Transcript EASA Best Practice - Съюз на пивоварите в България

РАЗВИТИЕ
НА САМОРЕГУЛАЦИЯТА В СТРАНИТЕ
ОТ ЕВРОПЕЙСКИЯ СЪЮЗ
МОНИКА КОРКОШОВА, ИЗП. ДИРЕКТОР НА ОРГАНИЗАЦИЯТА ЗА
САМОРЕГУЛАЦИЯ НА СЛОВАКИЯ
EASA
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– The European Alliance for advertising self-regulation
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EASA – The Single Ad SR voice since 1992
Promoting responsible advertising through best practice in
self-regulation
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50/50 balance SROs/associations
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SR (practitioners) committee - BP, Data, operation
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TaskForces: Sustainability, Statistics
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Media committee – Digital Mark. Comms
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Coordination with industry sectors: Alcohol, Food
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Workshops: Monitoring, Operational (copy advice)
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Not SRO but Alliance of SROs/SR supporters
EASA promotes responsible advertising
through best practice in self-regulation
• 33 SROs in 31 countries
• 26 from 24 European members
• 7 corresponding members
(AUS, BRA, CAN, CHL, IND, NZ, SA)
• 16 industry organisations
• Advertisers
• Agencies
• Media
• Others
What is self-regulation?
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Industry polices itself
to make sure ads are legal, honest, truthful and decent
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Accepted standards & rules
‘professional diligence’
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National Self-Regulatory bodies (SROs) apply rules
RPR/Rada pre reklamu
The SASC/The Slovak Advertising Standards
Council
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was founded on the 3rd of March 1995
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goal: with the help of EASA and its current 37 members (i. e.
advertisers, advertising agencies, media) to pursue and maintain the
highest standard of advertising ethics possible
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basics of ethics: Ethical Code
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administration: Plenary Assembly, President, Presidium
supervises, Control Commision, Complain Comitee, Executive
Director
What is a Self-Regulatory Organisation (SRO)?
‘Advertising Watchdog’
Independent body, guardian of the code
Funded by industry
REACTIVE:
Handles consumer & competitor complaints
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Issues sanctions (modify or withdrawal)
PROACTIVE:
(EASA Best Practice)
Advice, training and awareness
Monitoring compliance with the codes
Benchmarking
Advertising Complaints handling in Europe
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SROs in Europe deal with +/- 50 000 complaints every year
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Represents less than 0.1% of total number of ads circulating
Advantages of complaint handling through SROs
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Quick – complaints usually handled within 3-30 working days
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Flexible - Technological and Societal change
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Cheap & Accessible – Consumer doesn’t pay & accessible on/offline
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Reversal of burden of proof – Companies must prove innocence
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Industry listens to SRO rulings -> effective sanctions adverse publicity
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Effective Sanctions: modification or withdrawal with media gatekeeper
Most advertising codes are based on the
Consolidated ICC Code of Advertising and
Marketing Communication Practice
SCOPE: extends rules to all marketing
communications and new media
“…marketing communications should be
interpreted broadly to mean any form of
commercial produced directly by or on behalf
of marketers intended primarily to promote
products…”
www.iccwbo.org
Different forms of SR across Europe
Types of SR systems across Europe
1.
Scandinavian model: SR within an Ombudsman
environment
2.
Main European model: SR/legislation balance
3.
Anglo-Saxon model: SR within a light legislative
framework
Basic characteristics of most SROs
 Structure
SR
systems components (1/2)
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Board of directors
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Jury
Funding
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Levy system
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Membership fees
Code ownership
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Industry owned code
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mixed
Basic activities of most SROs
 Main
activities
SR
systems
components (2/2)
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Copy advice/preclearance
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Monitoring
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Complaints handling
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Appeals
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Sanctions
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Other activities
Where self-regulation fits in
Ad Preparation
Idea
Review
Company review / Codes
SRO Copy Advice
Final copy
Unacceptable ads
modified or rejected
Feedback
Publication of decision
Complaint
Education, monitoring and training
Copy Advice example
BEFORE
COPY ADVICE
AFTER
COPY ADVICE
EASA developed Best Practice Model to support
further SRO development
EASA Best Practice Recommendations
• Offer support and advice to SROs & industry
• Stimulate and assist national discussions on the
development of self-regulation according to the BPR
model
• BPRs are not formally binding: implementation is the
result of negotiations between SRO members at national
level
within the context of the existing (self) regulatory
framework
Promoting effective self-regulation?
June 2004 summit: EASA members sign the
EASA Advertising Self-Regulatory Charter
sets 10 best practice principles
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Geographical coverage
Media coverage
Funding
Codes
Consultation
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Administration
Complaint handling
Advice
Sanctions
Consumer awareness
Follow up on charter commitments
EASA Charter/Commitments & EU Ad Roundtable
Feb 2005: ‘EASA white paper’ to Commissioner Kyprianou
=>EASA to report on EU-25 implementation by end 2007
EASA « Get fit programme » to meet SR targets
DG Sanco Advertising Roundtable discussions
organised on basis of EASA Charter:
DGs Sanco & InfSo, SecGen, Industry, EASA & NGOs
EU Advertising Round Table Report
“The Round Table agreed on a best practice model, […] which
coincides with the essential thrust of recently adopted EASA
best practice”
“I am confident that self-regulation will be given the full weight
in society’s choices among the menu of regulatory options.”
Robert Madelin, Chair of EU Advertising Round Table
European Commission sees future for SR,
also for DMCs
Commissioner Reding (ISFE expert conference, 2007)
“As demonstrated by a specific new provision in the audiovisual
media services directive, the Commission is a strong supporter of
co- and self-regulation regimes that are broadly accepted by
stakeholders and provide for effective enforcement.”
Commissioner Kuneva (Roundtable on Digital Issues, 2008):
“We are also witnessing a worrying trend in the blurring of
commercial and non-commercial communication. It is not always
clear online when a published item is commercially sponsored.
[…] These developments are bound to challenge legislation and
the self-regulatory systems that mostly control advertisement
activities.”
Impact of legislation on SR across Europe
Regulation and Self-regulation
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Audiovisual Media Services directive Art. 3.3
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Member States shall encourage co- and/or self-regulatory
regimes at national level in the fields coordinated by this
Directive to the extent permitted by their legal
systems.These regimes shall be such that they are broadly
accepted by the main stakeholders in the Member States
concerned and provide for effective enforcement.
Requirements in AMS which are also in
line with SR codes
Basic
set of
rules
Audiovisual
communications
must not:
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Prejudice respect for human dignity
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Include any discrimination on grounds of race, sex or
nationality
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Be offensive to religious or political beliefs
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Encourage behavior prejudicial to health or to safety
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Encourage behavior contrary to protection of the
environment
Unfair Commercial Practices Directive
(check impl. Status in Slovakia)
Unfair Commercial Practices (UCP) Directive implementation
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Designed to increase overall consumer
protection
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Advertising codes will be adjusted
accordingly
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Enhanced information requirements re.
pricing offers,
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Substantiation of proof, omission of
facts
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Emphasis on the ‘average consumer’
Stuff on CEE working group
The obligatory ‘hot topics’ slide
Advertising in the spotlight – legislative threats and media interest
Gender stereotyping
Taste and Decency
Misleadingness
Alcohol advertising
Food advertising
Advertising to children
Green advertising
Virals/spoofs
Integrated campaigns
Future of SR: EASA Best Practice
Recommendation on Digital Marketing
Communications
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Guidance regarding SR application to digital marketing
communications
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Clarification of a Best Practice approach
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Basis for SRO & industry agreement on approach best
suited to local circumstances ensuring consistency of
remit & application throughout Europe
Overall approach – Main points
• No need for new code
• Need for clarification of remit
• ICC code/definitions & national codes apply to
all forms of marketing communications, including digital
• SR application limited: not everything on a website
is promotional
• Listing of specific elements covered and excluded by SR
• Baseline for a common approach: Member States, sectors
and companies may go beyond
Definition of DMCs as depicted in
the ICC Consolidated Code
www.iccwbo.org
What will be in SR remit….
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Text ads
Paid Search
Online ‘public’ classified ads
Display ads (moving & non-moving)
Marketer-created or endorsed User
Generated Content (UGC)
Online in-game ads
MMS/SMS ads
Video Outdoor
DVD/CD-Rom
… non-exhaustive list
What will be out of SR remit…
Exhaustive list:
• Editorial content incl independent
reviews on websites
• Corporate reports
• Genuine User Generated Content
(non-endorsed/non-marketer created)
• Techniques generally prohibited by law
(spyware, malware)