advertising: legal, ethical and economic aspects

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ADVERTISING: Legal, Ethical and Economic Aspects

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Page 1: ADVERTISING: Legal, Ethical and Economic Aspects

ADVERTISING:

Legal, Ethical and

Economic Aspects

Page 2: ADVERTISING: Legal, Ethical and Economic Aspects

LAWS AND ETHICS

Two forms of oversight are:

ETHICAL

What we SHOULD do

LEGAL

What the law allows

Ethics are usually the higher standard

Violations of ethical principles results in laws

Page 3: ADVERTISING: Legal, Ethical and Economic Aspects

DEONTOLOGY - Gk. deon - obligation

•Focus is on the means

•Kant’s categorical imperative

“Do unto others”

equity, justice, fairness

Catholicism and Judaism

Concern about the least able

Ethical Perspectives

Page 4: ADVERTISING: Legal, Ethical and Economic Aspects

Ethical Perspectives

TELEOLOGY -- Gk. telos - end

•Focus is on the ends

•Utilitarianism

The greatest good for the greatest number

Cost - Benefit analysis

The “Protestant Ethic”

“Caveat emptor”

Page 5: ADVERTISING: Legal, Ethical and Economic Aspects

• Let’s use two distinct names for “ethical”:

– MORAL

• the means are good

OR

– JUSTIFIABLE

• the ends justify the means

Ethical Perspectives

Page 6: ADVERTISING: Legal, Ethical and Economic Aspects

Avenues for Oversight

•GOVERNMENT REGULATION:

•[pass and enforce laws]

•SELF-REGULATON:

•Independent bodies [set standards]

•Media companies [to accept ads]

•OTHER:

•Buyer Recourse [“caveat emptor”]

Page 7: ADVERTISING: Legal, Ethical and Economic Aspects

Government Regulation

Federal laws Canadian Radio-Television Comm. (CRTC)

Advertising limits, Infomercials, 900 numbers

Alcohol, Tobacco and Drugs

Provincial laws Alcohol Regulations Credit and Loan Disclosures Unfair Trade Practices Act

Page 8: ADVERTISING: Legal, Ethical and Economic Aspects

Self-Regulation:

CANADIAN CODE OF ADVERTISING STANDARDS

• Accuracy and clarity

• “Disguised advertising”

• Deceptive price claims

• Bait and switch

• Guarantees and warranties

• Honest testimonials

• Imitation

• Taste and decency

Page 9: ADVERTISING: Legal, Ethical and Economic Aspects

Advertising Standards Canada

146 Upheld

177 To Council

1210 Code issues1809 Complaints

(1153 ads)

2011 Complaints

Page 10: ADVERTISING: Legal, Ethical and Economic Aspects
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Page 15: ADVERTISING: Legal, Ethical and Economic Aspects
Page 16: ADVERTISING: Legal, Ethical and Economic Aspects

Leo Burnett

ECONOMIC EFECTS OF ADVERTISING

“To me it means that if we believe to any degree whatsoever in the economic system under which we live,

in a high standard of living and in high employment, advertising is the most efficient known way of moving goods in practically every product class.”

Page 17: ADVERTISING: Legal, Ethical and Economic Aspects

“Advertising, of course, makes

possible our unparalleled variety

of magazines, newspapers,

business publications, and radio

and television stations.”

Leo Burnett

Page 18: ADVERTISING: Legal, Ethical and Economic Aspects

“It must be said that without advertising we would have a far different nation, and one that would be much the poorer-not merely in material commodities, but in the life of the spirit.”

Leo Burnett

Excerpts from a speech given April 20,1967 at the American Association of Advertising Agencies’ 50th anniversary

Page 19: ADVERTISING: Legal, Ethical and Economic Aspects

Quote of the day

If you tell lies about a product you will be

found out – either by the government,

which will prosecute you, or by the

consumer, who will punish you by not

buying your product a second time.

• David Ogilvy

(Ogilvy & Mather)