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2013 Complaints Statistics of EASA’s International SRO Members

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Page 1: 2013 Complaints Statistics of EASA’s International SRO Memberseasa-alliance.org/sites/default/files/2013 Complaints Statistics of... · Source: EASA international SRO member statistics

2013

Complaints Statistics of EASA’s International SRO Members

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EASA

EASA – the European Advertising Standards Alliance is the single authoritative voice on advertising self-regulation. EASA promotes high ethical standards in commercial communications by means of effective self-regulation, for the benefit of consumers and business in Europe and beyond. Effective advertising self-regulation helps ensure responsible advertising, meeting consumers’ demand for honesty and transparency, regulators’ demand for responsibility and engagement and businesses’ demand for freedom to operate responsibly. EASA and its members have developed a robust and coherent system of advertising self-regulation that can respond effectively to new challenges. EASA is not a Self-Regulatory Organisation (SRO) in itself, but acts as a co-ordination point for best practice in the implementation of self-regulation, as well as operational standards for its national SRO members. Part of EASA’s role involves coordinating the cross-border complaint mechanism, EASA also collects and analyses top line statistical data on received and resolved complaints, as well as on copy advice requests and pre-clearance from its SRO members each year. EASA was set up in 1992 to represent national self-regulatory organisations in Europe, in 2004 it developed into a partnership between national advertising SROs and organisations representing the advertising industry. Today, EASA is a network of 54 organisations committed to making sure advertising is legal, decent, honest and truthful. EASA’s membership is made up of 38 SROs from Europe and beyond, and 16 advertising industry associations, including advertisers, agencies and the media. EASA is a not-for-profit organisation with a Brussels-based Secretariat. For further information please visit www.easa-alliance.org.

EASA Editorial Team

Greg Mroczkowski Compliance and Digital Issues Officer Maria Tsoumou Project and Finance Coordinator Jennifer Pearson Communications Manager Sibylle Stanciu European Affairs Manager Oliver Gray Director General

Copyright

The complete or partial reproduction of this publication is forbidden without the prior express written permission from EASA. Please contact Greg Mroczkowski for further information.

EASA Contact Information Greg Mroczkowski 0032 (0)2 513 78 06 [email protected]

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Table of Contents

Key Findings .............................................................................................................................. 3

Source of Statistical Data: International Advertising Self-Regulatory Organisations ................... 4

Overview of Statistical Data Collection ....................................................................................... 5

1 Complaints in 2013 ................................................................................................... 6

1.1 The Most Complained About Ads ................................................................................................. 8

2 Cases in 2013 .......................................................................................................... 10

2.1 Source of Cases Received .......................................................................................................... 12

2.2 Speed of the Resolution of Cases .............................................................................................. 14

2.3 Outcome of Cases Resolved ....................................................................................................... 16

2.4 Issues Complained About ........................................................................................................... 18

2.5 Media ............................................................................................................................................. 21

2.6 Cases about Advertising for Products and Services ............................................................... 24

Annex A: Overview of Complaints/Cases Profile by Country .....................................................27

Annex B: How an Advertising Self-Regulatory System Works ...................................................38

Annex C: Definitions of Terms and Complaint Categories .........................................................40

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List of figures

Figure 1: Total number of complaints received by EASA’s international SROs from 2009 to 2013 ............................... 6 Figure 2: Complaints by country with more than 150 complaints from 2009 to 2013 ..................................................... 7 Figure 3: Complaints by country with less than 150 complaints from 2009 to 2013 ....................................................... 7 Figure 4: Cases by country with more than 150 cases from 2009 to 2013 ................................................................... 10 Figure 5: Cases by country with less than 150 cases from 2009 to 2013 .................................................................... 11 Figure 6: Source of total number of cases in 2013 ....................................................................................................... 12 Figure 7: Source of total number of cases from 2009 to 2013 ..................................................................................... 13 Figure 8: Speed of case resolution in 2013 .................................................................................................................. 14 Figure 9: Speed of case resolution from 2009 to 2013................................................................................................. 15 Figure 10: Outcome of cases resolved in 2013 ............................................................................................................ 16 Figure 11: Outcome of cases resolved from 2009 to 2013 ........................................................................................... 17 Figure 12: Reason for cases in 2013 ........................................................................................................................... 18 Figure 13: Case numbers per reason for complaint per country in 2013 ...................................................................... 19 Figure 14: Reasons for cases from 2009 to 2013 ........................................................................................................ 20 Figure 15: Cases per medium in 2013 ......................................................................................................................... 21 Figure 16: Case numbers per media per country in 2013 ............................................................................................ 22 Figure 17: Cases per media with more than 4.4% from 2009 to 2013 ......................................................................... 23 Figure 18: Cases per products/services with more than 2.30% in 2013....................................................................... 24 Figure 19: Cases per products/services with more than 2.30% in 2013 per year ........................................................ 25

List of tables

Table 1: Overall cases per product/service in 2013 ..................................................................................................... 26 Table 2: Australia ......................................................................................................................................................... 27 Table 3: Brazil .............................................................................................................................................................. 28 Table 4: Canada........................................................................................................................................................... 29 Table 5: Chile ............................................................................................................................................................... 30 Table 6: Colombia ........................................................................................................................................................ 31 Table 7: El Salvador ..................................................................................................................................................... 32 Table 8: India ............................................................................................................................................................... 33 Table 9: Mexico ............................................................................................................................................................ 34 Table 10: New Zealand ................................................................................................................................................ 35 Table 11: Peru.............................................................................................................................................................. 36 Table 12: South Africa .................................................................................................................................................. 37

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Key Findings

This report shows the main trends in advertising complaints made throughout 20131 to the SROs

in EASA’s international network.

1 Data was collected by SROs from 01/01/2013 – 31/12/2013 and provided to EASA in 2014 – for a full explanation of EASA’s methodology see page 5.

13,954 complaints about the content of 3,561

advertisements were received

Brazil received the greatest number of overall complaints

(5,677 complaints)

39% of cases resolved were not upheld

31% of cases resolved were upheld

Misleading advertising was the most complained about

issue

Health and beauty, food products and retail were the three

most complained about sectors

Audiovisual Media Services was the most complained about

medium

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Source of Statistical Data: International Advertising Self-Regulatory Organisations

Country SRO Abbreviation

Australia Advertising Standards Bureau ASB

Brazil Conselho Nacional de Autorregulamentacao Publicitaria CONAR

Canada Advertising Standards Canada ASC

Chile Consejo de Autorregulacion y Etica Publicitaria CONAR

Colombia Comisión Nacional de Autorregulación Publicitaria CONARP

El Salvador Consejo Nacional de la Publicidad CNP

India Advertising Standards Council of India ASCI

Mexico Consejo de Autorregulación y Ética Publicitaria CONAR

New Zealand The Advertising Standards Authority ASA NZ

Peru Consejo de Autorregulación y Etica Publicitaria CONAR Peru

South Africa The Advertising Standards Authority of South Africa ASA SA

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Overview of Statistical Data Collection

Every year, EASA collects statistical data from its advertising self-regulatory organisation (SRO)

members2. The data collected by EASA allows for the identification of the main issues prompting

complaints; the product/services sector that generated most complaints and the medium that

carried most advertisements complained about.

In 2014, EASA collected data from international SROs on:

• Complaints received in 2013 • Complaints resolved in 2013 • Cases received in 2013 • Cases resolved in 2013

The results of this annual analysis are a useful and important instrument in determining and

anticipating trends in complaints about ads, as well as in identifying any problematic sectors or

issues to work on. The analysis also allows a comparison between the trends of EASA’s

international and European SRO members3.

Difference between received and resolved complaints

There is a small discrepancy between the number of complaints received and the number of

complaints resolved in 2013. EASA collects data from the previous calendar year which in this

report is 1 January 2013 to 31 December 2013. This timeframe means that there were complaints

received in 2012 that were resolved in 2013; such complaints appear as resolved complaints but

not in received complaints in the 2013 report. Likewise, a number of complaints lodged at the end

of 2013 will be resolved in 2014, as a result they will only appear in the received complaints

category for 2013.

Difference between complaints and cases

A complaint is defined as an expression of concern about an advertisement by a member of the

public, a competitor or an interest group amongst others, which requires a response from an SRO.

A complainant can raise one of more concerns about the ad within the same complaint. A case

on the other hand, is defined as an advertisement subject to assessment/investigation by the

SRO’s jury. Cases are composed of one or several complaints about an advertisement from

different complainants.

2 When EASA reformed its complaints classification system in 2009 and began collecting statistical data on complaints received by its international members in the present form, EASA counted seven international SROs. New members provide details of their statistical complaints data starting the year they join the network. The present report features data of the Peruvian SRO starting 2010, of the Mexican SRO starting 2011 and data of the SROs in Columbia and El Salvador starting 2012. 3 2013 European Trends in Advertising Complaints, Copy Advice and Pre-clearance is available on www.easa-alliance.org.

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1 Complaints in 2013

13,954 complaints about 3,561 advertisements

In 2013, EASA’s network of international self-regulatory organisations (SROs) received and dealt

with a total of 13,954 complaints related to 3,561 advertisements. In addition, 2271 own-initiative

investigations were conducted.

Figure 1: Total number of complaints received by EASA’s international SROs from 2009 to 2013

Source: EASA international SRO member statistics 2013 Compared to 2012, the number of complaints made to international SROs decreased by 20.07%,

but over the years the number of complaints have generally been on the rise.

Figure 2 illustrates the number of complaints received by international SROs that recorded more

than 150 complaints per year in the last five years. Figure 3 the number of complaints received

by international SROs which dealt with less than 150 complaints per year in the last five years.

10,430 10,335

14,496

17,458

13,954

0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

16,000

18,000

20,000

2009 2010 2011 2012 2013

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Figure 2: Complaints by country with more than 150 complaints from 2009 to 2013

Source: EASA international SRO member statistics 2013

Figure 3: Complaints by country with less than 150 complaints from 2009 to 2013

Source: EASA international SRO member statistics 2013

0

1000

2000

3000

4000

5000

6000

2009 2010 2011 2012 2013

Brazil

Australia

India

SouthAfricaCanada

0

10

20

30

40

50

60

2009 2010 2011 2012 2013

Chile

El Salvador

Mexico

Peru

Colombia

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1.1 The Most Complained About Ads

The two most complained about ads originated in Brazil

The most complained about ad

In 2013, the most complained about advertisement within EASA’s

international SRO network originated in Brazil. The campaign was a

TV advertisement for a car.

The advertisement featured a scene in which a black cat jumped on

to the bonnet of the car. The driver saw the cat as a sign of bad luck

and used a windscreen wiper to scare the cat off.

The campaign generated 965 complaints. The complainants found the campaign to be socially

irresponsible as it reinforced stereotypes about cats being unlucky bringing bad luck and as a

result contributed to the mistreatment of animals.

The advertiser defended the campaign explaining that it had to be understood in a certain context.

According to the advertiser, the advertisement told a story which used associations of a

superstitious driver, but had nothing to do with promoting the mistreatment of animals.

The complaints were upheld as the advertisement was found to be in breach of articles of the

code related to exploitation of superstition and mistreatment of animals. The advertiser was asked

to amend the campaign.

TV ad

965 complaints

Upheld

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The second most complained about ad

The second most complained about advertisement concerned an ad

campaign in Brazil for a clothing company. The campaign ran on the

Internet and was outdoor.

The campaign was released on the occasion of the Universal

Children’s Day. It featured a series of ads which showed a child

model wearing makeup, only underwear and high heels along with accessories including a pearl

necklace and a bracelet.

The campaign generated 195 complaints. The complainants found the campaign to be in breach

of taste and decency rules as they felt it sexualised children.

The advertiser claimed that the criticism was caused by misinterpretation of a situation in which

a child accidentally starts playing with her mother’s clothes and belongings. The advertiser

apologised to those who felt offended by the campaign. The advertiser withdrew the ad from the

Internet and called for not sharing the images via the social media platforms.

The complaints were upheld as the advertisement was found to be in breach of articles of the

code related to responsible advertising to children. The advertiser was asked to withdraw the

campaign and was asked not to advertise in the same form again.

Internet/Outdoor ad

195 complaints

Upheld

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2 Cases in 2013

Complaints received by international SROs related to 3,561 advertisements in 2013.

Figures 4 and 5 illustrate the number of cases received by EASA’s 11 international SROs over

the last five years. SROs that handled more than 150 cases can be viewed in Figure 4 and Figure

5 illustrates the SROs that have handled less than 150 cases in this period.

Figure 4: Cases by country with more than 150 cases from 2009 to 2013

Source: EASA international SRO member statistics 2013

0

200

400

600

800

1000

1200

1400

1600

2009 2010 2011 2012 2013

Canada

India

New Zealand

Australia

Brazil

South Africa

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Figure 5: Cases by country with less than 150 cases from 2009 to 2013

Source: EASA international SRO member statistics 2013

0

10

20

30

40

50

60

2009 2010 2011 2012 2013

Chile

Mexico

El Salvador

Peru

Colombia

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2.1 Source of Cases Received

The majority of cases came from consumers

In 2013, international SROs reported 2,919 cases received from members of the public. This

amounts to 82.48% of total complaints received. SROs do not only handle consumer complaints,

but also complaints from competitors or other complainants, such as trade associations, interest

groups and public entities. In 2013, 620, or 7.88%, of cases came from competitors and 9.64%

by other organisations4.

Figure 6: Source of total number of cases in 20135

Source: EASA international SRO member statistics 2013

While the exact share of cases which were investigated on the basis of complaints lodged by

members of the public versus complaints made by competitors or other entities varies from year

to year, Figure 6 shows that, on the whole, the majority of cases handled by international SROs

originate from complaints made by consumers. However, that the majority of complaints received

by SROs in Chile, Colombia, El Salvador, Mexico and Peru originated from competitors or other

entities.

4 Cases originating from other complainants include one case from El Salvador where prior to adjudicating on a case the Salvadoran Consumer Advocate (Defensoría del Consumidor de El Salvador) is required by law to ask the Board of the Salvadoran SRO for a technical review of cases if they concern misleading advertising or gender issues. Such technical reviews remain, however, only supplementary documents in cases resolved by the Salvadoran Consumer Advocate. 5 For South Africa, only number of complaints were available – number of cases reported are thus estimates.

Public82.48%

Competitors7.88% Other

9.64%

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Figure 7: Source of total number of cases from 2009 to 20136

Source: EASA international SRO member statistics 2013

6 For South Africa, in 2013 only number of complaints were available – number of cases reported are thus estimates.

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

2009 2010 2011 2012 2013

Public

Other

Competitors

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2.2 Speed of the Resolution of Cases

66% of cases were handled in less than one month

The speed of complaint resolution varies depending on the complexity of a case. Simple cases

can be resolved in as little as three days, whereas more complex cases may take longer. For

example, if scientific substantiation of an advertising claim is required, complaints may lead to a

prolonged investigation.

In 2013, international SROs resolved 65.64% of complaints received in less than one month on

average. More than one fifth of complaints, 21.74%, were resolved within 1–2 months. Less than

one percent of complaints, 0.95%, required an investigation period longer than 6 months.

Figure 8: Speed of case resolution in 2013

Source: EASA international SRO member statistics 2013

Figure 9 illustrates the speed of resolution of cases between 2009 and 2013. On average, cases

resolved within one month account for more than half of all cases resolved and those resolved

within two months for around one fifth of cases.

Less than one month65.64%

From 1 up to 2 months21.74%

From 2 up to 4 months9.74%

From 4 up to 6 months1.93%

From 6 up to 8 months0.03%

More than 8 months0.92%

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Figure 9: Speed of case resolution from 2009 to 2013

Source: EASA international SRO member statistics 2013

0%

10%

20%

30%

40%

50%

60%

70%

2009 2010 2011 2012 2013

Less than one month

From 1 up to 2 months

From 2 up to 4 months

From 4 up to 6 months

From 6 up to 8 months

More than 8 months

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2.3 Outcome of Cases Resolved

43% of the resolved cases were upheld, while 33% were not upheld

EASA categorises the data it collects on the outcome of complaints into “upheld”, “not upheld”,

“not pursued/not investigated”, resolved informally”, out of remit” and transferred to an appropriate

authority”.

In 2013, 39.14% of cases resolved were found not to be in breach of the relevant advertising code

and as a result were not upheld. Nearly a third of cases resolved, 30.55%, were upheld which

means that the responsible SRO jury considered the ad complained about was breach of the

advertising code.

In addition, 20.79% of cases fell into the “not pursued” category. This means that complaints were

within remit but could not be pursued further, mainly because complainants did not provide

enough information. Finally, 0.08% complaints on average were referred to the appropriate

regulatory body.

Figure 10: Outcome of cases resolved in 2013

Source: EASA international SRO member statistics 2013

Upheld30.55%

Not upheld39.14%

Not pursued/not investigated

20.79%

Resolved informally9.37%

Transferred to appropriate

authority0.08%

Out of remit0.06%

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Figure 11 shows the outcome of complaints between 2009 and 2013. Not upheld cases were

recorded the most often over this period, but have been on the decrease. The share of upheld

and not pursued cases have risen slightly during this period.

Figure 11: Outcome of cases resolved from 2009 to 2013

Source: EASA international SRO member statistics 2013

0%

10%

20%

30%

40%

50%

60%

70%

2009 2010 2011 2012 2013

Not upheld

Upheld

Not pursued/notinvestigatedResolved informally

Transferred toappropriate authorityOut of remit

Other

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2.4 Issues Complained About

Misleading advertising continues to be the main issue complained about

Figure 12 (below) illustrates the number of cases resolved by international SROs in 2013 by issue.

The largest share of cases, 55.3%, concerned misleading advertising. At 18.39% cases resolved

on the basis of complaints lodged due to alleged breaches of social responsibility ranked second.

7.26% were classified as “other” which included cases resolved by the Australian and New

Zealand SROs regarding breaches of sectoral advertising codes.

Figure 12: Reason for cases in 20137

Source: EASA international SRO member statistics 2013

As the issues and reasons for complaints vary from country to country an overview of the national

situation is provided in Figure 13 (below).

Misleading advertising was the main reason behind cases resolved by the majority of EASA’s

international SROs8. Moreover, in relation to Canada, Chile, India, Peru and South Africa such

cases accounted for more than half of all cases resolved.

In Australia, Brazil and Mexico social responsibility issues accounted for most of cases resolved

Colombia was exceptional in that the SRO only handled cases relating to cases about the

denigration of competitors.

7 For Australia, only number of complaints were available – number of cases reported are thus estimates. 8 The Australian SRO did not register any cases about misleading advertising since such complaints are outside the remit and thus are transferred to the Australian Competition and Consumer Commission (ACCC).

Misleading55.3%

Social responsibility

18.39%Taste and decency

9.51%

Health and safety5.93%

Other7.26%

Denigration of competitors

3.61%

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Figure 13: Case numbers per reason for complaint per country in 20139

Source: EASA international SRO member statistics 2013

Misleading advertising was consistently the issue most complained about to international SROs

from 2009-2013. There was a sharp increase of 55.53% in the share of cases related to

misleading advertising between 2011-2012, the new level was maintained in 2013.Conversley,

the share of cases related to taste and decency fell by 42.68% from 2011-2012, this decline

continued again in 2013.

The share of cases related to misleading advertising between 2011 and 2012, following a sharp

increase of 55.53% was maintained in 2013. Conversely, the share of cases related to taste and

decency fell by 42.68% from the level obtained in 2012.

9 For Australia, only number of complaints were available – number of cases reported are thus estimates.

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Misleading

Social responsibility

Taste and decency

Health and safety

Other

Denigration of competitors

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Figure 14: Reasons for cases from 2009 to 201310

Source: EASA international SRO member statistics 2013

10 For Australia, in 2013 only number of complaints were available – number of cases reported are thus estimates.

0%

10%

20%

30%

40%

50%

60%

2009 2010 2011 2012 2013

Misleading

Social responsibility

Taste and decency

Health and safety

Other

Denigration of competitors

Privacy and data protection

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2.5 Media

Audiovisual Media Services and Digital Marketing Communications

were the most complained about media in 2013

The most three complained about media in 2013 were Audiovisual Media Services (AVMS), which

accounted for more than a third, 36.43% of cases resolved; Digital Marketing Communications

(DMC) which accounted for more than a fifth, 23.21%, of all cases resolved and, at 15.5%, print

ads in the press or in magazines.

Disaggregating complaints related to AVMS cases concerning TV ads, 98.04% were about linear

services (linear television) and 1.96% about non-linear services (e.g. video on demand)11.

Cases regarding DMC continued to increase. Out of the cases that were further subcategorised,

the majority, 50.68%, concerned marketer-owned websites and slightly over a third of cases,

36.47, were related to display ads.

Figure 15: Cases per medium in 201312

Source: EASA international SRO member statistics 2013

11 Complaints about non-linear TV Ads were only registered in Australia. 12 For Canada, only number of complaints were available – number of cases reported are thus estimates.

Audiovisual Media Services36.43%

Digital Marketing Communications

23.21%

Press/magazines15.5%

Outdoor7.08%

Radio5.95%

Brochures/leaflets3.59%

Direct marketing3.03%

Other 2.71%

Packaging/labels2%

Cinema0.46%

Teleshopping0.04%

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Figure 16 (below) provides an overview of the national situation regarding media complained

about.

Ads appearing on AVMS generated most of cases in all countries, with the exceptions of India

and Sound Africa.

In South Africa DMC was at the root of most of resolved cases, whilst in India print ads in the

press or in magazine accounted for majority of cases.

Figure 16: Case numbers per media per country in 201313

Source: EASA international SRO member statistics 2013

When comparing the results with previous years, it becomes apparent that since 2009 the five

main media to generate cases about advertisements are AVMS, DMC, press/magazines, outdoor

and radio, with each of them generating at least more than 4.4% of cases each year. AVMS has

remained consistently the media most complained about, and has remained at over 35% of

resolved cases over this period.

13 For Australia, in 2013 only number of complaints were available – number of cases reported are thus estimates.

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%Audiovisual MediaServices

Digital MarketingCommunications

Press/magazines

Outdoor

Radio

Brochures/leaflets

Direct marketing

Other

Packaging/labels

Cinema

Teleshopping

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Figure 17: Cases per media with more than 4.4% from 2009 to 201314

Source: EASA international SRO member statistics 2013

14 For Canada, in 2013 only number of complaints were available – number of cases reported are thus estimates.

0%

5%

10%

15%

20%

25%

30%

35%

40%

45%

50%

2009 2010 2011 2012 2013

Audiovisual MediaServices

Digital MarketingCommunications

Press/magazines

Outdoor

Radio

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2.6 Cases about Advertising for Products and Services

The health and beauty sector, the food products sector and the retail sector

were the most complained about sectors

EASA categorises the data it collects on sectors complained about into a number of products and

service categories.

The most complained about sector in 2013 was the health and beauty sector (products and

services). Ads about health and beauty products and services were the basis of 19.08% of cases

resolved. The highest national share of such cases were registered by the SROs in Columbia,

100%, Peru, 60%, and India, 41.09%.

The food products sector ranked second with 10.97% of cases resolved. The countries that

registered the highest national share of cases with regards to this sector were El Salvador,

27.27%, Mexico, 26.67%, and Peru, 20%.

Advertisements for retailers prompted 9.96% of cases resolved. The highest national share of

cases in regard to this category were reported in Canada, 21.65%, and New Zealand, 11.37%,

whilst no such cases were reported in Colombia, El Salvador, Mexico, Peru and South Africa.

Figure 18: Cases per products/services with more than 2.30% in 201315

Source: EASA international SRO member statistics 2013

15 For Canada, only number of complaints were available – number of cases reported are thus estimates.

19.08%

10.97% 9.96%

8.18%7.48%

6.64% 6.22%5.32%

4.93%3.68% 3.54%

2.59% 2.57% 2.41% 2.38%

0%

2%

4%

6%

8%

10%

12%

14%

16%

18%

20%

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A comparison of the share of products and services whose ads generated a significant number

of cases between 2009 and 2013 shows an overall increase in cases related to the health and

beauty sector, and since 2011 it has been the most complained about sector. Food advertising

has been the second most complained about sector since 2011 (down from most complained

about in 2009-2010). Since 2010, the retail sector has been the third most complained about

sector.

Figure 19: Cases per products/services with more than 2.30% in 2013 per year16

Source: EASA international SRO member statistics 2013

16 For Canada, in 2013 only number of complaints were available – number of cases reported are thus estimates.

0% 5% 10% 15% 20% 25%

Health and beauty

Food

Retail

Leisure services

Cars and motorised vehicles

Non-commercial

Education services

Financial services

Electronic goods

Furniture and household goods

Clothing, footwear and accessories

2013

2012

2011

2010

2009

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Table 1: Overall cases per product/service in 201317

Source: EASA international SRO member statistics 2013

17 For Canada, only number of complaints were available – number of cases reported are thus estimates.

Products and services Number of cases % of total amount of cases

Health and beauty products 632 15.02%

Food 462 10.97%

Retail 419 9.96%

Leisure services 344 8.18%

Cars and motorised vehicles 315 7.48%

Other services 279 6.64%

Non-commercial 262 6.22%

Education services 224 5.32%

Financial service 208 4.93%

Health and beauty services 171 4.06%

Alcohol beverages 155 3.68%

Telecommunications 149 3.54%

Electronic goods 109 2.59%

Business directories 108 2.57%

Furniture and household goods 102 2.41%

Clothing, footwear and accessories 100 2.38%

Real estate services 48 1.14%

Books, magazines, newspapers,

stationery 26 0.62%

Gambling and lotteries 21 0.50%

House maintenance services 19 0.45%

Transport services 17 0.40%

Energy, water and combustibles 10 0.24%

Non-alcohol beverages 9 0.21%

Toys 9 0.21%

Employment services 7 0.17%

Other products 3 0.07%

E-Cigarettes 2 0.05%

Total 4,210 100%

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Annex A: Overview of Complaints/Cases Profile by Country

Table 2: Australia18

Australia

Outcome Number of

cases

% of total amount

of cases

European average of

complaints resolved

Not upheld 348 78.73% 34.87%

Upheld 61 13.80% 37.28%

Not pursued/not investigated

33 7.47% 13.32%

Issue Complained

About

Social responsibility 171 40.14% 17.24%

Taste and decency 164 38.5% 23.68%

Health and safety 66 15.49% 3.72%

Media Complained

About

AVMS 222 52.11% 32.2%

Outdoor 100 23.47% 15.55%

DMC 37 8.69% 18.29%

Products/Services

Complained About

Leisure services 81 18.33% 10.42%

Food 77 17.42% 10.72%

Cars and motorised vehicles

49 11.09% 3.98%

Total amount of

cases resolved 442

Total amount of

complaints

resolved

1,365

18 For Australia, only number of complaints were available when it comes to issues complained about – number of cases reported are thus estimates.

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Table 3: Brazil

Brazil

Outcome Number of cases % of total amount

of cases

European average

of complaints

resolved

Upheld 178 52.35% 37.28%

Not upheld 97 28.53% 34.87%

Resolved informally 65 19.12% 4.96%

Issue Complained

About

Social responsibility 141 50.9% 17.24%

Misleading 77 27.8% 38.82%

Denigration of competitors

41 14.8% 5.05%

Media Complained

About

AVMS 166 48.82% 32.2%

DMC 92 27.06% 18.29%

Packing/labelling 54 15.88% 1.09%

Products/Services

Complained About

Health and beauty products

67 18.21% 10.34%

Telecommunications 60 16.30% 10.9%

Food 45 12.23% 10.72%

Total amount of

cases resolved 340

Total amount of

complaints

resolved

5,677

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Table 4: Canada19

Canada

Outcome Number of cases % of total amount

of cases

European average of

complaints resolved

Not upheld 583 54.23% 34.87%

Not pursued/not investigated

397 36.93% 13.32%

Upheld 50 4.65% 37.28%

Issue Complained

About

Misleading 418 92.89% 38.82%

Health and safety 24 5.33% 3.72%

Social responsibility 4 0.67% 17.24%

Media Complained

About

AVMS 441 41.02% 32.2%

DMC 201 18.7% 18.29%

Other 117 10.88% 2.29%

Products/Services

Complained About

Retail 278 21.65% 7.16%

Other services 231 18% 2.18%

Food 169 13.14% 10.72%

Total amount of

cases resolved 1,075

Total amount of

complaints

resolved

1,286

19 For Canada, only number of complaints were available when it comes to media and products/services complained about – number of cases reported are thus estimates. In regard to issues complained about, the figures reflect only cases that met the Canadian Code of Advertising Standards acceptance criteria.

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Table 5: Chile

Chile

Outcome Number of cases % of total amount

of cases

European average of

complaints resolved

Upheld 39 76.47% 37.28%

Not upheld 11 21.57% 34.87%

Out of remit 1 1.96% 7.57%

Issue Complained

About

Misleading 17 51.52% 38.82%

Denigration of competitors

8 24.24% 5.05%

Social responsibility 5 15.15% 17.24%

Media Complained

About

AVMS 22 31.88% 32.2%

Press/magazine 18 26.09% 11.69%

Outdoor 13 18.84% 15.55%

Products/Services

Complained About

Cars and motorised vehicles

10 19.61% 3.98%

Health and beauty products

10 19.61% 10.34%

Furniture and household goods

8 15.69% 6.8%

Total amount of

cases resolved 51

Total amount of

complaints

resolved

54

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Table 6: Colombia

Colombia

Outcome Number of cases % of total amount

of cases

European average of

complaints resolved

Upheld 2 100% 37.28%

Issue Complained

About

Denigration of competitors

2 100% 5.05%

Media Complained

About

AVMS 2 66.67% 32.2%

Brochures/leaflets 1 33.33% 4.33%

Products/Services

Complained About

Health and beauty products

2 100% 10.34%

Total amount of

cases resolved 2

Total amount of

complaints

resolved

2

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Table 7: El Salvador

El Salvador

Outcome Number of cases % of total amount

of cases

European average of

complaints resolved

Upheld 7 63.64% 37.28%

Resolved informally 2 18.18% 4.96%

Not upheld 1 9.09% 34.87%

Transferred to the appropriate authority

1 9.09% 0.57%

Issue Complained

About

Misleading 4 44.44% 38.82%

Social responsibility 2 22.22% 17.24%

Other 2 22.22% 9.06%

Media Complained

About

AVMS 6 50% 32.2%

Press/magazines 4 33.33% 11.69%

Outdoor 1 8.33% 15.55%

Radio 1 8.33% 6.22%

Products/Services

Complained About

Health and beauty products

4 36.36% 10.34%

Food 3 27.27% 10.72%

Financial services 1 9.09% 6.09%

Non-commercial 1 9.09% 2.85%

Cars and motorised vehicles

1 9.09% 3.98%

Books, magazines, newspapers,

stationery 1 9.09% 1.49%

Total amount of

cases resolved 11

Total amount of

complaints

resolved

19

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Table 8: India

India

Outcome Number of cases % of total amount

of cases

European average of

complaints resolved

Upheld 606 78.29% 37.28%

Not upheld 167 21.58% 34.87%

Out of remit 1 0.13% 7.57%

Issue Complained

About

Misleading 672 86.82% 38.82%

Health and safety 50 6.46% 3.72%

Taste and decency 35 4.52% 23.68%

Media Complained

About

Press/magazines 495 63.95% 11.69%

AVMS 231 29.84% 32.2%

DMC 23 2.97% 18.29%

Products/Services

Complained About

Health and beauty products

318 41.09% 10.34%

Education services 217 28.04% 0.71%

Health and beauty services

105 13.57% 1.5%

Total amount of

cases resolved 774

Total amount of

complaints

resolved

1,946

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Table 9: Mexico

Mexico

Outcome Number of cases % of total amount

of cases

European average of

complaints resolved

Upheld 13 86.67% 37.28%

Transferred to the appropriate authority

2 13.33% 0.57%

Issue Complained

About

Social responsibility 7 46.67% 17.24%

Denigration of competitors

6 40% 5.05%

Health and safety 1 6.67% 3.72%

Taste and decency 1 6.67% 23.68%

Media Complained

About

AVMS 10 66.67% 32.2%

DMC 2 13.33% 18.29%

Packaging/labelling 2 13.33% 1.09%

Products/Services

Complained About

Furniture and household good

5 33.33% 6.8%

Food 4 26.67% 10.72%

Health and beauty products

3 20% 10.34%

Total amount of

cases resolved 15

Total amount of

complaints

resolved

15

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Table 10: New Zealand

New Zealand

Outcome Number of cases % of total amount

of cases

European average of

complaints resolved

Not pursued/not investigated

313 52.34% 13.32%

Not upheld 105 17.56% 34.87%

Resolved informally 104 17.39% 4.96%

Issue Complained

About

Misleading 223 38.18% 38.82%

Other 180 30.82% 9.06%

Social responsibility 169 28.94% 17.24%

Media Complained

About

AVMS 224 35.16% 32.2%

DMC 212 33.28% 18.29%

Press/magazines 62 9.73% 11.69%

Products/Services

Complained About

Health and beauty products

107 17.89% 10.34%

Leisure services 96 16.05% 10.42%

Electronic goods 77 12.88% 4.5%

Total amount of

cases resolved 598

Total amount of

complaints

resolved

792

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Table 11: Peru

Outcome Number of cases % of total amount

of cases

European average of

complaints resolved

Upheld 4 80% 37.28%

Not upheld 1 20% 34.87%

Issue Complained

About

Misleading 3 60% 38.82%

Denigration of competitors

1 20% 5.05%

Taste and decency 1 20% 23.68%

Media Complained

About

AVMS 3 60% 32.2%

Outdoor 1 20% 15.55%

Press/magazines 1 20% 11.69%

Products/Services

Complained About

Health and beauty products

3 60% 10.34%

Food 1 20% 10.72%

Furniture and household goods

1 20% 6.8%

Total amount of

cases resolved 5

Total amount of

complaints

resolved

5

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Table 12: South Africa

Outcome Number of cases % of total amount

of cases

European average of

complaints resolved

Resolved informally 119 45.59% 4.96%

Not upheld 86 32.95% 34.87%

Upheld 56 21.46% 37.28%

Issue Complained

About

Misleading 162 66.67% 38.82%

Taste and decency 32 13.17% 23.68%

Denigration of competitors

28 11.52% 5.05%

Media Complained

About

DMC 533 37.83% 18.29%

AVMS 407 28.99% 32.2%

Radio 128 9.08% 6.22%

Products/Services

Complained About

Financial services 116 17.63% 6.09%

Business directories 108 16.41% 0.62%

Food 76 11.55% 10.72%

Total amount of

cases resolved 261

Total amount of

complaints

resolved

1,404

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Annex B: How an Advertising Self-Regulatory System Works

Because advertising self-regulatory organisations around the world operate within different regulatory, cultural and societal contexts, it is only possible to provide in this publication only a rough overview on how an SR system works in general. Readers seeking more specific information of the different national systems should consult EASA’s Blue Book: Advertising self-regulation in Europe and beyond, 6th edition, April 2010. Basic Elements of a Self-Regulatory System

A self-regulatory system consists of two basic elements:

A code of standards or set of guiding principles governing the content of advertisements;

A system for the adoption, review and application of the code or principles. The Self-Regulatory Code or Principles

The self-regulatory code or principles govern the content of advertisements. While individual national self-regulatory codes differ to meet identified needs, most are based on the Consolidated Code of Advertising and Marketing Communications Practice of the International Chamber of Commerce (the Consolidated ICC Code) and incorporate its basic principles. These require all advertising to be legal, decent, honest and truthful, prepared with a due sense of social responsibility and conforming to the principles of fair competition. The national code or principles apply to all forms of advertising. Additionally many SROs also ensure that advertising for products in a particular sector complies with a code which relates specifically to that sector. For example, specific codes may apply to alcohol beverages, to food, to cars etc. These codes are drawn up by the sectors concerned and their implementation is negotiated with the SRO. Applying and Interpreting the Code

Practical application of the code to individual advertisements may occur either before or after publication. Where it occurs before publication, either in the form of copy advice or, more rarely, pre-clearance, this is often the responsibility of the permanent secretariat of the SRO; alternatively, it may be carried out by a specially constituted committee or by the complaints committee. The Complaints Committee/Jury

Application of the code after publication usually results from a complaint, either from a competitor or from the general public. The SRO may also initiate a case against an advertisement as a result of an apparent breach identified during monitoring activities. Complaints are usually adjudicated by the complaints committee, typically after initial assessment by the secretariat to ensure that they fall within the scope of the code. The complaints committee or, as it is sometimes called, the jury, is responsible for authoritative interpretations of the code. It considers cases referred to it by the secretariat where a breach of the code is alleged. In some systems all complaints are referred to the complaints committee, while in others straightforward or non-contentious cases are dealt with by the secretariat and only disputed or uncertain cases are referred to the committee.

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A complaints committee usually includes in its membership senior representatives of the three different parts of the advertising industry. In Europe, the majority of the complaints committee’s members tend to be academics, consumer representatives and professionals from outside the advertising industry rather than advertising practitioners. The complaints committee’s chairman is in most cases independent and might, for example, be a retired judge, an eminent lawyer or a retired public servant. If the complaints committee concludes that a complaint is justified, it must then decide upon appropriate action, i.e. the immediate withdrawal or amendment of the advertisement. Sanctions

Because self-regulation means more than just self-restraint on the part of individual companies, it must have sanctions at its disposal, i.e. ways and means of enforcing compliance on those who breach the industry’s rules. A complaints committee will normally require an advertisement found to be in breach of the code to be immediately amended or withdrawn. Moreover, the decisions of the complaint committee are usually published. This adverse publicity, as well as being an embarrassment for the advertiser concerned, can also be instructive for other advertisers. Self-regulation has the support of the advertising industry, so advertisers will usually comply with the decision of the complaints committee even if they do not agree with it. If an advertiser does not voluntarily withdraw the offending advertisement, the SRO will ask the media to stop or refuse it. In the unusual case of an advertiser who repeatedly refuses to amend or withdraw advertisements found to breach the code, other sanctions may be employed. They range from the imposition of compulsory pre-clearance of future advertisements to encouraging the withdrawal of trading privileges or expulsion from membership of the SRO itself or other trade associations. On those rare occasions where all other measures fail, advertisers who have repeatedly and knowingly breached the code may be referred to the statutory authorities, who may bring legal proceedings against them.

The Appeals Jury

To ensure fairness, most self-regulatory systems include an appeals procedure, in cases where either the complainant or the advertiser whose advertisement has been complained about wishes to challenge the complaint committee’s decision, for example on the basis of new evidence. Appeals are normally considered by a different body from the jury which reached the original decision. The Importance of Impartiality

To be credible and retain public confidence, self-regulation must be impartial. The very fact that it is likely to be suspected of bias makes rigorous impartiality all the more essential. Certainly self-regulation helps to safeguard the long-term interests of the advertising industry, but it does so by ensuring high standards and protecting consumers. SROs are independent: their purpose is not to protect the interests of individual advertisers, agencies or media, but to uphold advertising standards, for the benefit of the whole industry. Although the codes are written by the industry, their stance is impartial and the procedures of the complaints committees which apply them are designed to be impartial and unbiased. Furthermore, many SROs consult external stakeholders as part of the process of drafting or revising their codes, as well as including non-industry representatives in their complaints committee.

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Annex C: Definitions of Terms and Complaint Categories

General Definitions

Complaint

A complaint is defined as an expression of concern about an advertisement by a member of the general public, a competitor or an interest group etc. which requires a response. One complaint is defined as one or several different concerns about one advertisement by the same complainant.

Case

A case is defined as an advertisement subject to assessment/investigation by the SRO jury. Cases include assessments and decisions taken by all competent SRO bodies, such as the SRO council/jury, the SRO complaints committee or the SRO secretariat.

Copy advice

Advice on (a) proposed advertisement(s) provided by a self-regulatory body, usually on a non-binding basis, as to whether or not it is compliant with the local advertising code.

Pre-clearance

Examination of an advertisement by a self-regulatory body or another body/institution as a compulsory precondition of publication or transmission.

Ban

A complete ban on advertising of the product/ issue concerned usually made by law.

Restriction

There are codes/laws in place which significantly affect the advertising of the product/issue concerned.

Case handling duration

The time lapsed from receipt of the complaint, until the decision is made effective.

SR Code

The self-regulatory (SR) Code is a set of rules governing the content of advertising.

Own-initiative investigation (SRO)

Examination of advertisements by an SRO jury following the flagging of these ads by the SRO secretariat, e.g. through a monitoring exercise.

Appeal

Challenge to the complaints committee’s decision either by the complainant or the advertiser, for example on the basis of new evidence. Appeals are normally considered by a different body from the jury which reached the original decision.

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Complainants

Member of the general public

Person to whom an advertisement is addressed or who can reasonably be expected to be reached by it.

Consumer organisations

Consumer organisations are supposed to represent the interest of consumers in general, or may work on specific interests, such as furs, alcohol, food etc.

Competitors

Complaint from a professional or an industry source (usually but not necessarily a competitor of the advertiser).

Outcomes of Complaints

Upheld

Complaints that are investigated by the SRO and adjudicated by the SRO jury are upheld if the jury decides that the marketing communication does breach the advertising codes. Subsequently the advertiser is asked to withdraw or change the advertisement to ensure it complies with the rules.

Not upheld

Complaints that are investigated by the SRO and adjudicated by the SRO jury are not upheld if the jury decides that the marketing communication does not breach the advertising codes. No further action is taken.

Not pursued/not investigated

A complaint is not pursued if the SRO considers that there is no basis for investigation (e.g. the concern of the complainant would not be shared by most people) and subsequently dismisses the complaint; or where not enough information was provided by the complainant or the requirements of complaint submission were not met.

Resolved informally

When a minor or clear-cut breach of the self-regulatory codes has been made, the SRO may decide to resolve the complaint informally, i.e. the marketer agrees to change or withdraw its marketing communication straight away.

Transferred to appropriate authority

For example, complaints that have been transferred to the appropriate legal backstop.

Out of remit

A complaint falls out of remit if either the complaint or the marketing communication falls outside the scope of the self-regulatory code (e.g. the complaint is about the product advertised and not the advertisement as such). However, the SRO might decide to forward the complaint to another complaint handling body for action.

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Media

Audiovisual media services

An “audiovisual media service” is a service provided by a media service provider. This service can either be a linear programme with a programme schedule (on TV or over the internet as IPTV) or an on-demand service (video on demand or catch-up TV).

Such services must come under the editorial responsibility of a media service providing programmes for the general public. This definition covers TV programmes and on-demand catalogues of TV-like content, as well as commercial audiovisual communication (advertising, in other words) but does not apply to any non-economic activity like non-commercial blogs, any form of private correspondence nor radio. Platforms for the exchange of user generated content, such as YouTube, do not fall within the scope of the AVMS Directive provided that there is no editorial control over the selection of programmes for a broadcast schedule or an on demand catalogue.

Cinema

Any advertising shown at movie theatres.

Digital marketing communications

Digital marketing communications cover advertisements in non-broadcast electronic media, including online advertisements in paid-for space (e.g. banner and pop-up advertisements). The media concerned are all interactive media and electronic networks such as the World Wide Web and online services, SMS (Short Messaging Service between phones) and MMS (Multi Media Service between phones).

Display ads

Display advertising appear on web pages in many forms, including web banners, pop-up ads, pop-under ads, skyscrapers etc. These ads can consist of static or animated images, as well as interactive media that may include audio and video elements.

(Online) in-game advertising (IGA)

Refers to the use of computer and video games as a medium in which to deliver advertising.

Paid search advertising

Online advertisements that show results from search engine queries. Search advertisements are targeted to match key search terms (keywords).

Marketer generated or endorsed virals

Any advertisement that is propagated by members of the general public via e-mail, sms, mms or using social networking services etc. and that has been either generated or endorsed by the marketer. It does not include user-generated virals.

Marketer-owned websites

Any marketing communication featured on the website owned by the marketer (i.e. a website of a brand, company, organisation, etc.).

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Direct marketing

Direct marketing comprises all communication activities with the intention of offering goods or services or transmitting commercial messages presented in any medium aimed at informing and/or soliciting a response from the addressee, as well as any service directly related thereto. Direct marketing does not include unaddressed mail (e.g. leaflets).

Outdoor

(i.e. billboards/posters/ digital outdoor)

Posters and other promotional media in public places, including moving images.

Radio

Covers radio broadcasts, both analogue, digital, as well as via the Internet.

Teleshopping

Teleshopping includes direct response television, radio and internet commercials which generally feature a phone number or website. Teleshopping is also known as paid programming or infomercials.

Sponsorship

Any commercial agreement by which a sponsor, for the mutual benefit of the sponsor and sponsored party, contractually provides financing or other support in order to establish an association between the sponsor’s image, brands or products and a sponsorship property in return for rights to promote this association and/or for the granting of certain agreed direct or indirect benefits.

Nature of the Complaints

Misleading advertising

Misleading advertising refers to any claim, whether made expressly, by implication or omission, likely to lead members of the general public to suppose that the advertised goods or services, or the conditions (including price) under which they are offered, are materially different from what is in fact the case.

A marketing communication should not contain any statement, or audio or visual treatment which, directly or by implication, omission, ambiguity or exaggeration, is likely to mislead a member of the general public.

Social responsibility

Discrimination/denigration

A marketing communication should respect human dignity and should not incite or condone any form of discrimination, including that based upon race, national origin, religion, gender, age, disability or sexual orientation.

A marketing communication should not denigrate any person or group of persons, firm, organisation, industrial or commercial activity, profession or product, or seek to bring it or them into public contempt or ridicule.

Exploitation of credulity or inexperience

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Advertisements should be so framed as not to abuse the trust of people or exploit their lack of experience or knowledge. Especially advertisements directed to children should not abuse their credulity and inexperience.

Play on fear/violence

A marketing communication should not without justifiable reason play on fear or exploit misfortune or suffering. A marketing communication should not appear to condone or incite violent, unlawful or anti-social behaviour. A marketing communication should not play on superstition.

Inappropriate for children (social values)

A marketing communication should not suggest that possession or use of the promoted product will give a child or young person physical, psychological or social advantages over other children or young people, or that not possessing the product will have the opposite effect.

A marketing communication should not undermine the authority, responsibility, judgment or tastes of parents, having regard to relevant social and cultural values. A marketing communication should not include any direct appeal to children and young people to persuade their parents or other adults to buy products for them.

Prices should not be presented in such a way as to lead children and young people to an unrealistic perception of the cost or value of the product, for example by minimising them. A marketing communication should not imply that the product being promoted is immediately within the reach of every family budget.

Marketing communications which invite children and young people to contact the marketer should encourage them to obtain the permission of a parent or other appropriate adult if any cost, including that of a communication, is involved.

Health and safety

Advertisements should not without reason, justifiable on educational or social grounds, contain any visual presentation or any description of dangerous practices or of situations which show a disregard for safety or health.

Taste and decency

Advertisements should not contain statements or visual presentations which offend prevailing standards of decency.

Offensiveness

Any statement or visual presentation likely to cause profound or widespread offence to those likely to be reached by it, irrespective of whether or not it is addressed to them. This includes shocking images or claims used merely to attract attention.

Portrayal of gender

Advertising should not contain any sexually offensive material and should avoid any textual material or verbal statements of a sexual nature which could be degrading to women or men. Furthermore advertising should not be hostile or discriminatory toward a certain gender and should not use any material which calls into question the equality of the sexes.

Inappropriate for children (Taste and decency)

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Advertisements likely to cause distress to children or that contain sexual material must not be shown in children’s programmes, or in programmes likely to be seen by significant numbers of younger children.

Privacy and data protection

When collecting personal data from individuals, care should be taken to respect and protect their privacy by complying with relevant rules and regulations. Collection of data and notice When personal information is collected from consumers, it is essential to ensure that the individuals concerned are aware of the purpose of the collection and of any intention to transfer the data to a third party for that third party’s marketing purposes. (Third parties do not include agents or others who provide technical or operational support to the marketer and who do not use or disclose personal information for any other purpose.) It is best to inform the individual at the time of collection; when it is not possible to do so this should be done as soon as possible thereafter.

OBA ads

Online Behavioural Advertising means the collection of data from a particular computer or device regarding web viewing behaviours over time and across multiple web domains not under Common Control for the purpose of using such data to predict web user preferences or interests to deliver online advertising to that particular computer or device based on the preferences or interests inferred from such web viewing behaviours. Online Behavioural Advertising does not include the activities of Web Site Operators (First Party), Ad Delivery or Ad Reporting, or contextual advertising (e.g. advertising based on the content of the web page being visited, a consumer’s current visit to a web page, or a search query).

Denigration of competitors

Advertisements should not make incorrect, false, unduly announcements to give bad effects to reputation, financial situation, business activities in goods and services of competitors of getting a competitive edge.

Products

Alcohol beverages

Alcohol drinks are those that exceed 1.2% alcohol by volume.

Furniture and household goods

a) Furniture and furnishings for the home and outdoors such as carpets and other floor coverings, household textiles, glassware, tableware and household utensils, etc.

b) Cleaning and maintenance products include articles for cleaning and non-durable household articles such as washing powders, washing liquids, detergents, softeners, conditioners, waxes, polishes, dyes, disinfectants, insecticides, fungicides and distilled water, etc.

c) Household appliances such as cookers, ranges, ovens and micro-wave ovens, refrigerators, freezers and fridge-freezers, washing-machines, dryers, drying cabinets, dishwashers, air conditioners, toasters and grills, hotplates, etc.

Electronic and information communication technology (ICT) goods

a) ICT goods: ICT goods are those that are either intended to fulfil the function of information processing and communication by electronic means, including transmission and display, or which

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use electronic processing to detect, measure and/or record physical phenomena, or to control a physical process; covers delivery, installation and repair where applicable.

Examples: personal computers, printers and scanners, games consoles, portable games players, software (in physical or downloaded form), laptops, notebooks and tablet PCs, PDA’s and smart phones, mobile and fixed phone devices, telefax machines, telephone answering-machines, modems and decoders, global positioning systems (GPS).

b) Electronic goods (non-ICT/recreational): Equipment for the reception, recording and reproduction of sound and pictures (audio and video systems); photographic and cinematographic equipment and optical instruments; recording media; covers delivery, installation and repair where applicable.

Examples: DVD players-recorders, VCRs, TVs, CD, HI-FI, media players,mp3 players, radios, cameras, photographic equipment, CDs (blank), DVDs (blank), calculators.

Cars and motorised vehicles

This includes new cars, second hand cars and other personal means of transport including bicycles, trailers, boats, etc.) as well as spares and accessories for vehicles.

Health and beauty

a) Prescribed medication includes medicines that are purchased with a prescription and are used by humans for health purposes such as the cure, mitigation, treatment, or prevention of a disease as well as alternative medicine sold with a prescription.

b) Over-the-counter medication include medicines that are purchased without a prescription and are used by humans for health purposes such as the cure, mitigation, treatment, or prevention of a disease, alternative medicine sold over-the-counter.

c) Cosmetics include articles for personal hygiene such as toilet soap, medicinal soap, cleansing oil and milk, shaving soap, shaving cream and foam, toothpaste, etc. as well as beauty products, for example: nail varnish, make-up and make-up removal products, hair lotions, after-shave products, sun-bathing products, perfumes and toilet waters, deodorants, bath products, etc.

d) Toiletries for personal care includes appliances for personal care, for example: razors and hair trimmers and lades, scissors, combs, shaving brushes, hairbrushes, toothbrushes, nail brushes personal weighing machines, etc. as well as other goods for personal care and personal hygiene, for example: paper handkerchiefs, cotton wool, cotton buds, sponges, etc.

Retail

Refers to supermarkets, department stores and other retailers.

Books, magazines, newspapers, stationery

Including books, atlases, dictionaries, encyclopaedias, text books, guidebooks and musical scores, catalogues, writing pads, envelopes, pens, pencils, fountain pens, ball-point pens, felt-tip pens, inks, erasers, pencil sharpeners, paper scissors, office glues and adhesives, staplers and staples, paper clips, etc.

Toys

A toy is defined as any product or material designed or clearly intended for use in play by children of less than 14 years of age.

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Services

Real estate services

Including services of estate agents, property managers and letting agents, house valuation and related services.

House maintenance and improvement services

Including maintenance, improvement and repair of dwellings includes roofing, decorator services, floor coverings, carpenters, painters, wall coating, plumbers, central heating, electrical services and installations, bricklayers, glaziers, gardeners, insulation, etc.

Health and beauty services

Including hairdressing salons, barbers, beauty shops, hair therapy, cosmetic therapy, sun studios, diet clubs/centres, Turkish baths, spas, saunas, solaria, body-care, tattoo, piercing services, etc.

Financial services

Including payment services, services related to borrowing money, a savings account, investments in bonds, securities and other financial assets, including financial instruments or investment products such as funds offered through banks, investments firms and other financial services providers.

Telecommunication services

a) Fix/mobile telephone services such as voice telephone provision, installation of personal telephone equipment, voice telephone provision, subscriptions, voicemail service, roaming services, transmission of data through a mobile telephone device, text messages (sms), multimedia message service (mms).

b) Internet services such as fixed internet provision, mobile internet provision (wireless internet accessible using laptops, netbooks, mobile phones or other similar devices), internet social portals, other internet services e.g. chat rooms, domain name services, pay per view services, e-mail account services.

c) Television services include digital and terrestrial television subscriptions and the related services via cable, satellite or any other medium. For example: modem installation, high definition television, video-on-demand, child lock, television content.

d) The triple play service is a marketing term for the provisioning of the two broadband services, high-speed Internet access and television, and one narrowband service, telephone, over a single broadband connection.

Business directories

A company that publishes contact details of businesses alphabetically or according to field e.g. yellow pages.

Leisure services

c) Entertainment, sports and leisure services include services provided by:

– horse-racing courses, motor-racing circuits, skating rinks, swimming pools, golf courses, gyms, fitness centres, tennis courts, squash courts, bowling alleys, and playground facilities for children;

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– cinemas, theatres, opera houses, concert halls, music halls, circuses, sound and light shows,

– museums, libraries, art galleries, exhibitions,

– historic monuments, national parks, zoological and botanical gardens, aquaria, hire of equipment and accessories for culture, such as television sets, video cassettes, etc.,

– fairgrounds and amusement parks,

– sports events,

– ticket-selling services,

– services of musicians, clowns, performers for private entertainments.

Gambling and lotteries

Including online casinos/ gaming sites as well as traditional betting/gambling, and complaints about ads for official national lotteries and bogus international lotteries.

Education services

Including out-of-school individual or group lessons such as chess, aerobics, dancing, music, skating, skiing, swimming etc. It also includes educational programmes, generally for adults, which do not require any special prior instruction, in particular vocational training and cultural development as well as language, driving instruction and other private courses.

Energy, water and combustibles

Including the provision of electricity, water, gas, nuclear and all forms of renewable energy as well as petrol and engine oil.

Employment/business opportunities

Including recruitment services, business opportunities and homework schemes.

Non-commercial

Advertising seeking donations, in cash or kind, or otherwise promoting the interests of charitable or philanthropic bodies and advertising by pressure-groups, NGOs, government departments and local authorities.

Sensitive Products (Alcohol Beverages)

Safety and drinking patters

For spirits ads: Please see EFRD Common Standards: art 1 (Misuse), 3 (Drinking and Driving) and 4 (Hazardous Activities, Workplace and Recreation)

For Wine ads: Please see EU Wine Communication Standards: art 2 (Misuse), art 5 (Drinking and driving vehicles and other potential hazardous recreational or work-related activities and 6 (Workplace)

For Beer ads: Please see Responsible Commercial Communications Guidelines for the brewing industry: art 1 (Misuse), art 3 (Driving) and art 4 (Association with hazardous activities.

Sexual and social success

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For spirits ads: Please see EFRD Common Standards: art 9 (Social success) and art 10 (Sexual Success)

For Wine ads: Please see EU Wine Communication Standards: art 11 (Social Success) and art 12 (Sexual Aspects)

For Beer ads: Please see Responsible Commercial Communications Guidelines for the brewing industry: art 7.2. (social or sexual success)

Content of appeal to under aged

For spirits ads: Please see EFRD Common Standards: art 2 (Minors): especially art 2.1., 2.4 and 2.5

For Wine ads: Please see EU Wine Communication Standards: art 3 (Minors): especially art A and C

For Beer ads: Please see Responsible Commercial Communications Guidelines for the brewing industry: art 2.1 (Minors)

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European Advertising Standards AllianceRue des Deux Églises 261000 Brussels, [email protected]