Transcript Cecile Billaux - Responsible Gaming Day

Advertising self-regulation:
Can it deliver?
DG SANCO’s experience
Cécile Billaux
DG Health and Consumers
Unit 02, Strategy and Analysis
Presentation to EGBA conference
17 April 2008
1/20
Today’s presentation
Introduction / preliminary remarks
The Advertising Self-Regulation Round-table
Follow-up study on SR practices in DG SANCO
policy areas
Conclusions
2/20
Self-regulation in the advertising
sector : the EU framework
Better Regulation context: a role for
effective Self-regulation
New Audiovisual Media Services
Directive (AVMSD): support for self- and
co-regulation
The Round-Table on Advertising Round
table in 2006 – best
practice/effectiveness
SR is part of our approach on complex
public health issues (i.e. obesity, alcohol)
3/20
Demands for responsible marketing –
the example of alcohol
Question: To what extent do you agree or disagree with the
following? Alcohol advertising targeting young people
should be banned in all EU Member States
Source: Eurobarometer, Attitudes towards alcohol, March 2007
4/20
The Advertising SelfRegulation Round-table
report
5/20
The Round Table on EU Advertising SelfRegulation
Focused objectives –
ad’hoc
Manageable size
-Informing: structured
debate around experiences
of Self Regulation (SR) in
advertising
-all concerned parties
involved (EASA,
SROs, relevant EU
industry associations,
BEUC, other DGs)
-Analysing: the key
determinants of SR
effectiveness ….a first step
towards a Best Practice
model
-but remained limited
in number (20)
Advertising
Round Table
Report
published July 2006
Follow-up
study on SANCO
6/20
SR practices
Main conclusions of the Round
Table
Self-regulation is not an alternative to
law. On the contrary it works best within
a clear legal framework that allows nonlegislative approaches but also backs
them up.
Self-regulation needs to be trusted in
order to be effective, and in order to be
trusted it has to be participative.
7/20
Best Practice model for effective
Self-regulation
Effectiveness
Independence
Coverage
Funding
8/20
Effectiveness
Copy advice:
 The Self-Regulatory Organisations should offer the
provision of copy advice ideally be provided free of
charge
Complaints:
 The SRO should establish and publish both performance
objectives year by year and records of their performance
against those benchmarks.
 It should be easy to find through which channel to
complain.
 There should be a standard for the speed with which
complaints are handled.
9/20
Effectiveness
Publications:
 There should be a systematic duty to publish
decisions
Training/internal compliance:
 SROs could recommend to the Advertising industry
for its agreement and action, minimum standards for
training of new recruited young advertising staff and
for the design of internal compliance processes
10/20
Effectiveness
Sanctions:
 For non-compliance with codes, for repeat offences and
for consistently ignoring codes or adjudications, sanctions
should be clear and effective.
 The minimum sanction should be timely withdrawal of
advertising copy. This should apply, not only in the
jurisdiction of the adjudication but throughout the
business concerned.
 The collaboration of the media as a whole on backing
the decisions of the SRO is an important element to
enforcing the sanctions. The adoption, more generally of
“compliance clauses” in advertising contracts should help
to make sanctions more effective.
11/20
Independence
 The effective contribution of the stakeholders (consumers,
parent associations, academics etc) to the elaboration of codes
deserves reinforced attention by SRO’s.
 Monitoring should include indicators designed to verify the
stakeholders’ involvement.
 Adjudication bodies should be composed of a substantial
proportion of independent persons selected on the basis of
calls for expressions of interest, and appointed by the Board.
 All Adjudication body Members should be subject to rules on
the avoidance of conflict of interests and on the declaration of
interests.
 A Jury is fundamental in guaranteeing the independence of the
process. Composition, nomination process, independence and
integrity of its members are the key determinants for the
12/20
credibility of the system.
Coverage
 Advertising SR’s today in Europe aim to cover not only pure
advertising but a global coverage for all type of other forms
of “Commercial” or “marketing communication” like the new
emerging trends for “buzz marketing” and “word of mouth”.
 The SROs should keep under review any trend to significantly
increase the proportion of ‘ad spend’ that escapes SR.
 On both the European and national level considerable effort has
been put into providing basic legal requirements, specifically for
direct and interactive marketing.
 SROs must commit to keeping abreast of emerging
techniques, to discussing with all stakeholders any concerns
raised by these techniques, and to deciding promptly either to
deal with these concerns or to alert the public authorities that
they would need to develop an alternative approach.
13/20
The EASA commitments
14/20
Follow-up study on SelfRegulation Practices in SANCO
Policy Areas (EIM - 2008)
15/20
Key aspects of effectiveness I
Legal base and government involvement
Need for a clear legislative framework, with enough
room for private parties
Governments can stimulate, cooperate and approve
Commitment
Private parties need to have an interest
Commitment to be formalised by subscribing
Funds to develop and maintain the scheme
Monitoring and compliance
Monitoring provides information on effectiveness
Complaint handling and sanctions can contribute to
compliance
16/20
Key aspects of effectiveness II
Organisation
Development and maintenance of the schemes
needs a strong organisation
Organisation should cover a substantial part of the
sector
Organisation should co-operate with stakeholders
Participation and involvement of independent
parties
Interested parties need to be involved in code
drafting, in complaint handling and in monitoring
Information towards consumers to foster consumer
awareness
Adaptation/flexibility
Schemes need to be revised or updated regularly
17/20
Challenges ahead for advertising
self-regulation in Europe
Continue to improve trust and
transparency in SR systems
(participation of independent players)
Continue to improve coverage (new
media)
Commitment of all players
18/20
Conclusions
SR process important, need to be
framed and taken seriously
Societal challenge: Can SR respond
pro-actively to the aspirations of a
Safer, Healthier and more Confident
society?
19/20
Thank You
20/20