Download Hillary Souter

“Our Ts and Cs say
it’s the Advertiser’s
responsibility”
The Advertiser warrants that all Copy lodged:
•
Complies with all laws, statutes, regulations, codes of practice and any standards applicable to
publication of Copy and determined by any relevant regulatory agency or industry regulatory body;
•
Complies with any standard or requirement specified by Bauer and notified to the Advertiser from
time to time;
•
Does not infringe copyright, trademark or other legal rights of any person;
•
Is not false or misleading, and is true in substance and in fact;
•
Without limiting the above, does not infringe the Fair Trading Act 1986;
•
Does not contain anything which may give rise to any cause of action by a third party against the
company.
•
IS DIGITAL DELIVERY A ROBUST DEFENCE?
Self Regulation
– Industry has supported standards in advertising
for 40 years
– Consumer-focused complaints process
– Complaints Board moving to meeting twice a
month to deal with complaints
– Prompt decision compliance is essential for a
credible process
Self-regulation supports
consumer confidence
in advertising and communications
The following slide is from a presentation by the International Chamber of
Commerce, based on the globally-applied principles of the Consolidated ICC
Code of Advertising and Marketing Communication Practice.
Why is ethical communication important?
Ethical advertising and
communication …
Increases customer satisfaction
WHO ? HOW ?
CUSTOMERS’ TRUST
Raises the value of the brand
BRAND VALUE
Improves the reputation of the
industry
INDUSTRY CREDIBILITY
Maintains the effectiveness of
advertising and communication
Reduces the risk that laws and
regulations will constrain the
advertising and communication
activities
Protects the professional reputation
Potential consequences of
unethical advertising and
communication
Customer dissatisfaction
Hurts the value of the brand and
inflicts economic damage on the
company
Hurts the reputation of the industry
ADVERTISING AND
COMMUNICATION
EFFECTIVENESS
ADVERTISING AND
COMMUNICATION
FREEDOM
Reduces the effectiveness of
advertising and communication
YOUR CAREER…
Damages the career and future
Leads to constraining and
bureaucratic government regulations
Context
Medium
Audience
Product
Social Media Guidance
• We are platform agnostic
• Level playing field for advertising standards and
responsible self-regulation
• The ASA Codes of Practice apply to advertising –
not all social media content is advertising
• ASCB final arbiter
Zoo Magazine - Australia
Zoo Magazine - Australia
“The Board considered the image of the woman wearing Nintendo
underpants accompanied by the advertiser’s question “What would
you call this console?”.
The Board considered that this image and question presented
women as an object (in this case a game console) and in a
demeaning manner to the extent that the image and accompanying
question can be said to discriminate against women.
The Board also considered that some of the user generated
comments contained language which is discriminatory towards
woman.”
Content Marketing
• What is the intent of the content – if it is selling / promoting – it
is likely to met the definition of advertising.
• Understand consumers’ expectations of your editorial content
– will they care in some titles more than others? They don’t
like being ‘tricked’ re what is advertising and what is not.
• ASA would be happy to work with media members on
guidance in this area – we have advertorial / editorial guidance
but it is dated.
Take care
•
•
•
•
•
Therapeutic claims in cosmetic advertising
Weight management
Toddler formula
Alcohol
Children and food – particularly high fat / salt / sugar
• Build trust with the advertisers / agencies – if you are booking
ads in categories that require a high standard of social
responsibility – know the copy.
ASA HELP
1. Magazines are well placed to target niche audiences.
2. What is the intent of the content – this will guide jurisdiction?
3. If you quote facts / figures – you must have a credible source
& take care with survey results.
4. You think advertisers will give you legal and code compliant
copy. They think you are the experts and will not run the ad if
there is an issue.
5. Its election year and the Winter Olympics and Commonwealth
Games are on.