LEGAL ENVIRONMENT AND ADVERTISING ETHICS Prasar Bharati Act, possibly the most important legislative move for the future of Indian broadcasting, came into force on September 15. With this, a three-person selection committee formally began the task of choosing the 15-member Prasar Bharati Board that will transform Doordarshan and All India Radio (AIR) into constituents of an autonomous Broadcast-ing Corporation. The committee comprises Vice-President Krishan Kant, Press Council Chairman P.B. Sawant and a nominee of the President who was yet to be named. How long the group was likely to take to complete its task also remained unclear. The Prasar Bharati Corporation : Doordarshan and AIR have been placed under an autonomous body, namely, the Prasar Bharati (Broadcasting Corporation of India) with effect from 23rd November, 1997. The main objective is to free the media from Government control so that citizens can exercise their fundamental right to freedom of expression and to ensure that access to media is not the privilege of the political party in power alone. Prasar Bharati is envisaged to be the Public Service Broadcaster in the country. The main challenges before the Corporation are: Providing the ideal mix of infotainment backed by good quality transmission Reaching remote and inaccessible areas Raising financial resources without compromising the main objective of being a public service broadcaster. Prasar Bharati The Prasar Bharati Act came into existence in September 1990 and came into force with effect from 15 September 1997. The act sought to free Akashwani (All India Radio) and Doordarshan from direct control of the Government and provides for establishment of an autonomous Corporation for electronic media. The Prasar Bharati Amendment Bill 1998 was passed in the Lok Sabha in August 1998. The Bill sought to revive the Prasar Bharati Act 1990 and nullifies the effect of the Ordinance promulgated last year. On August 29, 1998 Prasar Bharati (Broadcasting Corporation of India) Ordinance 1998 was promulgated to restore the original Prasar Bharati Broadcasting Corporation of India Act 1990. As in the original Act, the Ordinance provides for establishment of a Parliamentary Committee to oversee the functioning of the Corporation establishment of a Broadcasting Council the appointment of two full time members of finance and personnel retirement of the 1/3 members by rotation Fixing the upper age limit of 62 years for the CEO. Advertising in India has expanded rapidly in the post-Independent era, keeping pace with the growth of various industries. Advertising expenditure as a percentage of Gross National Product is .25 per cent in India as compared to 2.9 per cent in USA. The emergence of TV advertising from a non-entity in 1970's to a dominant medium of advertising is a major development of this decade. The advertisements contributed to DD an income of Rs 610 crores in the year 1999-2000. The press continues to obtain most of the advertising share. In the year 1997, twenty-eight dailies derived more than 75% of their income through ads. Around 19 dailies devoted more than 60% space to advertisements. The Directorate of Advertising and Visual Publicity (DAVP) places advertisement in various newspapers and journals on behalf of various Ministries and Departments of the Government of India. A number of autonomous bodies and public sector enterprises channelise their advertising through DAVP. The Code of Advertising Practice was adopted by The Advertising Council Of India with a purpose to control the content of advertisements and to ensure that the they are not offensive to generally accepted standards of public decency. All India Radio Code for Commercial Advertising lays down standards of conduct for advertisers on Indian radio. The Code of Commercial Advertising on Doordarshan published in 1986, lays down standards of conduct for advertisers on Indian television. Copy Right Act Act to safe guard the original work and creative talents of artists ( including painter, musician, sculpture, wroter, poet singer etc.) Modern technology and global spread of art has made it compulsory to reach out to a larger audience Different acts in different to protect creativity from plagiarism and theft Indian Copy Right Act was introduced in 1957 It extends to the whole of India even for the foreign work which is meant to be viewed in India Any artistic work means, “ a painting, sculpture, drawing, map, plan or chart, photograph, design, architecture, dramatic work ( part or finished), musical composition, cinematography, film, sound recording, visual image, features, computer programs, novels , short stories, essays or any other non fictional writing including course work. It also extends to the government work including legislation, judiciary document, any part or the whole of the Indian Constitution, parliamentary proceedings concert, dance performance or films and documentaries meant for any government purpose It also includes joint authorship where two or more authors have jointly produced any work Chapter two of this act suggests the establishment of the Copy Right Board. It would be directly under the control of the Registrar of Copy Right working within the central government control The powers and the functions of Copy Right board are subject to amendments and under section 345 and 346 of the Criminal Procedure Code, it is considered to be at par with the rights of the Civil Courts. The Patent Act Background 1. The Patent Act, 1970 came into force on 20.4.1972 replacing Indian Patents and Designs Act, 1911. When India became independent, the Govt. of India appointed the Patent Enquiry Committee . The Patent Bill, 1965 based mainly on his recommendations and incorporating a few changes, in particular relating to Patents for food, drug, medicines, was introduced in the lower house of Parliament on 21st September, 1965 The Patents Act, 1970 in comparison with Indian Patents and Designs Act, 1911 has far more reaching effect in some areas such as food, Drug and Medicines where all the patents granted under this category and deemed to be endorsed with the words “License of Right”. The chapter XXII provides international arrangements with the countries outside India, which afford to the applicants for Patents in India or citizens of India, similar privileges as are granted to its own citizens in respect of grant of Patent and the protection of their patent rights Consumer Protection Act For better protection of the interest of consumers Following are the objectives of the act: 1. Right to be protected against marketing of goods hazardous to life and property 2. Right to be informed about quality, quantity, potency, purity and price. Continued… 3. Right to assured for the access of goods at competitive price. 4. Right to be heard and to be protected by appropriate forums 5. The Right to seek redressal against unfair trade practices or any other method of exploiting consumers 6. Right to consumer education Continued… The act is divided in four chapters1. Preliminary: According to this, the Act is extended to the whole of regional boundaries of India, except the state of Jammu and Kashmir Some of the definitions covered in this chapter are: a. Consumer: It means any person who buys any goods or services made by any payment system for his own use and not for the resale or commercial use Continued… b. Complaint: It means any allegation in writing made by the consumer regarding any unfair trade practice, any goods with defect, any service which is faulty or not on time, excess price charged or goods hazardous to life and safety Continued… 2. Consumer protection council 3. Consumer dispute redressal 4. Miscellaneous Critique of the society: Jean Kilbourne She was a writer writing mainly about alcohol, tobacco and women As per her, the average citizen of a metro gets about 800 ads in one day, but remarkably, most of us believe that we are NOT influenced by the ads. Some of her important books are “Killing US Softly”, “Pack of Lies”, “Sleek Hopes”, “Cant Buy My Love” Writes mainly about the social implications of advertising Compares between women’s state of mind and the product advt. specially alcohol and cigarettes Advertising encourages us to develop relationship with the products Advertisers believe that “Reach the right bird and the whole flock will follow” Women’s magazines are ridiculous as they talk about breast cancer and leukemia and how to fight it with a positive attitude and in the same magazine, they put cigarette ad Some important chapters from her books are titled as “We are the product”, “Advertising is our environment”, “The corruption of relationships”, “Falling in love with food”, “Cutting girls to size”, ”Alcohol and Rebellion”, etc. We substitute things for people-we mirror behavior of addict-dooming ourselves to return unsatiated to the ice cream or lipsticks or puffs The next glass of wine can never love us back like a person does, but with time, it becomes the focus of our emotions Advertising of alcohol and tobacco entice teenage consumers to take the first experience in a lifelong relationship We are at the risk of toxic cultural environment, women and girls are more at risk Psychology of women is so deeply rooted in relation with others, or promise of relation with products that this fact is exploited throughout woman’s life by the advertisers Most ads aimed at women offer comfort, power and gratificationfeelings that most women don’t experience in day-to-day life Cigarette ads are aware that women use smoking as a way to regulate other moods, for eg, a Marlboro ad features a worried looking baby saying, ”Before you scold me mom…maybe you better light up a Marlboro”. Critique of Society: Vance Packard He wrote a number of books on social issues, like Advertising, Consumerism and Creating artificial need Some of his important books are “The Naked Society”, “The Waste Makers”, “People Shapers”, and, “Hidden Persuaders” In Hidden Persuaders, he tries to show how advertisers use motivation research to find out the consumers’ hidden urges, and how they use this data to sell products and services Vance Packard explores a large-scale use of psychology and social sciences to understand the consumer thinking and purchase decision. This theory is based on the concept of motivation research Motivation Research Rational stage (We know what and why) Difficult to influence people Between conscious and sub conscious (We know why, but not ready to tell anyone due to prejudice, assumptions, fear and emotional promptings Can be effectively used to mould consumers’ attitude We don’t know why and what Most vulnerable stage and highly susceptible to convert to ‘Buy’ mode NAOMI WOLF: BEAUTY MYTH Naomi Wolf (born November 12, 1962) is an American author and political consultant. With the publication of The Beauty Myth, she became a leading spokesperson of what was later described as the third-wave of the feminist movement. She remains an advocate of feminist causes and progressive politics, with a more recent emphasis on arguing that there has been a deterioration of democratic institutions in the United States. In the early 1990s, Wolf garnered international public notoriety as a spokesperson of third-wave feminism as a result of the tremendous success of her first book The Beauty Myth, which became an international bestseller. In the book, she argues that "beauty" as a normative value is entirely socially constructed, and that the patriarchy determines the content of that construction with the goal of reproducing its own hegemony. Wolf posits the idea of an "iron-maiden," an intrinsically unattainable standard that is then used to punish women physically and psychologically for their failure to achieve and conform to it. Wolf criticized the fashion and beauty industries as exploitative of women, but claimed the beauty myth extended into all areas of human functioning. Wolf writes that women should have "the choice to do whatever we want with our faces and bodies without being punished by an ideology that is using attitudes, economic pressure, and even legal judgments regarding women's appearance to undermine us psychologically and politically". Wolf argues that women were under assault by the "beauty myth" in five areas: work, religion, sex, violence, and hunger. Ultimately, Wolf argues for a relaxation of normative standards of beauty. In her introduction, Wolf positioned her argument against the concerns of second-wave feminists and offered the following analysis: The attitudes toward women at that time are pretty obvious: women were seen as walking wombs, and anything they did to expand their usefulness in the world was attacked as a threat to this reality. That women could have had more to offer society beyond the children they bore was not conceivable or allowed. The advent of the two world wars changed the rules. It now became important to society for women to leave their homes and work for the war effort. Advertising in women's magazines jumped on the bandwagon: "A Pond's cold cream ad of the time read: 'We like to feel we look feminine even though we are doing a man- sized job...so we tuck flowers and ribbons in our hair and try to keep our faces looking pretty as you please.'" A cosmetics ad "admitted that while the war could not be won by lipstick, 'it symbolized one of the reasons why we are fighting...the precious right of women to be feminine and lovely.'" The propaganda in women's magazines of that day emphasized that it was okay to work in the factory, live on your own and earn your own salary, so long as you stayed feminine. And, of course, the goal of all women's magazines was to be the sole source on how to be feminine. "Women's magazines needed to ensure that their readers would not liberate themselves out of their interest in women's magazines." Wolf's basic thesis states that there is a relationship between female liberation and female beauty: "The more legal and material hindrances women have broken through, the more strictly and heavily and cruelly images of female beauty have come to weigh upon us...During the past decade, women breached the power structure; meanwhile, eating disorders rose exponentially and cosmetic surgery became the fastest-growing specialty...pornography became the main media category, ahead of legitimate films and records combined, and thirty-three thousand American women told researchers that they would rather lose ten to fifteen pounds than achieve any other goal...More women have more money and power and scope and legal recognition than we have ever had before; but in terms of how we feel about ourselves physically, we may actually be worse off than our unliberated grandmothers." The Beauty Myth is the last (and most dangerous) of a long line of lies concerning the rules of feminine attributes and behavior. It is the most dangerous because it has succeeded in effecting women's internal sense of themselves. It has created a standard of femininity that is impossible to attain, and women are reacting with increasingly obsessive behavior in their attempts to measure up. Energy that might be used to further positive goals is turned inward instead--dissipated in guilt, shame and unhappiness at one's physical faults.