Image 
  • This is one of the most complained about ads in recent history! 
  • 1,089 viewers complained. 
  • Why?
 

  • 220 people complained it was offensive to blind people. 
  • 1070 complained that it might encourage cruelty to animals. 
  • The ASA decided the complaints were not upheld. No breach of rules regarding likelihood of causing harm or offence, did not encourage or condone violence or cruelty, would not cause serious distress, didn’t show harmful or negative stereotypes.

  • Paddy Power plc – July 2010 Not upheld The ASA said it was not offensive in itself to create an advert referring to people with a disability. Paddy Power said it featured an action “so unlikely that it was absurd”. Paddy Power said the advert did not show the cat being kicked or suffering any violence or cruelty. It was clearly and deliberately shown to be unharmed at the end of the item. Paddy Power had chosen a blind football match to promote a lesser-known sport – the World Blind Football Championships were going to take place in 2010. Paddy Power produced a letter of support from the manager of the England Blind Football Team. All the players in the ad were actual blind football players, many of whom had represented the national side.

  • The ASA’s final decision was: 
  • 1. The action in the ad would be interpreted by most viewers as a humorous depiction of a fictional situation, with the humour derived from surreal and improbable circumstances, when an unforeseeable and accidental action occurred. 
  • 2. It was unlikely to be seen by most viewers as malicious or implying that blind people were likely to cause harm to animals whilst playing football. 
  • 3. The ad was unlikely to be seen as humiliating, stigmatising or undermining to blind people and was unlikely to cause serious or widespread offence.


  • Complaints 
  • • The ASA investigate. 
  • • If the complaint is ‘upheld’ then the advertiser is required to remove/amend the ad. They are prohibited from using similar approaches in future marketing. 
  • • The ASA promotes itself as highly effective, however sanctions are weak and compliance variable.
Coco Chanel:
Why would people complain about this ad?





  • The 2011 campaign featuring Keira Knightley came under an ASA ruling in 2013.
    The section of the ad that caused the complaints was the undressing of the model by the photographer and the obvious sexual tension between the two people. This was seen to be inappropriate as it was scheduled during a children's film.

    Case Study. Chanel, Coco Mademoiselle:

      1. Who created this media message?  Why?
      This is a print ad for Coco Mademoiselle perfume which is made by the Chanel Company. This ad campaign features print and television ads, as well as a mini-feature film in which actress and spokesmodel Keira Knightley plays the role of Chanel Company founder Gabrielle “Coco” Chanel. Knightley has starred in films such as Bend it Like Beckham, Pride and Prejudice and the Pirates of Caribbean series. The campaign was created to advertise or feature Coco Mademoiselle perfume and was released to coincide with the holiday shopping season.
      2. Who is the target audience?  What text, images or sounds suggest this?  
      Coco Mademoiselle perfume was released in 2001 to target Chanel’s younger market and as a new product line to the Chanel Company’s world famous No. 5 fragrance. The Coco Mademoiselle perfume is marketed as a less expensive option, typically selling for between $75 to $100 per bottle. With that in mind, it would seem that Chanel is looking to attract their “younger market” which might imply children as young as eight years old, or possibly the "tween" market (which is generally considered ages 8-12 years old) . Although the target ethnicity is not known, every spokesmodel for Coco Mademoiselle perfume has been a young, white woman. At $75 to $100 per bottle, one might assume the class to be one that could afford such an expense. In addition, Knightley is pictured wearing an expensive-looking pearl necklace.
      3. What is the text (literal meaning) of the message?
      Knightley is pictured nude wearing a pearl necklace and is strategically covered by a black bowler hat and a white dress shirt. A large image of the Coco Mademoiselle perfume bottle is prominently featured in the foreground. The Chanel logo is in all-white in the top-right hand corner of the ad and the words “Coco Mademoiselle” are in black to the left of Knightley. The only other text on the ad is “shop chanel.com” in small type in the lower right hand corner. The background has a “black and white” theme.
      4. What is the subtext (unstated or hidden message)?
      The designers of this ad appear to be going for a perceived “classic” look, utilizing a black and white color scheme, old-fashioned accessories and a sexualized female subject. It is important to note that Knightley appears nude (although strategically covered) in all segments of this ad campaign.
      The ad also appears to send a message of an elegant lifestyle…one of wealth and privilege. It seems to both glamorize and define “beauty.”
      5. What tools of persuasion are being used?
      Symbols - This ad uses strong overtones of sexuality. Symbols include the use of the black and white design scheme and the props (bowler’s hat, pearl necklace and dress shirt) in an effort to promote the concept of elegance and wealth.
      Celebrities - Keira Knightley is a film actress and has no connection to what
      is being sold, aside from getting paid to endorse it.
      See Language of Persuasion post.
      6. What healthy messages are communicated? What unhealthy messages are communicated?
      There really appears to be no healthy messages in this advertisement. The implication that buying and wearing this perfume will help the purchaser achieve elements such as beauty, sexiness, elegance, wealth and refinement is simply a fantasy that no product can provide.
      7. What part of the story is not being told?
      The price per bottle, between $75 and $100, and the ingredients of the perfume.
      The timing of the launch of the ad campaign was of particular interest, as the bulk of the television ads were set to be released in early December, which seems to target the market that is buying for the Christmas holiday. This is a continued push for a consumer culture that makes promises of happiness and fulfillment through product purchases.
      Knightley was paid a reported one million dollars for a one-year campaign with Chanel. However the cost, both literal and figuratively, of products like this one, often doesn’t provide the level of satisfaction the buyer might hope for.

    • http://www.burlexe.com/keira-knightleys-chanel-advert-banned-from-childrens-tv/

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