Advertising regulation
Encyclopedia
Advertising regulation refers to the law
s and rules defining the ways in which products can be advertised
in a particular region. Rules can define a wide number of different aspects, such as placement, timing, and content. In the United States
, false advertising
and health
-related ads are regulated the most. Many communities have their own rules, particularly for outdoor advertising. Sweden
and Norway
prohibit domestic advertising that targets children. Some European countries don’t allow sponsorship of children’s programs, no advertisement can be aimed at children under the age of twelve, and there can be no advertisements five minutes before or after a children’s program is aired. In the United Kingdom
advertising of tobacco on television, billboards or at sporting events is banned. Similarly alcohol advertisers in the United Kingdom
are not allowed to discuss in a campaign the relative benefits of drinking, in most instances therefore choosing to focus around the brand image and associative benefits instead of those aligned with consumption. There are many regulations throughout the rest of Europe
as well. In many non-Western countries, a wide-variety of linguistic (Bhatia 2000, pp. 217–218) and non-linguistic strategies (e.g. religion; Bhatia 2000, pp 280–282) are used to mock and undermine regulations.
Two of the most highly regulated forms of advertising are tobacco advertising
and alcohol advertising
.
, advertising content is self-regulated and is governed according to standards contained in a Code of Advertising Practice established by the Advertising Standards Authority
(ASA) of South Africa, whose members are advertisers, advertising agencies, and media sources that carry advertising. The ASA of South Africa's Code of Advertising Practice is based on the International Code of Advertising Practice prepared by the International Chamber of Commerce
.
In the United Kingdom
, advertising content regulation is governed by the Advertising Standards Authority
whereas in the UK most forms of outdoor advertising such as the display of billboards is regulated by the UK Town and County Planning system. Currently the display of an advertisement without consent from the Planning Authority is a criminal offence liable to a fine of £2500 per offence. All of the major outdoor billboard companies in the UK have convictions of this nature.
In the United States
, the Federal Trade Commission
is the highest authority on the subject. States and more local political divisions can have their own laws on the subject.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
s and rules defining the ways in which products can be advertised
Advertising
Advertising is a form of communication used to persuade an audience to take some action with respect to products, ideas, or services. Most commonly, the desired result is to drive consumer behavior with respect to a commercial offering, although political and ideological advertising is also common...
in a particular region. Rules can define a wide number of different aspects, such as placement, timing, and content. In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, false advertising
False advertising
False advertising or deceptive advertising is the use of false or misleading statements in advertising. As advertising has the potential to persuade people into commercial transactions that they might otherwise avoid, many governments around the world use regulations to control false, deceptive or...
and health
Health
Health is the level of functional or metabolic efficiency of a living being. In humans, it is the general condition of a person's mind, body and spirit, usually meaning to be free from illness, injury or pain...
-related ads are regulated the most. Many communities have their own rules, particularly for outdoor advertising. Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
and Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
prohibit domestic advertising that targets children. Some European countries don’t allow sponsorship of children’s programs, no advertisement can be aimed at children under the age of twelve, and there can be no advertisements five minutes before or after a children’s program is aired. In the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
advertising of tobacco on television, billboards or at sporting events is banned. Similarly alcohol advertisers in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
are not allowed to discuss in a campaign the relative benefits of drinking, in most instances therefore choosing to focus around the brand image and associative benefits instead of those aligned with consumption. There are many regulations throughout the rest of Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
as well. In many non-Western countries, a wide-variety of linguistic (Bhatia 2000, pp. 217–218) and non-linguistic strategies (e.g. religion; Bhatia 2000, pp 280–282) are used to mock and undermine regulations.
Two of the most highly regulated forms of advertising are tobacco advertising
Tobacco advertising
Tobacco advertising is the advertising of tobacco products or use by the tobacco industry through a variety of media including sponsorship, particularly of sporting events. It is now one of the most highly regulated forms of marketing...
and alcohol advertising
Alcohol advertising
Alcohol advertising is the promotion of alcoholic beverages by alcohol producers through a variety of media. Along with tobacco advertising, it is one of the most highly-regulated forms of marketing...
.
Regulatory authorities
In South AfricaSouth Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
, advertising content is self-regulated and is governed according to standards contained in a Code of Advertising Practice established by the Advertising Standards Authority
Advertising Standards Authority (South Africa)
The Advertising Standards Authority of South Africa, is an independent entity organized and financed by members of the marketing communications industry of South Africa. Its purpose is to manage South Africa's voluntary, self-regulating system of advertising...
(ASA) of South Africa, whose members are advertisers, advertising agencies, and media sources that carry advertising. The ASA of South Africa's Code of Advertising Practice is based on the International Code of Advertising Practice prepared by the International Chamber of Commerce
International Chamber of Commerce
The International Chamber of Commerce is the largest, most representative business organization in the world. Its hundreds of thousands of member companies in over 130 countries have interests spanning every sector of private enterprise....
.
In the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, advertising content regulation is governed by the Advertising Standards Authority
Advertising Standards Authority (United Kingdom)
The Advertising Standards Authority is the self-regulatory organisation of the advertising industry in the United Kingdom. The ASA is a non-statutory organisation and so cannot interpret or enforce legislation. However, its code of advertising practice broadly reflects legislation in many instances...
whereas in the UK most forms of outdoor advertising such as the display of billboards is regulated by the UK Town and County Planning system. Currently the display of an advertisement without consent from the Planning Authority is a criminal offence liable to a fine of £2500 per offence. All of the major outdoor billboard companies in the UK have convictions of this nature.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the Federal Trade Commission
Federal Trade Commission
The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...
is the highest authority on the subject. States and more local political divisions can have their own laws on the subject.
See also
- Advertising to childrenAdvertising to childrenAdvertising to children is the act of marketing or advertising products or services to children, as defined by national legislation and advertising standards. Advertising to children is often the subject of debate, relating to the alleged influence on children’s consumption. Rules on advertising to...
- Business ethicsBusiness ethicsBusiness ethics is a form of applied ethics or professional ethics that examines ethical principles and moral or ethical problems that arise in a business environment. It applies to all aspects of business conduct and is relevant to the conduct of individuals and entire organizations.Business...
- False advertisingFalse advertisingFalse advertising or deceptive advertising is the use of false or misleading statements in advertising. As advertising has the potential to persuade people into commercial transactions that they might otherwise avoid, many governments around the world use regulations to control false, deceptive or...
- PufferyPufferyPuffery as a legal term refers to promotional statements and claims that express subjective rather than objective views, which no "reasonable person" would take literally...
External links
- Guide to Advertising Law and Marketing Regulations at Business.gov
- The Regulation of Advertising at MediaKnowAll.com