РАЗВИТИЕ

НА САМОРЕГУЛАЦИЯТА В СТРАНИТЕ

ОТ ЕВРОПЕЙСКИЯ СЪЮЗ

МОНИКА КОРКОШОВА, ИЗП. ДИРЕКТОР НА ОРГАНИЗАЦИЯТА ЗА

САМОРЕГУЛАЦИЯ НА СЛОВАКИЯ

EASA– The European Alliance for advertising self-regulation

- EASA – The Single Ad SR voice since 1992

- Promoting responsible advertising through best practice in self-regulation

50/50 balance SROs/associations

SR (practitioners) committee - BP, Data, operation

TaskForces: Sustainability, Statistics

Media committee – Digital Mark. Comms

Coordination with industry sectors: Alcohol, Food

Workshops: Monitoring, Operational (copy advice)

Not SRO but Alliance of SROs/SR supporters

EASA promotes responsible advertising through best practice in self-regulation

• 33 SROs in 31 countries

• 26 from 24 European members

• 7 corresponding members

(AUS, BRA, CAN, CHL, IND, NZ, SA)

• 16 industry organisations

• Advertisers

• Agencies

• Media

• Others

What is self-regulation?

• Industry polices itselfto make sure ads are legal, honest, truthful and decent

• Accepted standards & rules‘professional diligence’

• National Self-Regulatory bodies (SROs) apply rules

RPR/Rada pre reklamuThe SASC/The Slovak Advertising Standards Council

was founded on the 3rd of March 1995

goal: with the help of EASA and its current 37 members (i. e.

advertisers, advertising agencies, media) to pursue and maintain the

highest standard of advertising ethics possible

basics of ethics: Ethical Code

administration: Plenary Assembly, President, Presidium

supervises, Control Commision, Complain Comitee, Executive

Director

What is a Self-Regulatory Organisation (SRO)?

‘Advertising Watchdog’

Independent body, guardian of the code

Funded by industry

REACTIVE:

• Handles consumer & competitor complaints

• Issues sanctions (modify or withdrawal)

PROACTIVE:(EASA Best Practice)

Advice, training and awarenessMonitoring compliance with the codes

Benchmarking

Advertising Complaints handling in Europe

• SROs in Europe deal with +/- 50 000 complaints every year

• Represents less than 0.1% of total number of ads circulating

• Quick – complaints usually handled within 3-30 working days

• Flexible - Technological and Societal change

• Cheap & Accessible – Consumer doesn’t pay & accessible on/offline

• Reversal of burden of proof – Companies must prove innocence

• Industry listens to SRO rulings -> effective sanctions adverse publicity

• Effective Sanctions: modification or withdrawal with media gatekeeper

Advantages of complaint handling through SROs

SCOPE: extends rules to all marketing communications and new media

“…marketing communications should be interpreted broadly to mean any form of

commercial produced directly by or on behalf of marketers intended primarily to promote

products…”

www.iccwbo.org

Most advertising codes are based on the Consolidated ICC Code of Advertising and

Marketing Communication Practice

Types of SR systems across Europe

1. Scandinavian model: SR within an Ombudsman

environment

2. Main European model: SR/legislation balance

3. Anglo-Saxon model: SR within a light legislative

framework

Different forms of SR across Europe

SR systems components (1/2) Structure

• Board of directors

• Jury

Funding

• Levy system

• Membership fees

Code ownership

• Industry owned code

• mixed

Basic characteristics of most SROs

SR systems components (2/2) Main activities

• Copy advice/preclearance

• Monitoring

• Complaints handling

• Appeals

• Sanctions

• Other activities

Basic activities of most SROs

Where self-regulation fits in

Ad Preparation

Idea

Review

Final copy

Feedback

Complaint

Company review / Codes

SRO Copy AdviceUnacceptable ads

modified or rejected

Publication of decisionEducation, monitoring and training

BEFORE COPY ADVICE

AFTER COPY ADVICE

Copy Advice example

EASA Best Practice Recommendations

• Offer support and advice to SROs & industry

• Stimulate and assist national discussions on the development of self-regulation according to the BPR model

• BPRs are not formally binding: implementation is the result of negotiations between SRO members at national level within the context of the existing (self) regulatory framework

EASA developed Best Practice Model to support further SRO development

Promoting effective self-regulation?

June 2004 summit: EASA members sign the

EASA Advertising Self-Regulatory Charter

sets 10 best practice principles

Geographical coverage Media coverage Funding Codes Consultation

Administration Complaint handling Advice Sanctions Consumer awareness

EASA Charter/Commitments & EU Ad Roundtable

Feb 2005: ‘EASA white paper’ to Commissioner Kyprianou

=>EASA to report on EU-25 implementation by end 2007

EASA « Get fit programme » to meet SR targets

DG Sanco Advertising Roundtable discussions

organised on basis of EASA Charter:

DGs Sanco & InfSo, SecGen, Industry, EASA & NGOs

Follow up on charter commitments

EU Advertising Round Table Report

“The Round Table agreed on a best practice model, […] which

coincides with the essential thrust of recently adopted EASA

best practice”

“I am confident that self-regulation will be given the full weight in

society’s choices among the menu of regulatory options.”

Robert Madelin, Chair of EU Advertising Round Table

European Commission sees future for SR, also for DMCs

Commissioner Reding (ISFE expert conference, 2007)

“As demonstrated by a specific new provision in the audiovisual media services directive, the Commission is a strong supporter of co- and self-regulation regimes that are broadly accepted by stakeholders and provide for effective enforcement.”

Commissioner Kuneva (Roundtable on Digital Issues, 2008):“We are also witnessing a worrying trend in the blurring of commercial and non-commercial communication. It is not always clear online when a published item is commercially sponsored. […] These developments are bound to challenge legislation and the self-regulatory systems that mostly control advertisement activities.”

Regulation and Self-regulation

Audiovisual Media Services directive Art. 3.3

• Member States shall encourage co- and/or self-regulatory

regimes at national level in the fields coordinated by this

Directive to the extent permitted by their legal

systems.These regimes shall be such that they are broadly

accepted by the main stakeholders in the Member States

concerned and provide for effective enforcement. 

Impact of legislation on SR across Europe

Basic set of rules Audiovisual communications must not:

• Prejudice respect for human dignity

• Include any discrimination on grounds of race, sex or

nationality

• Be offensive to religious or political beliefs

• Encourage behavior prejudicial to health or to safety

• Encourage behavior contrary to protection of the

environment

Requirements in AMS which are also in line with SR codes

Unfair Commercial Practices (UCP) Directive implementation

Designed to increase overall consumer

protection

Advertising codes will be adjusted

accordingly

Enhanced information requirements re.

pricing offers,

Substantiation of proof, omission of

facts

Emphasis on the ‘average consumer’

Unfair Commercial Practices Directive (check impl. Status in Slovakia)

Stuff on CEE working group

Gender stereotyping

Taste and Decency

Misleadingness

Alcohol advertising

Food advertising

Advertising to children

Green advertising

Virals/spoofs

Integrated campaigns

Advertising in the spotlight – legislative threats and media interest

The obligatory ‘hot topics’ slide

Guidance regarding SR application to digital marketing

communications

Clarification of a Best Practice approach

Basis for SRO & industry agreement on approach best

suited to local circumstances ensuring consistency of

remit & application throughout Europe

Future of SR: EASA Best Practice Recommendation on Digital Marketing Communications

• No need for new code

• Need for clarification of remit

• ICC code/definitions & national codes apply to all forms of marketing communications, including digital

• SR application limited: not everything on a website is promotional

• Listing of specific elements covered and excluded by SR

• Baseline for a common approach: Member States, sectors and companies may go beyond

Overall approach – Main points

Definition of DMCs as depicted inthe ICC Consolidated Code

www.iccwbo.org

What will be in SR remit….

• Text ads• Paid Search• Online ‘public’ classified ads• Display ads (moving & non-moving)• Marketer-created or endorsed User

Generated Content (UGC)• Online in-game ads• MMS/SMS ads• Video Outdoor• DVD/CD-Rom

… non-exhaustive list

What will be out of SR remit…

Exhaustive list:

• Editorial content incl independent reviews on websites

• Corporate reports

• Genuine User Generated Content (non-endorsed/non-marketer created)

• Techniques generally prohibited by law (spyware, malware)