ADVERTISING LEGISLATION

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ADVERTISING LEGISLATION
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External Threats USA UK
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• USA
• Senator Hillary Clinton
• NARC (National Advertising Review Council)
• CARU (Childrens Advertising Review Unit)

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• USA
• Current regulations are over 30 years old
• Consumer watchdogs
• Fat is the new smoking
• The Federal Trade Commission has to report to
  congress by July 1st

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• UK
• OFCOM

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• OFCOM
• HFSS food advertising banned to children under
  9
• Timing restrictions on all food and drink
  advertising
• None allowed in programmes made specifically
  for children

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• OFCOM
• Limit of 30 seconds per hour for food
  advertising - 15.00 18.00 Weekdays - 06.00
  13.00 Weekends

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• OFCOM
• Limit of 60 seconds per hour for food
  advertising - 18.00 20.00 Weekdays - 13.00
  20.00 Weekends
• 30 second per hour limit at all times on
  childrens channels

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• OFCOM
• Rejected the two extreme options
• Banning all HFSS food advertising until after 9
  pm
• Leaving the issue entirely to self regulation
• Final outcomes will be effective from January
  2007

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• European Union
• Draft Audio-Visual Media Services Directive
• To replace Television Without Frontiers
  Directive

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• Media Services Directive
• Extention of scope and fuzzy definitions
• Minimum rules for internet based services and
  commercial communications
• A weaker country of origin principle
• Recognition and rules for product placement
• An opportunity for self-regulation with a legal
  backdrop

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• Media Services Directive
• Change in rules for commercial breaks
• Protection of minors and children

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• EU Parliament
• Opposition to COO principle
• Opposition to co-regulation - not transparent
  enough - not effective enough
• Protection of minors - ban on food ads
  (obesity) - ban on alcohol ads (binge drinking)
  - ban on all ads (commercialism)

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• EU Parliament
• Product Placement - Opposition from MEPs and
  consumer NGOs

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• Broadcasting Commission of Ireland
• Childrens code review
• Implementation only
• Broadcasters and industry claim total compliance
• No complaints upheld by the Broadcasting
  Complaints Commission (BCC)

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• BCI Childrens Code Perceived Effects
• Revenue shift from terrestrial to opt-outs
• Shift of revenue from childrens time to peak is
  causing inflation

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• BCI Childrens Code AAI / IAPI Proposals
• Balanced diet add where appropriate
• Recognise new products
• Fast Food Consume as part of a healthy and
  balanced diet
• Celebrities/Sports Stars OK when promoting a
  healthy balanced lifestyle

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• BCI Childrens Code AAI / IAPI Proposals
• Teeth Keep your teeth healthy by brushing
  regularly

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• BCI General Code
• No section on diet and nutrition
• Strong submission on recognising self and
  co-regulation - Department of Health
  (Alcohol) - Department of Finance (IFSRA) -
  Department of Health (IPHA) - Department of
  Enterprise (ASAI)

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• BCI General Code
• Extention of Central Copy Clearance Ireland
  (CCCI)
• Recognition of new EU Directive
• Broad Principle Light Touch

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• The Future
• Advertising must concede that it does have an
  effect
• Put that effect in context
• Admit all relevant stakeholders to the
  self-regulatory debate
• Work towards co-regulation
• Gain credibility with Government and consumers

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