best practice marketing

8/2/2019 Best Practice Marketing

1/57

Advertising and Marketing Communication Practice

Consolidated ICC Code


2/57

Consolidated iCC Codeof advertisingand Marketing CoMMuniCation PraCtiCe i

The International Chamber o Commerce (ICC) is uniquely positioned to provide insightulguidance on marketing and advertising around the globe. As the world business

organization, whose membership is composed o thousands o enterprises rom all

sectors and regions, ICC has been a major rule-setter in marketing and advertising since

1937 when it issued the rst ICC Code on Advertising Practice.

Over the years, the ICC Code has served as the oundation and building block or sel-

regulatory structures around the world. These sel-regulatory systems have built trust with

consumers by assuring them o advertising that is honest, legal, decent and truthul and

quick and easy redress when transgressions occur.

The Code also has served business and society by providing ethical guidel ines that create

a level playing eld and minimize the need or legislative or regulatory restrictions. As new

practices and technologies have evolved, ICC has revised and extended the scope o the

Code to assure its useulness and relevance.

We believe this 2011 revision o the ICC Consolidated Code o Advertising and Marketing

Communications Practice will continue to build trust with consumers and acceptance or

the role o sel-regulation around the world.

Preace

Jean-Guy

Carrier

ICC SecretaryGeneral

and

John F.

Manfredi

Chair,

ICC Marketing

& Advertising

Commission


3/57

ii Consolidated iCC Codeof advertisingand Marketing CoMMuniCation PraCtiCe


4/57

Consolidated iCC Codeof advertisingand Marketing CoMMuniCation PraCtiCe iii

Introduction ............................................................................................. 1Responsible advertising and marketing communications .... .... .... .... .... .... .... .... .... .. 1

The Code.................................................................................................. 1

Signicant changes .......... .......... ......... .......... .......... .......... .......... .......... ...... 2

Purpose o the Code ......... .......... .......... .......... .......... .......... ......... .......... ..... 2

Structure o the Code .......... .......... .......... .......... ......... .......... .......... .......... ... 3

Scope o the Code and denitions ......... .......... ......... .......... .......... .......... ........ 3

Interpretation .............................................................................................5

Cross-border communications - origin and jurisdiction ... .... .... .... .... .... .... .... .... .... . 5

I. General provisions on advertising and marketing

communication practice .................................................................... 6Article 1 Basic principles .......... .......... .......... .......... .......... ......... .......... 6

Article 2 Decency ............................................................................................ 6

Article 3 Honesty ............................................................................................6

Article 4 Social responsibili ty ..........................................................................6

Article 5 Truthulness ....................................................................................... 7

Article 6 Use o technical/scientic data and terminology ................................ 7

Article 7 Use o ree and guarantee ............................................................ 7

Article 8 Substantiation ..................................................................................8

Article 9 Identication ...................................................................................... 8

Article 10 Identity ............................................................................................. 8

Article 11 Comparisons ..................................................................................... 8

Article 12 Denigration ........................................................................................8

Article 13 Testimonials ......................................................................................8

Article 14 Portrayal or imitation o persons and reerences

to personal property ..........................................................................9

Article 15 Exploitation o goodwill ...................................................................... 9

Article 16 Imitation ............................................................................................ 9

Article 17 Saety and health .............................................................................. 9

Article 18 Children and young people .............................................................. 10

Article 19 Data protection and privacy ............................................................. 11

Article 20 Transparency on cost o communication .......................................... 13Article 21 Unsolicited products and undisclosed costs .................................... 13

Article 22 Environmental behaviour ................................................................. 14

Article 23 Responsibil ity .................................................................................. 14

Article 24 Eect o subsequent redress or contravention ................................ 14

Article 25 Implementation ................................................................................ 14

Article 26 Respect or sel-regulatory decisions ............................................... 15

Table o contents


5/57

iv Consolidated iCC Codeof advertisingand Marketing CoMMuniCation PraCtiCe

II. Detailed chapters .............................................................................. 16

Chapter A: Sales Promotion......................................................................... 16

Scope o chapter A .......... .......... ......... .......... .......... .......... .......... .......... .... 16

Terms specic to sales promotion .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 16

Article A1 Principles governing sales promotions ............................................. 17

Article A2 Terms o the oer ............................................................................ 17Article A3 Presentation .................................................................................... 17

Article A4 Administration o promotions ........................................................... 17

Article A5 Saety and suitability ........................................................................ 18

Article A6 Presentation to consumers ............................................................. 18

Article A7 Presentation to intermediaries .......................................................... 19

Article A8 Particular obligations o promoters ................................................... 20

Article A9 Particular obligations o intermediaries ............................................. 21

Article A10 Responsibil ity .................................................................................. 21

Chapter B: Sponsorship .............................................................................. 22

Scope o chapter B .......... .......... ......... .......... .......... .......... .......... .......... .... 22Terms specic to sponsorship .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 22

Article B1 Principles governing sponsorship ..................................................... 23

Article B2 Autonomy and sel-determination .................................................... 23

Article B3 Imitation and conusion ................................................................... 23

Article B4 Ambushing o sponsored properties .............................................. 23

Article B5 Respect or the sponsorship property and the sponsor .................... 24

Article B6 The sponsorship audience ............................................................... 24

Article B7 Data capture/data sharing ............................................................... 24

Article B8 Artistic and historical objects ........................................................... 24

Article B9 Social and environmental sponsorship ............................................. 24

Article B10 Charities and humanitarian sponsorship ........................................... 25

Article B11 Multiple sponsorship........................................................................ 25

Article B12 Media sponsorship .......................................................................... 25

Article B13 Responsibil ity .................................................................................. 25

Chapter C: Direct Marketing ........................................................................ 26

Scope o chapter C .......... .......... ......... .......... .......... .......... .......... .......... .... 26

Terms specic to direct marketing .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 26

Article C1 The oer .......................................................................................... 27

Article C2 Presentation .................................................................................... 27

Article C3 Right o withdrawal .......................................................................... 27

Article C4 Ater-sales service ........................................................................... 27Article C5 Identity o the marketer ................................................................... 28

Article C6 Unsolicited products ....................................................................... 28

Article C7 Promotional incentives ..................................................................... 28

Article C8 Saety and health ........................................................................... 28

Article C9 Fullment o orders .......................................................................... 28

Article C10 Substitution o products ................................................................. 28

Article C11 Return o aulty or damaged products .............................................. 28

Article C12 Prices and credit terms .................................................................... 29

Article C13 Payment and debt collection ........................................................... 29


6/57

Consolidated iCC Codeof advertisingand Marketing CoMMuniCation PraCtiCe v

Article C14 Respecting consumer wishes ......................................................... 29

Article C15 Use o electronic media ................................................................... 29

Article C16 Use o telemarketing ....................................................................... 30

C16.1 Disclosures ......................................................................................... 30

C16.2 Reasonable hours ............................................................................... 30

C16.3 Right to written conrmation ...............................................................31

C16.4 Monitoring o conversations ...............................................................31

C16.5 Unlisted numbers ................................................................................ 31

C16.6 Use o automatic dialling equipment ....................................................31

Article C17 Responsibil ity .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 31

Chapter D: Advertising and Marketing Communications

Using Digital Interactive Media ................................................................... 32

Scope o chapter D .......... .......... ......... .......... .......... .......... .......... .......... .... 32

Terms specic to advertising and marketing communications

using digital interactive media ......... .......... .......... ......... .......... .......... .......... . 32

Article D1 Identication ................................................................................... 32

Article D2 Clarity o the oer and conditions .................................................... 33

Article D3 Respect or public groups and review sites ..................................... 33

Article D4 Unsolicited individually addressed

digital marketing communications ....................................................33

Article D5 Digital marketing communications and children ................................ 33

Article D6 Respect or the potential sensit ivities o a global audience ................ 34

Article D7 Provisions or online behavioural advertising (OBA) ........................... 34

D7.1 Notice ......... .......... .......... .......... ......... .......... .......... .......... . 35

D7.2 User control .......... .......... .......... .......... .......... .......... ......... ... 35

D7.3 Data security .......... .......... .......... ......... .......... .......... .......... . 35

D7.4 Children ......... .......... .......... .......... .......... .......... ......... ........ 35D7.5 Sensitive data segmentation .... .... .... .... .... .... .... .... .... .... .... .... ... 35

Article D8 Responsibil ity .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 35

Chapter E: Environmental Claims in Marketing Communications .................... 36

Scope o chapter E .......... .......... ......... .......... .......... .......... .......... .......... .... 36

Terms specic to environmental claims . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 36

Article E1 Honest and truthul presentation ...................................................... 37

Article E2 Scientic research ........................................................................... 38

Article E3 Superiority and comparative claims ................................................. 38

Article E4 Product li e-cycle, components and elements .................................. 38

Article E5 Signs and symbols .......................................................................... 39

Article E6 Waste handling ................................................................................ 39

Article E7 Responsibil ity ................................................................................. 39

Article E8 Additional guidance ......................................................................... 39

Annex I .................................................................................................... 40Terms o reerence o the ICC Code Interpretation Panel .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 40

Composition and appointment .............. .......... ......... .......... .......... .......... ...... 40

Competence............................................................................................ 40

Requests or interpretation ......... .......... .......... ......... .......... .......... .......... ...... 41

Languages ......... .......... .......... .......... .......... ......... .......... .......... .......... ...... 41


7/57

vi Consolidated iCC Codeof advertisingand Marketing CoMMuniCation PraCtiCe

Procedure .......... .......... .......... .......... .......... ......... .......... .......... .......... ...... 41

Confict o interest .......... .......... .......... .......... ......... .......... .......... .......... ...... 42

Decisions ......... .......... .......... .......... .......... .......... .......... .......... ......... ........ 42

Expert advice and complementary inormation .... .... .... .... .... .... .... .... .... .... .... .... . 42

Condentiality .......... .......... .......... .......... .......... ......... .......... .......... .......... . 42

Fees and costs .......... .......... ......... .......... .......... .......... .......... .......... ......... 42

Annex II................................................................................................... 43Implementation Guide or the ICC Marketing Codes .... .... .... .... .... .... .... .... .... .... .. 43

Introduction .......... .......... .......... ......... .......... .......... .......... .......... .......... .... 43

Scope .................................................................................................... 43

Objective ......... .......... .......... .......... .......... .......... .......... .......... ......... ........ 44

Principles ......... .......... .......... .......... .......... .......... .......... .......... ......... ........ 44

Application .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 45


8/57

Consolidated iCC Codeof advertisingand Marketing CoMMuniCation PraCtiCe 1

Responsible advertising and marketing communicationsAdvertising and other orms o marketing communications are vital means o communicat-

ing between marketers and customers. They help to create ecient markets, both nation-

ally and internationally, and bring signicant benets or both consumers and companies,

as well as or society in general.

Responsible advertising and marketing communications, based on widely supported sel-

regulatory codes o conduct, are an expression o the business communitys recognition

o its social obligations. The undamental value o sel-regulation lies in its ability to create,

enhance and preserve consumer trust and condence in the business communities

behind it, and thereby in the marketplace itsel. Eective sel-regulation is also an instru-

ment or the protection o individual companies goodwill and reputation. Sel-regulatory

codes continue to be developed and rened in response to societal, technological and

economic changes.

Independent systems o sel-regulation have been successully applying the ICC Code

or the past 70 years. The use o properly implemented advertising and marketing com-

munications codes is acknowledged and accepted in all major markets1 as industry

best practice and a recognized means o providing additional consumer protection. Sel-

regulation is a tried and tested system which has served responsible business well, or the

benet o consumers all over the world.

The CodeThe rst ICC advertising code was issued in 1937 to provide a globally acceptable rame-

work or responsible creativity and communication. It has been regularly revised to keep

apace with changes in practice thereby continuing to be the global reerence point or

responsible advertising and marketing communications. In 2006 many o the marketing

codes were consolidated into one document, the Consolidated ICC Code o Advertis-

ing and Marketing Communication Practice (the Code). Further advice is provided by ICC

guidelines and ramework interpretations.2

This ninth revision o the Code (and rst o this consolidated version) builds signicantly on

the policy decision in 2006 to ensure that in addition to traditional advertising all orms o

marketing communications are covered. Marketing communications are to be understood

in a broad sense (see denitions) but obviously do not extend indiscriminately to every

type o corporate communication. For instance, the Code does not apply to corporate

public aairs messages in press releases and other media statements, or to inormation

in annual reports and the like, or inormation required to be included on product labels.

Likewise, statements on matters o public policy all outside the scope o this code.

Corporate social responsibility (CSR) programmes as such are not covered by the Code;

however, when a CSR statement appears as a claim in a commercial communication,

1.see or example:

1) the Case study

report on Advertising

o the Hague Instituteor the Internation-

alisation o Law (HiiL )

Project on Constitu-

tional Foundations o

Transnational Private

Regulation Coordinated

by Fabrizio Caaggi

European University

Institute, Florence, Italy,

University o Trento

with Colin Scott, Uni-

versity College Dublin,

Ireland & Linda Senden

Tilburg University, The

Netherlands http://privateregulation.eu

and 2) the EU Commis-

sion DGSanco report

2006, Sel-Regulation

in the EU Advertising

Sector:

http://ec.europa.eu/

dgs/health_consumer/

sel_regulation/docs/re-

port_advertising_en.pd

2.

See Structure o the

Code

Introduction


9/57

2 Consolidated iCC Codeof advertisingand Marketing CoMMuniCation PraCtiCe

the Code is applicable. The Code also applies to marketing communication elements o

a CSR programme, or example where a sponsorship is included in such a programme.

Finally, communications whose primary purpose is entertaining or educational and not

commercial, like the content o television programmes, lms, books magazines or video

games, are not intended to be covered by this code.

Signifcant changesThe new revision has dynamically integrated the applicability o rules on digital interactive

marketing communications throughout the Code and in particular the rewriting o chap-

ter D to ensure these cover all digital interactive media techniques, platorms or devices.

For the rst time the Code addresses responsibility with respect to the use o online be-

havioural targeting in the delivery o advertisements. The eect o both o these changes

will be signicant in terms o the remit and rules o regional and national code compliance

schemes across the globe.

Other signicant changes relate to the rules on environmental claims in chapter E. The chap-

ter was adapted to address claims related to behaviour and liestyle. It cross-reerences to

the detailed ramework guidance produced on the subject by ICC in January 2010.

Marketers should always ensure they have complied with local and sectoral codes as the

principles in this code have been drated deliberately to be broad and fexible.

The rapid evolution o technology and technologically-enhanced marketing communica-

tions and techniques means that the importance o producing responsible marketing

communications has never been more important or companies in preserving their license

to operate.

It is particularly important this new edition o the Code, based on the best availableexpertise, becomes a daily reerence source or everyone involved in the preparation,

distribution and regulation o marketing communications. To aid in this, ICC has developed

a Codes Centre website publishing this and other ICC marketing codes and ramework

guidance giving quick access to all relevant code provisions with regard to a specic

subject or issue. The site can be ound at www.codescentre.com and includes ocial

locally translated versions o the Code and links to local sel-regulatory sites where the

codes are adapted and applied.

The ICC Marketing and Advertising Commission wil l continue to regularly review this

Code to ensure it continues to remain relevant in a dynamic legal, social and technological

environment.

Purpose o the CodeThe Consolidated ICC Code is intended primarily as an instrument o sel-regulation or

commercial communications; however, its provisions may also be useul in regulating

other, non-commercial orms o advertising and communication and it may be used by

the Courts as a reerence document within the ramework o applicable legislation. ICC

recommends its adoption and use worldwide.


10/57


The Code is intended to achieve the ol lowing objectives:

n to demonstrate responsibility and good practice in advertising and marketing

communications across the world;

n to enhance overall public condence in marketing communications; to respect privacy

and consumer preerences; to ensure special responsibility as regards marketing

communications and children/young people;

n to saeguard the reedom o expression o those engaged in marketing communications

(as embodied in article 19 o the United Nations International Covenant o Civil and

Political Rights);

n to provide eective practical and fexible solutions; to minimise the need or detailed

governmental and/or inter-governmental legislation or regulations.

Structure o the CodeThe Consolidated ICC Code is constructed as an integrated system o ethical rules. Its

General Provisions and Denitions apply without exception to all marketing communi-

cations; they should be read in conjunction with the more detailed provisions and specic

requirements set out in the relevant chapters:

n Chapter A Sales Promotion;

n Chapter B Sponsorship;

n Chapter C Direct Marketing;

n Chapter D Advertising and Marketing Using Digital Interactive Media;

n Chapter E Environmental Claims in Marketing Communications.

The Code should also be read in conjunction with other ICC codes, principles and

ramework interpretations in the area o marketing and advertising:

n ICC International Code o Direct Selling;

n ICC/ESOMAR International Code o Market and Social Research;

n ICC Principles on Responsible Deployment o Electronic Product Codes;

n ICC Framework or Responsible Food and Beverage Communications.

n ICC Framework or Responsible Environmental Marketing Communications

Scope o the Code and defnitionsThe Consolidated ICC Code applies to all advertising and other marketing communica-

tions or the promotion o any kind o goods and services, corporate and institutional

promotion included. Its standards o ethical conduct should be observed by everyone

concerned with marketing communications, whether as advertisers, marketers, advertis-

ing practitioners or agencies, in the media, or in related unctions.


11/57


Implementation o the Code will vary depending on individual circumstances: it may be

applied by sel-regulatory organisations set up or the purpose, as well as by individual

companies, agencies, media, etc.

The Code is to be applied against the background o whatever legislation may be

applicable.

When applied in dierent countries or specic markets, ICC global codes enhance harmo-

nization and coherence, yet they are fexible enough to accommodate variations in culture

and societal rules and norms. Where legislation and regulation are not consistent across

borders, the Code deers to local rules. For example, since the denition o the term

child or young person varies widely, the provisions outlined in this code that apply to

marketing communications addressed to children and young people recommend the use

o local denitions. An exception is in the eld o privacy where there is general consensus

on the age at which rules relating to children apply. Hence, or the purpose o all privacy-

related sections, including sections on online behavioural advertising, and in the absence

o relevant local regulatory or sel-regulatory denitions, the Consolidated ICC Code reers

to children as 12 and under.

The ollowing general denitions apply throughout the Code. Terminology relating to a

specic chapter or subsection is dened in that chapter or sub-section.

For the purposes o this code:

n the term advertising or advertisement means any orm o marketing communications

carried by the media, usually in return or payment or other valuable consideration;

n the term consumer means any person who can reasonably be expected to be

aected by marketing communications, whether as an individual or as a trade customer

or user;

n the term digital interactive media reers to any media platorm, service or application

providing electronic communications, using the Internet, online services, and/or

electronic and communication networks, including mobile phone, personal digital

assistant and interactive game consoles which allows the receiving party to interact with

the platorm, service or application;

n the term marketing communications includes advertising as well as other techniques,

such as promotions, sponsorships and direct marketing, and should be interpreted

broadly to mean any communications produced directly by or on behal o marketers

intended primarily to promote products or to infuence consumer behaviour;

n the term market research, which includes social and opinion research, is the

systematic gathering and interpretation o inormation about individuals or organisations

using the statistical and analytical methods and techniques o the applied social

sciences to gain insight or support decision-making. The identity o respondents will

not be revealed to the user o the inormation without explicit consent and no sales

approach will be made to them as a direct result o their having provided inormation;

n the term marketer reers to persons or companies, including advertisers, sales

promoters and direct marketers, who or on whose behal marketing communications

are published or disseminated or the purpose o promoting their products or infuencing

consumer behaviour;


12/57


n the term oer means any presentation or solicitation or the sale or purchase o

products;

n the term personal data means any inormation relating to an identied or identiable

individual;

n the term preerence service (Robinson List) means the administration and operation

o a suppression le o consumers who have registered a wish not to receive unsolicited

direct marketing communications using a specic medium, against which marketing

lists are matched;

n the term product reers to anything that constitutes the subject o an advertisement;

this usually means goods or services, but is not restrictive: where appropriate the Code

may be applied more widely, e.g. to concepts.

InterpretationThe Consolidated ICC Code is to be interpreted in the spir it as well as to the letter. It

applies to marketing communications in their entirety, including all words and numbers

(spoken and written), visual treatments, music and sound eects, and material originating

rom other sources. Because o the dierent characteristics o the various media, e.g.

press, television, radio and other broadcast media, outdoor advertising, lms, digital

interactive media, direct mail, electronic messaging, ax, telephone, etc., communications

which are acceptable or one medium may not necessarily be acceptable or another.

Communications should thereore be judged by their likely impact on the reasonable con-

sumer, having regard to the characteristics o the targeted group and the medium used.

This means that marketing communications should be assessed having regard to the

knowledge, experience and discriminatory ability o the typical consumer to whom it

is directed, as well as social, cultural and linguistic actors. For example, when judging

communications addressed to children, their natural credulity and inexperience should

always be taken into account. Consumers in general are assumed to have a reasonable

degree o experience, knowledge and sound judgment, and to be reasonably observant

and prudent. Proessional or otherwise qualied groups are presumed to have an

appropriate level o specialised knowledge and expertise in their eld o operations.

Cross-border communications -

origin and jurisdictionBeore engaging in cross-border marketing communications, marketers need to consider

what rules would be applicable. There are basically two principles: either the rules o the

country rom where the message or activity originates apply, or those o the country (or

countries) receiving it. In the view o ICC, the rational and eective order would be or the

principle o origin to take precedence, and ICC recommends it be implemented in the

context o sel-regulation. However, the question o legal jurisdiction, i.e. what national

laws would be applicable in a given case, is de acto a complicated matter. Marketers are

thereore urged to assess the legal situation with regard to where they target their market-

ing communications, and to amiliarize themselves with the rules and regulations o the

various relevant jurisdictions.


13/57


Basic principles

All marketing communications should be legal, decent, honest and truthul.

All marketing communications should be prepared with a due sense o social and proes-

sional responsibility and should conorm to the principles o air competition, as generally

accepted in business.

No communication should be such as to impair public condence in marketing.

Decency

Marketing communications should not contain statements or audio or visual treatments

which oend standards o decency currently prevailing in the country and culture con-

cerned.

Honesty

Marketing communications should be so ramed as not to abuse the trust o consumers

or exploit their lack o experience or knowledge.

Relevant actors likely to aect consumers decisions should be communicated in such a

way and at such a time that consumers can take them into account.

Social responsibility

Marketing communications should respect human dignity and should not incite or con-

done any orm o discrimination, including that based upon race, national origin, religion,

gender, age, disability or sexual orientation.

Marketing communications should not without justiable reason play on ear or exploit

misortune or suering.

Marketing communications should not appear to condone or incite violent, unlawul or

anti-social behaviour.

Marketing communications should not play on superstition.

Article 1

Article 2

Article 3

Article 4

I. General provisions on advertising and

marketing communication practice


14/57


Truthulness

Marketing communications should be truthul and not misleading.

Marketing communications should not contain any statement, claim or audio or visual

treatment which, directly or by implication, omission, ambiguity or exaggeration, is likely to

mislead the consumer, in particular, but not exclusively, with regard to:

n characteristics o the product which are material, i.e. likely to infuence the consumers

choice, such as: nature, composition, method and date o manuacture, range o

use, eciency and perormance, quantity, commercial or geographical origin or

environmental impact;

n the value o the product and the total price to be paid by the consumer;

n terms or delivery, exchange, return, repair and maintenance;

n terms o guarantee;

n copyright and industrial property rights such as patents, trade marks, designs and

models and trade names;

n compliance with standards;

n ocial recognition or approval, awards such as medals, prizes and diplomas;

n the extent o benets or charitable causes.

Use o technical/scientic data and terminology

Marketing communications should not

n misuse technical data, e.g. research results or quotations rom technical and scientic

publications;

n present statistics in such a way as to exaggerate the validity o a product claim;

n use scientic terminology or vocabulary in such a way as alsely to suggest that a

product claim has scientic validity.

Use o ree and guarantee

The term ree, e.g. ree git or ree oer, should be used only

n where the oer involves no obligation whatsoever; or

n where the only obligation is to pay shipping and handling charges which should not

exceed the cost estimated to be incurred by the marketer, or

n in conjunction with the purchase o another product, provided the price o that product

has not been increased to cover all or part o the cost o the oer.

Marketing communications should not state or imply that a guarantee, warranty or

other expression having substantially the same meaning, oers the consumer rights

additional to those provided by law when it does not. The terms o any guarantee or

warranty, including the name and address o the guarantor, should be easily available to

the consumer and limitations on consumer rights or remedies, where permitted by law,

should be clear and conspicuous.

Article 5

Article 6

Article 7


15/57


Substantiation

Descriptions, claims or illustrations relating to veriable acts in marketing communica-

tions should be capable o substantiation. Such substantiation should be available so

that evidence can be produced without delay and upon request to the sel-regulatory

organisations responsible or the implementation o the Code.

Identication

Marketing communications should be clearly distinguishable as such, whatever their orm

and whatever the medium used. When an advertisement appears in a medium contain-

ing news or editorial matter, it should be so presented that it is readily recognisable as an

advertisement and the identity o the advertiser should be apparent (see also article 10).

Marketing communications should not misrepresent their true commercial purpose.

Hence a communication promoting the sale o a product should not be disguised as or

example market research, consumer surveys, user-generated content, private blogs or

independent reviews.

Identity

The identity o the marketer should be apparent. Marketing communications should,

where appropriate, include contact inormation to enable the consumer to get in touch

with the marketer without diculty

The above does not apply to communications with the sole purpose o attracting attent ion

to communication activities to ollow (e.g. so-called teaser advertisements).

ComparisonsMarketing communications containing comparisons should be so designed that the

comparison is not likely to mislead, and should comply with the principles o air

competition. Points o comparison should be based on acts which can be substantiated

and should not be unairly selected.

Denigration

Marketing communications should not denigrate any person or group o persons, rm,

organisation, industrial or commercial activity, proession or product, or seek to bring it or

them into public contempt or ridicule.

Testimonials

Marketing communications should not contain or reer to any testimonial, endorsement

or supportive documentation unless it is genuine, veriable and relevant. Testimonials

or endorsements which have become obsolete or misleading through passage o time

should not be used.

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13


16/57


Portrayal or imitation o persons and reerencesto personal property

Marketing communications should not portray or reer to any persons, whether in a private

or a public capacity, unless prior permission has been obtained; nor should

marketing communications without prior permission depict or reer to any persons

property in a way likely to convey the impression o a personal endorsement o theproduct or organisation involved.

Exploitation o goodwill

Marketing communications should not make unjustiable use o the name, initials, logo

and/or trademarks o another rm, company or institution. Marketing communications

should not in any way take undue advantage o another rms, individuals or institutions

goodwill in its name, brands or other intellectual property, or take advantage o the good-

will earned by other marketing campaigns without prior consent.

Imitation

Marketing communications should not imitate those o another marketer in any way likely

to mislead or conuse the consumer, or example through the general layout, text, slogan,

visual treatment, music or sound eects.

Where a marketer has established a distinctive marketing communications campaign in

one or more countries, other marketers should not imitate that campaign in other

countries where the marketer who originated the campaign may operate, thereby prevent-

ing the extension o the campaign to those countries within a reasonable period o time.

Saety and healthMarketing communications should not, without justication on educational or social

grounds, contain any visual portrayal or any description o potentially dangerous practices,

or situations which show a disregard or saety or health, as dened by local national

standards. Instructions or use should include appropriate saety warnings and, where

necessary, disclaimers. Children should be shown to be under adult supervision whenever

a product or an activity involves a saety risk.

Inormation provided with the product should include proper directions or use and ull in-

structions covering health and saety aspects whenever necessary. Such health and saety

warnings should be made clear by the use o pictures, text or a combination o both.

Article 14

Article 15

Article 16

Article 17


17/57


Children and young people

Special care should be taken in marketing communications directed to or eaturing

children or young people. The ollowing provisions apply to marketing communications

addressed to children and young people as dened in national laws and regulations

relevant to such communications.

n Such communications should not undermine positive social behaviour, liestyles and

attitudes;

n Products unsuitable or children or young people should not be advertised in media

targeted to them, and advertisements directed to children or young people should not

be inserted in media where the editorial matter is unsuitable or them.

Material unsuitable or children should be clearly identied as such.

For rules on data protection relating specically to childrens personal inormation

see article 19.

Inexperience and credulity

Marketing communications should not exploit inexperience or credulity, with particular

regard to the ollowing areas:

1. When demonstrating a products perormance and use, marketing communications

should not

a. minimise the degree o skill or understate the age level generally required to

assemble or operate products;

b. exaggerate the true size, value, nature, durability and perormance o the product;

c. ail to disclose inormation about the need or additional purchases, such as

accessories, or individual items in a collection or series, required to produce theresult shown or described.

2. While the use o antasy is appropriate or younger as well as older children, it should

not make it dicult or them to distinguish between reality and antasy.

3. Marketing communications directed to children should be clearly distinguishable to

them as such.

Avoidance o harm

Marketing communications should not contain any statement or visual treatment that

could have the eect o harming children or young people mentally, morally or physically.Children and young people should not be portrayed in unsae situations or engaging in

actions harmul to themselves or others, or be encouraged to engage in potentially

hazardous activities or behaviour.

Social values

Marketing communications should not suggest that possession or use o 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 eect.

Article 18


18/57


Marketing communications should not undermine the authority, responsibility, judgment or

tastes o parents, having regard to relevant social and cultural values.

Marketing communications should not include any direct appeal to children and young

people to persuade their parents or other adults to buy products or them.

Prices should not be presented in such a way as to lead children and young people to anunrealistic perception o the cost or value o the product, or example by minimising them.

Marketing communications should not imply that the product being promoted is immedi-

ately within the reach o every amily budget.

Marketing communications which invite children and young people to contact the

marketer should encourage them to obtain the permission o a parent or other appropriate

adult i any cost, including that o a communication, is involved

For other specic rules on marketing communications with regard to children:

n in the digital interactive media see chapter D, article D5;

n within the context o ood and non-alcoholic beverages see the ICC Framework or

responsible ood and beverage marketing communication.

Data protection and privacy

When collecting personal data rom individuals, care should be taken to respect and

protect their privacy by complying with relevant rules and regulations.

Collection o data and notice

When personal inormation is collected rom consumers, it is essential to ensure that the

individuals concerned are aware o the purpose o the collection and o any intention totranser the data to a third party or that third partys 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 inormation or any other purpose.) It is best to

inorm the individual at the time o collection; when it is not possible to do so this should

be done as soon as possible thereater.

Use o data

Personal data collected in accordance with this code should be

n collected or specied and legitimate purposes and not used in any manner

incompatible with those purposes;

n adequate, relevant and not excessive in relation to the purpose or which they are

collected and/or urther processed;

n accurate and kept up to date;

n preserved or no longer than is required or the purpose or which the data were

collected or urther processed.

Article 19


19/57


Security o processing

Adequate security measures should be in place, having regard to the sensitivity o the in-

ormation, in order to prevent unauthorised access to, or disclosure o, the personal data.

I the inormation is transerred to third parties, it should be established that they employ at

least an equivalent level o security measures.

Childrens personal inormation

When personal inormation is collected rom individuals known or reasonably believed to

be children 12 and younger, guidance should be provided to parents or legal guardians

about protecting childrens privacy i easible.

Children should be encouraged to obtain a parents or other appropriate adults permis-

sion beore providing inormation via digital interactive media, and reasonable steps should

be taken to check that such permission has been given.

Only as much personal inormation should be collected as is necessary to enable the child

to engage in the eatured activity.

Data collected rom children should not be used to address marketing communications to

the childrens parents or other amily members without the consent o the parent.

Identiable personal inormation about individuals known to be children should only be

disclosed to third parties ater obtaining consent rom a parent or legal guardian or where

disclosure is authorised by law. (Third parties do not include agents or others who provide

technical or operational support to the marketer and who do not use or disclose childrens

personal inormation or any other purpose.)

Additional rules specic to marketing communications to children using digital interactive

media can be ound in chapter D, article D5.

Privacy policy

Those who collect data in connection with marketing communication activit ies should

have a privacy policy, the terms o which should be readily available to consumers, and

should provide a clear statement i any collection or processing o data is taking place,

whether it is sel-evident or not.

In jurisdictions where no privacy legislation currently exists, it is recommended that privacy

principles such as those o the ICC Privacy Toolkit3 are adopted and implemented.

Rights o the consumer

Appropriate measures should be taken to ensure that consumers understand and exercise

their rights

n to opt out o marketing lists (including the right to sign on to general preerence

services);

n to require that their data are not made available to third parties or their marketing

purposes; and

n to rectiy incorrect data which are held about them.

3.

Available rom

www.iccwbo.org


20/57


Where a consumer has expressed a wish not to receive marketing communications using

a specic medium, whether via a preerence service or by other means, this wish should

be respected. Additional rules specic to the use o the digital interactive media and

consumer rights are to be ound in chapter D.

Cross-border transactions

Particular care should be taken to maintain the data protection rights o the consumer

when personal data are transerred rom the country in which they are collected to

another country.

When data processing is conducted in another country, all reasonable steps should be

taken to ensure that adequate security measures are in place and that the data protection

principles set out in this code are respected. The use o the ICC model clauses covering

agreements between the originator o the marketing list and the processor or user in

another country is recommended4.

Transparency on cost o communication

Where the cost to consumers o accessing a message or communicating with the mar-

keter is higher than the standard cost o postage or telecommunications, e.g. premium

rate or an online message, connection or telephone number, this cost should be made

clear to consumers, expressed either as cost per minute or as cost per message.

When this inormation is provided on-line, consumers should be clearly inormed at the

time when they are about to access the message or online service, and be allowed a rea-

sonable period o time to disconnect without incurring the charge.

Where a communication involves such a cost, the consumer should not be kept waiting

or an unreasonably long time in order to achieve the purpose o the communication and

calls should not be charged until the consumer can begin to ull that purpose.

Unsolicited products and undisclosed costs

Marketing communications associated with the practice o sending unsolicited products

to consumers who are then asked or payment (inertia selling), including statements

or suggestions that recipients are required to accept and pay or such products, should

be avoided.

Marketing communications which solicit a response constituting an order or which pay-

ment will be required (e.g. an entry in a publication) should make this unambiguously clear.

Marketing communications soliciting orders should not be presented in a orm which

might be mistaken or an invoice, or otherwise alsely suggest that payment is due.

For specic rules on unsolicited individually addressed digital marketing communications,

see chapter D, article D4.

4.

Available rom

www.iccwbo.org

Article 20

Article 21


21/57


Environmental behaviour

Marketing communications should not appear to condone or encourage actions which

contravene the law, sel-regulatory codes or generally accepted standards o environ-

mentally responsible behaviour. They should respect the principles set out in chapter E,

Environmental Claims in Marketing Communications.

Responsibility

These general rules on responsibility apply to all orms o marketing communications.

Rules on responsibility with special relevance to certain activities or media can be ound in

the chapters devoted to those activities and media.

Responsibility or the observance o the rules o conduct laid down in the Code rests with

the marketer whose products are the subject o the marketing communications, with the

communications practitioner or agency, and with the publisher, media owner or contractor.

Marketers have overall responsibility or the marketing communications o their products.

Agencies or other practitioners should exercise due care and diligence in the preparation

o marketing communications and should operate in such a way as to enable marketers to

ull their responsibilities.

Publishers, media owners or contractors, who publish, transmit, deliver or distribute mar-

keting communications, should exercise due care in the acceptance o them and their

presentation to the public.

Individuals employed by a rm, company or institution alling into any o the above catego-

ries and who take part in the planning, creation, publication or transmission o a marketing

communication are responsible, to an extent commensurate with their respective posi-

tions, or ensuring that the rules o the Code are observed and should act accordingly.

The Code applies to the marketing communication in its entire content and orm, including

testimonials and statements, and audio or visual material originating rom other sources.

The act that the content or orm o a marketing communication may originate wholly or in

part rom other sources does not justiy non-observance o the Code rules.

Eect o subsequent redress or contravention

Subsequent correction and/or appropriate redress or a contravention o the Code, by the

party responsible, is desirable but does not excuse the contravention.

Implementation

The Code and the principles enshrined in it, should be adopted and implemented, nation-

ally and internationally, by the relevant local, national or regional sel-regulatory bodies.

The Code should also be applied, where appropriate, by all organisations, companies and

individuals involved and at all stages in the marketing communication process.

Article 22

Article 23

Article 24

Article 25


22/57


Marketers, communications practitioners or advertising agencies, publishers, media-

owners and contractors should be amiliar with the Code and with other relevant local

sel-regulatory guidelines on advertising and other marketing communications, and should

amiliarise themselves with decisions taken by the appropriate sel-regulatory body. They

should ensure an appropriate means exists or consumers to make a complaint and that

consumers can readily be aware o it and use it easily.

Further details regarding implementation o the Code by companies and other bodies can

be ound in the Implementation Guide or the ICC Marketing Codes5.

Requests or interpretation o the principles contained in this code may be submitted to

the ICC Code Interpretation Panel6.

Respect or sel-regulatory decisions

No marketer, communications practitioner or advertising agency, publisher, media owner

or contractor should be party to the publication or distribution o an advertisement or

other marketing communication which has been ound unacceptable by the relevant sel-regulatory body.

All parties are encouraged to include in their contracts and other agreements pertaining to

advertising and other marketing communication, a statement committing the signatories

to adhere to the applicable sel-regulatory rules and to respect decisions and rulings made

by the appropriate sel-regulatory body.

Where no eective sel-regulatory codes and arrangements are in place in a particular

country, all parties are encouraged to include in their contracts and other agreements

pertaining to advertising and marketing communication a statement committing the

signatories to respect the current Consolidated ICC Code.

5.

See Annex II

6.

See Annex I

Article 26


23/57


Chapter A: Sales PromotionThis chapter is to be read in conjunction with the General Provisions on Advertising and

Marketing Communication Practice.

Scope o chapter A

This chapter applies to marketing devices and techniques which are used to make

products more attractive by providing some promotional item, whether in cash or in kind,

or the expectation o such a benet. The chapter applies irrespective o the orm o

distribution or o media, including digital (e.g. websites) and audiovisual media. It also

applies to sales and trade incentive promotions, to editorial promotional oers and tothose made by audiovisual media.

Promotions are usually temporary activities, but the chapter applies also to the long-term

and permanent use o promotional techniques.

The chapter covers all orms o sales promotion, including

n premium oers o all kinds;

n reduced price and ree oers;

n the distribution o stamps, coupons, vouchers and samples;

n charity-linked promotions;

n prize promotions o all kinds, including incentive programmes;

n promotional elements used in connection with other marketing communications, such

as direct marketing or sponsorships.

The chapter does not cover the routine distribution o product supplements or accessories

o a non-promotional nature.

Terms specic to sales promotion

The ollowing denitions relate specical ly to this chapter and should be read in conjunc-

tion with the general denitions contained in the General Provisions:

n the term promotional item reers to any goods or services (or combination thereo)

oered or a promotional purpose;

n the term consumer reers to any person, company or organisation to whom any sales

promotion is directed or who receives a benet rom it, either nancially or in kind;

n the term prize promotion reers to any skill contest or prize draw used in conjunction

with a sales promotion activity;

II. Detailed chapters


24/57


n the term intermediary reers to any person, company or organisation, other than the

promoter, engaged in the implementation o any orm o sales promotion;

n the term main product reers to the goods or services (or combination thereo) being

promoted;

n the term promoter reers to any person, company or organisation by whom or on

whose behal a promotion is initiated.

Depending on the circumstances, any producer, wholesaler, retailer or other person in the

marketing process may be a promoter, intermediary and/or consumer or the purposes o

a particular sales promotion.

Principles governing sales promotions

n All sales promotions should deal airly and honourably with consumers.

n All sales promotions should be so designed and conducted as to meet reasonable

consumer expectation associated with the advertising or promotion thereo.n The administration o sales promotions and the ullment o any obligation arising rom

them should be prompt and ecient.

n The terms and conduct o all sales promotions should be transparent to all participants.

n All sales promotions should be ramed in a way which is air to competitors and other

traders in the market.

n No promoters, intermediaries or others involved should do anything likely to bring sales

promotions into disrepute.

Terms o the oer

Sales promotions should be so devised as to enable the consumer to identiy the

terms o the oer easily and clearly, including any limitations. Care should be taken not

to exaggerate the value o the promotional item or to obscure or conceal the price

o the main product.

Presentation

A sales promotion should not be presented in a way likely to mislead those to whom

it is addressed about its value, nature or the means o participation. Any marketing

communication regarding the sales promotion, including activities at the point o sale,

should be in strict accordance with the General Provisions o the Code.

Administration o promotions

Sales promotions should be administered with adequate resources and supervision,

anticipated to be required, including appropriate precautions to ensure that the adminis-

tration o the oer meets the consumers reasonable expectations.

In particular:

n the availability o promotional items should be sucient to meet anticipated demand

consistent with the express terms o the oer. I delay is unavoidable, consumers should

Article A1

Article A2

Article A3

Article A4


25/57


be advised promptly and necessary steps taken to adjust the promotion o the oer.

Promoters should be able to demonstrate that they have made, beore the event, a

reasonable estimate o the likely response. Where a purchase or a series o purchases

are a precondition or obtaining the promotional item, promoters should ensure pro-

motional items are suciently available to match the number o purchases being made;

n deective goods or inadequate services should be replaced, or appropriate nancialcompensation given. Any costs reasonably incurred by consumers as a direct result o

any such shortcoming should be reimbursed immediately on request;

n complaints should be eciently and properly handled.

Saety and suitability

Care should be taken to ensure that promotional items, provided they are properly used,

do not expose consumers, intermediaries, or any other persons or their property to any

harm or danger.

Promoters should ensure that their promotional activities are consistent with the principleso social responsibilities contained in the General Provisions, and in particular take reason-

able steps to prevent unsuitable or inappropriate materials rom reaching children.

Presentation to consumers

Complex rules should be avoided. Rules should be drawn up in language that consumers

can easily understand. The chances o winning prizes should not be overstated.

Inormation requirements

Sales promotions should be presented in such a way as to ensure that consumers

are made aware, beore making a purchase, o conditions likely to aect their decision

to purchase.

Inormation should include, where relevant:

n clear instructions on the method o obtaining or participating in the promotional oer,

e.g. conditions or obtaining promotional items, including any liability or costs, or taking

part in prize promotions;

n main characteristics o the promotional items oered;

n any time limit on taking advantage o the promotional oer;

n any restrictions on participation (e.g. geographical or age-related), availability opromotional items, or any other limitations on stocks. In the case o limited availability,

consumers should be properly inormed o any arrangements or substituting alternative

items or reunding money;

n the value o any voucher or stamp oered where a monetary alternative is available;

n any expenditure involved, including costs o shipping and handling and terms o

payment;

n the ull name and address o the promoter and an address to which complaints can be

directed (i dierent rom the address o the promoter).

Article A5

Article A6


26/57


Promotions claiming to support a charitable cause should not exaggerate the contribution

derived rom the campaign; beore purchasing the promoted product consumers should

be inormed o how much o the price will be set aside or the cause.

Inormation in prize promotions

Where a sales promotion includes a prize promotion, the ollowing inormation should begiven to consumers, or at least made available on request, prior to participation and not

conditional on purchasing the main product:

n any rules governing eligibility to participate in the prize promotion;

n any costs associated with participation, other than or communication at or below

standard rate (mail, telephone etc.);

n any restriction on the number o entries;

n the number, value and nature o prizes to be awarded and whether a cash alternative

may be substituted or a prize;

n in the case o a skill contest, the nature o the contest and the criteria or judging

the entries;

n the selection procedure or the award o prizes;

n the closing date o the competition;

n when and how the results will be made available;

n whether the consumer may be liable to pay tax as a result o winning a prize;

n the time period during which prizes may be collected;

n where a jury is involved, the composition o the jury;

n any intention to use winners or winning contributions in post-event activities and the

terms on which these contributions may be used.

Presentation to intermediaries

Inormation or intermediaries

Sales promotions should be so presented to intermediaries that they are able to evaluate

the services and commitments required o them. In particular, there should be adequate

details as to:

n the organisation and scope o the promotion, including the timing and any t ime limit;

n the ways in which the promotion will be presented to the trade and to the public;

n the conditions or participation;

n the nancial implications or intermediaries;

n any special administrative task required o intermediaries.

Article A7


27/57


Inormation on outer packing

Where appropriate, relevant inormation or intermediaries, such as any closing date or

time-limit, should appear on the outer packing o products bearing promotional oers, so

that the intermediary is able to carry out the necessary stock control.

Particular obligations o promoters

Interests o intermediaries

Sales promotions should be devised and administered with due regard to the legitimate in-

terests o intermediaries and should respect their reedom o decision.

Interests o employees, employers and consumer relations

The terms o sales promotions should be so designed as to respect the bond o loyalty

between employees and their employers.

Promotion and incentive schemes should be designed and implemented to take accounto the interests o everyone involved and should not confict with the duty o employees to

their employer or their obligation to give honest advice to consumers.

Rights o intermediaries employees

The prior agreement o the intermediary or his/her responsible manager should always be

sought i the proposed promotion involves

n inviting the employees o the intermediary to assist in any promotional activity;

n oering any inducement or reward, nancial or otherwise, to such employees or their

assistance or or any sales achievements in connection with any sales promotion.

In the case o an oer addressed openly through public media, or which such prior

permission cannot be obtained, it should be made clear that employees must obtain their

employers permission beore participating.

Timely delivery o goods and materials to intermediaries

All goods, including promotional items and other relevant material, should be delivered to

the intermediary within a period which is reasonable in terms o any time limitation on the

promotional oer.

Contractual relationships between intermediaries and consumers

Sales promotions involving active co-operation by the intermediary or his/her employees

should be so devised as not to prejudice any contractual relationship which may exist

between the intermediary and the consumers.

Article A8


28/57


Particular obligations o intermediaries

Honesty

Sales promotions which have been accepted by the intermediary should be airly and hon-

estly handled, and properly administered by him/her and his/her employees.

Misrepresentation

Sales promotions involving any specic responsibility on the part o the intermediary

should be so handled by him/her that no misinterpretation is likely to arise as to the terms,

value, limitations or availability o the oer.

In particular, the intermediary should adhere to the plan and conditions o the promotion

as laid down by the promoter. No changes to the agreed arrangements, e.g. alteration

o the time-limit, should be made by the intermediary without the prior agreement o the

promoter.

Responsibility

The onus or observing the Code al ls on the promoter, who has the ultimate responsibility

or all aspects o sales promotions, whatever their kind or content.

Anyone taking part in the planning, creation or execution o any sales promotion

has responsibility, as dened in article 23 o the General Provisions, or ensuring the

observance o the Code towards intermediaries, consumers, and other parties aected or

likely to be aected by the promotion.

Article A9

Article A10


29/57


Chapter B: Sponsorship

This chapter is to be read in conjunction with the General Provisions on Advertising and

Marketing Communication Practice.

Scope o chapter BThis chapter applies to all orms o sponsorship relating to corporate image, brands,

products, activities or events o any kind. It includes sponsorship by both commercial and

non-commercial organisations, including sponsorship elements orming part o other

marketing activities such as sales promotion or direct marketing. The rules also apply to

any sponsorship element o corporate social responsibility programmes. Sponsor-owned

activities should comply, to the extent applicable, with the principles o this chapter.

This chapter does not apply to product placement, or to unding which lacks a commer-

cial or communication purpose, such as donations or patronage, except where there is a

sponsorship element.

Terms specic to sponsorship



n the term audience reers to the public, individuals or organisations to which a

sponsorship property is directed;

n the term donations and patronage reers to orms o altruism where money or goods

may be given, with only negligible or no benets, recognition or commercial return;

n the term media sponsorship reers to sponsorship o a media property (e.g. television

or radio broadcast, publication, cinema, internet, mobile or other telecommunication

technology);

n the term product placement reers to the inclusion o a product or brand so that

it is eatured within the content o a programme, lm or publication, including online

material, normally in return or payment or other valuable consideration to the

programme or lm producer, publisher or licensee;

n the term sponsor reers to any corporation or other legal entity providing nancial or

other sponsorship support;

n the term sponsor-owned activity reers to a property which appears to be a

sponsorship but where the sponsor and the sponsored party are the same entity; orinstance an event created and owned by a company/organisation or which it also has

the intention or eect o being perceived as the sponsor o the event;

n the term sponsorship reers to any commercial agreement by which a sponsor, or the

mutual benet o the sponsor and sponsored party, contractually provides nancing or

other support in order to establish an association between the sponsors image, brands

or products and a sponsorship property, in return or rights to promote this association

and/or or the granting o certain agreed direct or indirect benets;


30/57


n the term sponsored party reers to any individual or other legal entity owning the

relevant rights in the sponsorship property and receiving direct or indirect support rom

a sponsor in relation to the sponsorship property;

n the term sponsorship property reers to an event, activity, organisation, individual,

media or location.

Principles governing sponsorship

All sponsorship should be based on contractual obligations between the sponsor and the

sponsored party. Sponsors and sponsored parties should set out clear terms and condi-

tions with all other partners involved, to dene their expectations regarding all aspects o

the sponsorship deal.

Sponsorship should be recognisable as such.

The terms and conduct o sponsorship should be based upon the principle o good aith

between all parties to the sponsorship.

There should be clarity regarding the specic r ights being sold and conrmation that these

are available or sponsorship rom the rights holder. Sponsored parties should have the

absolute right to decide on the value o the sponsorship rights that they are oering and

the appropriateness o the sponsor with whom they contract.

Autonomy and sel-determination

Sponsorship should respect the autonomy and sel-determination o the sponsored party

in the management o its own activities and properties, provided the sponsored party ulls

the obligations set out in the sponsorship agreement.

Imitation and conusion

Sponsors and sponsored parties, as well as other parties involved in a sponsorship,

should avoid imitation o the representation o other sponsorships where such imitation

might mislead or generate conusion, even i applied to non-competitive products,

companies or events.

Ambushing o sponsored properties

No party should seek to give the impression that it is a sponsor o any event or o media

coverage o an event, whether sponsored or not, i it is not in act an ocial sponsor o theproperty or o media coverage.

The sponsor and sponsored party should each take care to ensure that any actions

taken by them to combat ambush marketing are proportionate and that they do not

damage the reputation o the sponsored property nor impact unduly on members o

the general public.

Article B1

Article B2

Article B3

Article B4


31/57


Respect or the sponsorship property and the sponsor

Sponsors should take particular care to saeguard the inherent artistic, cultural, sporting

or other content o the sponsorship property and should avoid any abuse o their position

which might damage the identity, dignity, or reputations o the sponsored party or the

sponsorship property.

The sponsored party should not obscure, deorm or bring into disrepute the image or trade-

marks o the sponsor, or jeopardise the goodwill or public esteem associated with them.

The sponsorship audience

The audience should be clearly inormed o the existence o a sponsorship with respect to

a particular event, activity, programme or person and the sponsors own message should

not be likely to cause oence. Due note should be taken o existing proessional ethics o

the sponsored party.

This article is not, however, intended to discourage sponsorship o avant-garde or

potentially controversial artistic/cultural activities, or to encourage sponsors to exercise

censorship over a sponsored partys message.

Data capture/data sharing

I an individuals data are used in connection with sponsorship, the provisions o article 19

are applicable.

Artistic and historical objects

Sponsorship should not be conducted in such a way as to endanger artistic or historical

objects.

Sponsorship which aims to saeguard, restore, or maintain cultural, artistic or historical

properties or their diusion, should respect the public interest related to them.

Social and environmental sponsorship

Both sponsors and sponsored parties should take into consideration the potential social

or environmental impact o the sponsorship when planning, organising and carrying out

the sponsorship.

Any sponsorship message ully or partially based on a claim o positive (or reduced nega-

tive) social and/or environmental impact should be substantiated in terms o actual ben-

ets to be obtained. Parties to the sponsorship should respect the principles set out in the

ICC Business Charter or Sustainable Development7.

Any environmental claim made with respect to the sponsorship should conorm to the

principles set out in chapter E, Environmental Claims in Marketing communications.

Article B5

Article B6

Article B7

Article B8

Article B9

7.

Available rom

www.iccwbo.org


32/57


Charities and humanitarian sponsorship

Sponsorship o charities and other humanitarian causes should be undertaken with sensi-

tivity and care, to ensure that the work o the sponsored party is not adversely aected.

Multiple sponsorship

Where an activity or event requires or allows several sponsors, the individual contracts

and agreements should clearly set out the respective rights, limits and obligations o each

sponsor, including, but not limited to, details o any exclusivity.

In particular, each member o a group o sponsors should respect the dened sponsorship

elds and the allotted communication tasks, avoiding any intererence that might unairly

alter the balance between the contributions o the various sponsors.

The sponsored party should inorm any potential sponsor o all the sponsors already a

party to the sponsorship. The sponsored party should not accept a new sponsor without

rst ensuring that it does not confict with any rights o sponsors who are already con-

tracted and, where appropriate, inorming the existing sponsors.

Media sponsorship

The content and scheduling o sponsored media properties should not be unduly

infuenced by the sponsor so as to compromise the responsibility, autonomy or editorial

independence o the broadcaster, programme producer or media owner, except to the

extent that the sponsor is permitted by relevant legislation to be the programme producer

or co-producer, media owner or nancier.

Sponsored media properties should be identied as such by presentation o the sponsors

name and/or logo at the beginning, during and/or at the end o the programme or publi-cation content. This also applies to online material.

Particular care should be taken to ensure that there is no conusion between sponsorship

o an event or activity and the media sponsorship o that event, especially where dierent

sponsors are involved.

Responsibility

As sponsorship is conceptually based on a contract o mutual benet, the onus or ob-

serving the Code alls jointly on the sponsor and the sponsored party, who share the ulti-

mate responsibility or all aspects o the sponsorship, whatever its kind or content. Anyone

taking part in the planning, creation or execution o any sponsorship has a degree o re-

sponsibility, as dened in article 23 o the General Provisions, or ensuring the observance

o the Code towards those aected, or likely to be aected, by the sponsorship.

Article B10

Article B11

Article B12

Article B13


33/57


Chapter C: Direct Marketing

This chapter is to be read in conjunction with the General Provisions on Advertising and

Marketing Communication Practice, and with chapter D on Advertising and Marketing

Communications Using Digital Interactive Media.

Scope o chapter C

This chapter applies to all direct marketing activities in their entirety, whatever their orm,

medium or content. It sets standards o ethical conduct to be ollowed by marketers,

distributors, practitioners or other contractors providing services or direct marketing

purposes, or in the media.

Terms specic to direct marketing



n the term data controller means the person or body that controls the purpose and

means o the processing o personal data and its protection and use;

n the term direct marketing comprises all communication activities with the intention

o oering goods or services or transmitting commercial messages, presented in any

medium and aimed at inorming and soliciting a response rom the addressee, as well

as any service directly related thereto;

n the term electronic media reers to media services providing electronic communication

such as electronic mail and Short Message Service (SMS);

n the term marketing list means a list o contacts within a data base created or used or

direct marketing purposes;

n the term operator reers to any person, rm or company, other than the marketer, that

provides a direct marketing service or or on behal o the marketer;

n the term processing means any operation, or set o operations, perormed upon

personal data;

n the term predictive dialler means an automated dialler which will adjust the rate at

which it dials and deliver answered telephone calls immediately to match operator

availability;

n the term telemarketer reers to any person, rm or company, that perorms a direct

marketing service by telephone or or on behal o the marketer;

n the term telemarketing includes all marketing done by voice via telephone, landline,

mobile or other device.


34/57


The oer

The ullment o any obligation arising rom a direct marketing activity should be prompt

and ecient.

Whenever an oer is made, all the commitments to be ullled by the marketer, the opera-

tor and the consumer should be made clear to consumers, either directly or by reerence

to sales conditions available to them at the time o the oer.

When presenting the oer, any ont which, by its size or any other visual characteristic, is

likely to materially reduce or obscure the legibility and clarity o the oer should be avoided.

Wherever appropriate, the essential points o the oer should be simply and clearly sum-

marised together in one place. Essential points o the oer may be clearly repeated, but

should not be scattered throughout the promotional material.

Presentation

The terms o any oer should be clear, so that the consumer may know the exact natureo the product being oered.

When the presentation o an oer also eatures products not included in the oer, or where

additional products need to be pur

best practice marketing

Documents