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Welcome!

Advertising Ethics and Regulations

Dr. Satyendra Singh

Professor, Marketing & International Business

University of Winnipeg, CANADA

sites.google.com/view/drsatsingh

s.singh@uwinnipeg.ca

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Objectives

Ethical, social, economic effects of ad

Regulations

all links on the course website for more details

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Is it misleading?

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What you ordered

What you received

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Blame Game

Misleading Advertiser Negligent Consumer

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① Ethical

Deceptive

25% dishonest, puffery, excessive subjective praise

Offensive

bad taste, extreme fear/sex/shock appeal attention eg AA AD

partial nudity, culture, religion, age, education # complaints

Children

no cognitive defense, diff between ad and program…

need socialization, watch media anyway, parent-child relations not disturbed

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Social

Materialism

not spiritual/intellectual, social mobility, Maslow BMW

Persuasion/information

not easy, 5-sec ad, so spend on ad, right to choose…

Women

traditional roles, housewife, changing roles, men cooking…

Visible minorities

over represented in lower roles, stereotyping…

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Economic

Consumer Choice

Ad differentiator, sell at price, $ for Ad

customers can choose at shelf, many NPD each year

Competition

barrier, MNC buy media in bulk at discount, so spend Ad

quality, cannot price

Costs and Prices

Ad perceived value, sell at price, $ for Ad

economies of scale, offsets more than Ad costs

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But, how serious is the injury if misled?

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Advertising Principles of the �Association of Canadian Advertisers

Ad must behave responsibly

Ad have a right to freedom of speech

Ad support a vibrant, competitive economy

Ad contribute to the Canadian economy and culture

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② Canadian Radio-Television and Telecommunications Commission (CRTC)

Mandate is to ensure that the Broadcasting Act and the Telecommunications Act are upheld throughout Canada.

Objective of each Act is to ensure all Canadians can receive broadcasting and telecommunications services.

Ensures Canadian content occurs in Canadian media

Areas for broadcasting where CRTC is involved: Ad time limits and signal substitution

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Competition Act — prevents false or misleading Ad

Ensures compliance with the act rather than seeking punishment.

No false claims - Buy this vacuum and bags are free. Then $12 admin fee

No false impression - Drive away in a corvette for $39,000 but show the $50,000 on the ad

No double meanings - sales but not in quality

No contradictions - don’t pay until 20xx but fine print says except for taxes and freight of $750)

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Ad Standards (AS)

Not-for-profit, self-regulatory industry body

Mandate is to create and maintain community confidence in Ad

AS Division

Administers industry’s self-regulatory codes

Handles complaints about advertising

Administers any disputes arising between advertisers

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Canadian Code of Ad Standards

The Code describes what is not acceptable advertising

Intent is to provide standards for responsible and effective advertising without minimizing right of firms to advertise

Pertains only to content of ad

Does not limit promotion of legal products or demonstration of products for intended purpose

Does not supersede any other laws or regulations

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Clauses of Canadian Code of Ad Standards

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1 Accuracy & Clarity

8 Professional/Scientific Claims

2 Disguised Advertising Techniques

9 Imitation

3 Price Claims

10 Safety

4 Bait & Switch

11 Superstitions & Fears

5 Guarantees

12 Advertising to Children

6 Comparative Advertising

13 Advertising to Minors

7 Testimonials

14 Unacceptable Depictions & Portrayals

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AS and Canadian Children’s Food and Beverage Advertising Initiative (CAI)

AS acts as the administrator for CAI.

Initiative is in response to obesity problem among children.

Marketers agreed to core principles for advertising directed to children under 12

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CAI’s 5 Core Principles for Advertising to Children

Devote 100 percent of television, radio, print, and Internet advertising to furthering the goal of promoting healthy dietary choices and/or healthy active living.

Incorporate only products that represent healthy dietary choices in interactive games primarily directed to children under 12 years of age.

Reduce the use of third-party licensed characters in advertising for products that do not meet the CAI’s product criteria.

Do not pay for or actively seek to place food and beverage products in program/editorial content of any medium.

Do not advertise food or beverage products in elementary schools.

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Gender Portrayal Guidelines

to ensure women and men are portrayed appropriately and equally.

6 overall clauses

Authority

Decision making

Sexuality

Violence

Diversity

Language

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Complaint Process

3 streams

Consumer

Special interest group

Advertiser disputes

Step 1: Complaint is authenticated

Step 2: Complaint is evaluated for legitimacy

Step 3: Advertiser is contacted with opportunity to respond

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Example of a Complaint

Two women passionately kissing in alcoholic beverage ad (113 complaints). Scene inappropriate for family viewing

Verdict -- Council agreed with the complain that the commercial offended standards of public decency. But it did not violate the code provided it was shown after 9:30pm

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Conclusion

Most advertisers do not design their messages to be deceptive, or with intent to mislead or deceive

National advertisers invest great deal to create loyalty to and enhance image of brand

Companies would not risk losing the hard-won trust of consumers

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Questions?�s.singh@uwinnipeg.ca

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