Transcript LEAE 32 Slides PPT - BMM6 by Epicwhale

LEGAL
ENVIRONMENT
AND
ADVERTISING
ETHICS
 Prasar Bharati Act, possibly the most
important legislative move for the future of
Indian broadcasting, came into force on
September 15. With this, a three-person
selection committee formally began the task of
choosing the 15-member Prasar Bharati Board
that will transform Doordarshan and All India
Radio (AIR) into constituents of an
autonomous Broadcast-ing Corporation. The
committee comprises Vice-President Krishan
Kant, Press Council Chairman P.B. Sawant and
a nominee of the President who was yet to be
named. How long the group was likely to take
to complete its task also remained unclear.
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The Prasar Bharati Corporation :
Doordarshan and AIR have been placed under an
autonomous body, namely, the Prasar Bharati
(Broadcasting Corporation of India) with effect from
23rd November, 1997.
The main objective is to free the media from
Government control so that citizens can exercise their
fundamental right to freedom of expression and to
ensure that access to media is not the privilege of the
political party in power alone.
Prasar Bharati is envisaged to be the Public Service
Broadcaster in the country. The main challenges
before the Corporation are:
Providing the ideal mix of infotainment backed by
good quality transmission
Reaching remote and inaccessible areas
Raising financial resources without compromising the
main objective of being a public service broadcaster.
 Prasar Bharati
The Prasar Bharati Act came into existence in
September 1990 and came into force with effect
from 15 September 1997. The act sought to free
Akashwani (All India Radio) and Doordarshan
from direct control of the Government and
provides for establishment of an autonomous
Corporation for electronic media.
The Prasar Bharati Amendment Bill 1998 was
passed in the Lok Sabha in August 1998. The Bill
sought to revive the Prasar Bharati Act 1990 and
nullifies the effect of the Ordinance promulgated
last year. On August 29, 1998 Prasar Bharati
(Broadcasting Corporation of India) Ordinance
1998 was promulgated to restore the original
Prasar Bharati Broadcasting Corporation of India
Act 1990.
 As in the original Act, the Ordinance
provides for
 establishment of a Parliamentary Committee
to oversee the functioning of the Corporation
 establishment of a Broadcasting Council
 the appointment of two full time members of
finance and personnel
 retirement of the 1/3 members by rotation
 Fixing the upper age limit of 62 years for the
CEO.
 Advertising in India has expanded rapidly in
the post-Independent era, keeping pace
with the growth of various industries.
Advertising expenditure as a percentage of
Gross National Product is .25 per cent in
India as compared to 2.9 per cent in USA.
 The emergence of TV advertising from a non-entity in 1970's
to a dominant medium of advertising is a major development
of this decade. The advertisements contributed to DD an
income of Rs 610 crores in the year 1999-2000. The press
continues to obtain most of the advertising share. In the year
1997, twenty-eight dailies derived more than 75% of their
income through ads. Around 19 dailies devoted more than
60% space to advertisements. The Directorate of Advertising
and Visual Publicity (DAVP) places advertisement in various
newspapers and journals on behalf of various Ministries and
Departments of the Government of India. A number of
autonomous bodies and public sector enterprises channelise
their advertising through DAVP. The Code of Advertising
Practice was adopted by The Advertising Council Of India with
a purpose to control the content of advertisements and to
ensure that the they are not offensive to generally accepted
standards of public decency. All India Radio Code for
Commercial Advertising lays down standards of conduct for
advertisers on Indian radio. The Code of Commercial
Advertising on Doordarshan published in 1986, lays down
standards of conduct for advertisers on Indian television.
Copy Right Act
Act to safe guard the original work and
creative talents of artists ( including
painter, musician, sculpture, wroter,
poet singer etc.)
Modern technology and global spread of
art has made it compulsory to reach
out to a larger audience
Different acts in different to protect
creativity from plagiarism and theft
 Indian Copy Right Act was introduced in 1957
 It extends to the whole of India even for the
foreign work which is meant to be viewed in
India
 Any artistic work means, “ a painting,
sculpture, drawing, map, plan or chart,
photograph, design, architecture, dramatic
work ( part or finished), musical composition,
cinematography, film, sound recording, visual
image, features, computer programs, novels ,
short stories, essays or any other non fictional
writing including course work.
It also extends to the government work
including legislation, judiciary
document, any part or the whole of
the Indian Constitution,
parliamentary proceedings concert,
dance performance or films and
documentaries meant for any
government purpose
It also includes joint authorship where
two or more authors have jointly
produced any work
Chapter two of this act suggests the
establishment of the Copy Right
Board. It would be directly under the
control of the Registrar of Copy Right
working within the central
government control
The powers and the functions of Copy
Right board are subject to
amendments and under section 345
and 346 of the Criminal Procedure
Code, it is considered to be at par
with the rights of the Civil Courts.
The Patent Act
 Background
 1. The Patent Act, 1970 came into force on
20.4.1972 replacing Indian Patents and
Designs Act, 1911. When India became
independent, the Govt. of India appointed
the Patent Enquiry Committee .
 The Patent Bill, 1965 based mainly on his
 recommendations and incorporating a few
changes, in particular relating to Patents for
food, drug, medicines, was introduced in
the lower house of Parliament on 21st
September, 1965
 The Patents Act, 1970 in comparison with Indian
Patents and Designs Act, 1911 has far more reaching
effect in some areas such as food, Drug and
 Medicines where all the patents granted under this
category and deemed to be endorsed with the words
“License of Right”.
 The chapter XXII provides international
arrangements with the countries outside India,
which afford to the applicants for Patents in India or
citizens of India, similar privileges as are granted to
its own citizens in respect of grant of Patent and the
protection of their patent rights
Consumer Protection Act
 For better protection of the interest
of consumers
 Following are the objectives of the
act:
1. Right to be protected against
marketing of goods hazardous to life
and property
2. Right to be informed about quality,
quantity, potency, purity and price.
Continued…
3. Right to assured for the access of
goods at competitive price.
4. Right to be heard and to be protected
by appropriate forums
5. The Right to seek redressal against
unfair trade practices or any other
method of exploiting consumers
6. Right to consumer education
Continued…
 The act is divided in four chapters1. Preliminary: According to this, the Act is
extended to the whole of regional
boundaries of India, except the state of
Jammu and Kashmir
Some of the definitions covered in this
chapter are:
a. Consumer:
It means any person who buys any goods
or services made by any payment system
for his own use and not for the resale or
commercial use
Continued…
b. Complaint:
It means any allegation in writing
made by the consumer regarding any
unfair trade practice, any goods with
defect, any service which is faulty or
not on time, excess price charged or
goods hazardous to life and safety
Continued…
2. Consumer protection council
3. Consumer dispute redressal
4. Miscellaneous
Critique of the society:
Jean Kilbourne
 She was a writer writing mainly about
alcohol, tobacco and women
 As per her, the average citizen of a metro
gets about 800 ads in one day, but
remarkably, most of us believe that we are
NOT influenced by the ads.
 Some of her important books are “Killing
US Softly”, “Pack of Lies”, “Sleek Hopes”,
“Cant Buy My Love”
 Writes mainly about the social implications
of advertising
 Compares between women’s state of mind
and the product advt. specially alcohol and
cigarettes
 Advertising encourages us to develop
relationship with the products
 Advertisers believe that “Reach the right
bird and the whole flock will follow”
 Women’s magazines are ridiculous as they
talk about breast cancer and leukemia and
how to fight it with a positive attitude and
in the same magazine, they put cigarette
ad
 Some important chapters from her
books are titled as “We are the
product”, “Advertising is our
environment”, “The corruption of
relationships”, “Falling in love with
food”, “Cutting girls to size”, ”Alcohol
and Rebellion”, etc.
 We substitute things for people-we
mirror behavior of addict-dooming
ourselves to return unsatiated to the
ice cream or lipsticks or puffs
 The next glass of wine can never love us
back like a person does, but with time, it
becomes the focus of our emotions
 Advertising of alcohol and tobacco entice
teenage consumers to take the first
experience in a lifelong relationship
 We are at the risk of toxic cultural
environment, women and girls are more at
risk
 Psychology of women is so deeply rooted in
relation with others, or promise of relation
with products that this fact is exploited
throughout woman’s life by the advertisers
 Most ads aimed at women offer
comfort, power and gratificationfeelings that most women don’t
experience in day-to-day life
 Cigarette ads are aware that women
use smoking as a way to regulate
other moods, for eg, a Marlboro ad
features a worried looking baby
saying, ”Before you scold me
mom…maybe you better light up a
Marlboro”.
Critique of Society:
Vance Packard
 He wrote a number of books on social
issues, like Advertising, Consumerism and
Creating artificial need
 Some of his important books are “The
Naked Society”, “The Waste Makers”,
“People Shapers”, and, “Hidden Persuaders”
 In Hidden Persuaders, he tries to show how
advertisers use motivation research to find
out the consumers’ hidden urges, and how
they use this data to sell products and
services
 Vance Packard explores a large-scale use of
psychology and social sciences to understand
the consumer thinking and purchase decision.
This theory is based on the concept of
motivation research
Motivation Research
Rational stage
(We know what and
why)
Difficult to influence
people
Between conscious
and sub conscious
(We know why, but not
ready to tell anyone
due to prejudice,
assumptions, fear and
emotional promptings
Can be effectively
used to mould
consumers’
attitude
We don’t know
why and what
Most vulnerable stage and
highly susceptible to
convert to ‘Buy’ mode
NAOMI WOLF: BEAUTY MYTH
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Naomi Wolf (born November 12, 1962) is an American
author and political consultant. With the publication of The
Beauty Myth, she became a leading spokesperson of what
was later described as the third-wave of the feminist
movement. She remains an advocate of feminist causes and
progressive politics, with a more recent emphasis on
arguing that there has been a deterioration of democratic
institutions in the United States.
In the early 1990s, Wolf garnered international public
notoriety as a spokesperson of third-wave feminism as a
result of the tremendous success of her first book The
Beauty Myth, which became an international bestseller.[13]
In the book, she argues that "beauty" as a normative value
is entirely socially constructed, and that the patriarchy
determines the content of that construction with the goal of
reproducing its own hegemony.
 Wolf posits the idea of an "iron-maiden," an
intrinsically unattainable standard that is then used to
punish women physically and psychologically for their
failure to achieve and conform to it. Wolf criticized the
fashion and beauty industries as exploitative of
women, but claimed the beauty myth extended into
all areas of human functioning. Wolf writes that
women should have "the choice to do whatever we
want with our faces and bodies without being
punished by an ideology that is using attitudes,
economic pressure, and even legal judgments
regarding women's appearance to undermine us
psychologically and politically". Wolf argues that
women were under assault by the "beauty myth" in
five areas: work, religion, sex, violence, and hunger.
Ultimately, Wolf argues for a relaxation of normative
standards of beauty.[14]
 In her introduction, Wolf positioned her argument against the
concerns of second-wave feminists and offered the following
analysis:
 The attitudes toward women at that time are pretty obvious:
women were seen as walking wombs, and anything they did to
expand their usefulness in the world was attacked as a threat to
this reality. That women could have had more to offer society
beyond the children they bore was not conceivable or allowed.
 The advent of the two world wars changed the rules. It now
became important to society for women to leave their homes and
work for the war effort. Advertising in women's magazines
jumped on the bandwagon:
 "A Pond's cold cream ad of the time read: 'We like to feel we look
feminine even though we are doing a man- sized job...so we tuck
flowers and ribbons in our hair and try to keep our faces looking
pretty as you please.'" A cosmetics ad "admitted that while the
war could not be won by lipstick, 'it symbolized one of the
reasons why we are fighting...the precious right of women to be
feminine and lovely.'" The propaganda in women's magazines of
that day emphasized that it was okay to work in the factory, live
on your own and earn your own salary, so long as you stayed
feminine. And, of course, the goal of all women's magazines was
to be the sole source on how to be feminine. "Women's
magazines needed to ensure that their readers would not liberate
themselves out of their interest in women's magazines."
 Wolf's basic thesis states that there is a relationship
between female liberation and female beauty:
 "The more legal and material hindrances women have
broken through, the more strictly and heavily and
cruelly images of female beauty have come to weigh
upon us...During the past decade, women breached
the power structure; meanwhile, eating disorders rose
exponentially and cosmetic surgery became the
fastest-growing specialty...pornography became the
main media category, ahead of legitimate films and
records combined, and thirty-three thousand
American women told researchers that they would
rather lose ten to fifteen pounds than achieve any
other goal...More women have more money and
power and scope and legal recognition than we have
ever had before; but in terms of how we feel about
ourselves physically, we may actually be worse off
than our unliberated grandmothers."
 The Beauty Myth is the last (and most
dangerous) of a long line of lies concerning
the rules of feminine attributes and
behavior. It is the most dangerous because
it has succeeded in effecting women's
internal sense of themselves. It has created
a standard of femininity that is impossible
to attain, and women are reacting with
increasingly obsessive behavior in their
attempts to measure up. Energy that might
be used to further positive goals is turned
inward instead--dissipated in guilt, shame
and unhappiness at one's physical faults.