case study in business ethics
TRANSCRIPT
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right to buy and refuses to buy whaAltS i2 .b .I i'g ~ ,b ' . ' ! . - , ~M~an~:r:~re Goods and se~ces produced toproducts manufactured through child labour. market.
Greed Excessive and inordinate desire to possess Punishment Award of due monetary penalty
personal riches and comforts. or corporeal detainment in prison, or both, for
Guilt Psychological feeling of one's offence; the offences committed against the law; moral
charging one with legal offence. punishments are imposed through social strictures,stigma, and ostracising the wrong doer.
Informed consumer A customer with adequateinformation before making a choice. Redress Making amends or reparation for the
wrong or harm done.Legal business Business matters that come under
the purview of the law. Stakeholder One who has the responSibility tosafeguard another's interests.
1. Why is the consumer also known as a stake-
holder?
2. What are the alternative descriptions of a
manufacturer?
3. How can a manufacturer perform ethically
without undermining the financial returns?
1. How legitimate is the concept of stakeholders
in business management?
2. How can you ethically relate production and
consumption, and demand and supply, in a
consumerist society?
port with a sc~
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BernIJach and the Soft-Se U Revolu tion
The truth isn't the truth until people believe you, and
they can't believe you if they don't know what you're
saying, and they can't know what you're saying if theydon't listen toyou, and they won't listen to you ifyou 're
not interesting, and you won't be interesting unlessyou
say things imaginatively, originally, freshly.
1hIth Advertising
The most powerful element in advertising is the truth.
Ad 1. For Volkswagen Beetle: There in the wide,
wide expanse of space rests a small beetle. Caption:
Think small.
This ad is completely in contradiction to the
American dream, where everything big is beauti-
ful. Bembach presented a product that emphasized
the fact that small was not only beautiful and un-
obtrusive, but also appealed to the common sense
to live within one's means. It presented both a smart
and intelligent choice. The car sales shot up by
28 per cent!
Ad 2. There is a picture of a small tray at the back
of an aircraft's seat, which shows a plateful of sump-
tuous food that is ensconced with two pairs of cut-
lery, a coffee cup, a tea cup, a glass of sherry, and
two beautiful glasses ofred and white wine, a dessert,
crusted bakes and even salt dispensers. On top it
reads: 'Loosen your seat belt'; beneath the picture
the caption reads: 'American Airlines to New
York,.a It is a perfect appeal to one's heart through
the stomach, as the adage goes. Its literary mean-
ing is the common sign on the aircraft to fasten or
unfasten the seat belt. The derived meaning of the
ad is to loosen one's belt in order to enjoy all the
goodies that the airline is offering. What would be
more tempting than to eat such sumptuous offerings
till you reach New York from any part of the world?
Ad 3. Face the Goliath of a market leader with a
diminutive David attitude: When you're only
No.2, you try harder.
People are actually sick of the barrage of ads
that claim to be the best and number one in what
they offer. Is there an honest service provider who
says that what is offered is not yet the best, but is
trying harder to be the best? It is a sincere appeal
about one's imperfection. People accept it uncon-
ditionally, since everyone agrees that no one jis
perfect. However, when people see the effort they
readily accept and lend their goodwill.
Analysis Ad 1characterizes a profound thought
defined in a simple manner. Ad 2 declares that food
is more basic than the mode of transport. This isalso food for thought. Ad 3 depicts the nature of
man as striving for perfection, and has the appeal
of more adventure than the one in which one has
already reached the summit.
Our l it t
A dOZEmore.
T he g L
goes.
N obo d
In fact,
e ve n ttN o r de
quarts
Theyc
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Our l it t le car is no longer a novelty.
A dozen col lege k ids don ' t t ry to squeeze in to i t anymore.
The guy at the gas s tat ion does not ask where the gas
goes.
Nobody even s tares at i ts hour-glass shape.
In fact, some of the people who drive our l it t le car don'teven think of 32 m iles to the ga llon as 'going great g uns'.
Nor do they think of using five p ints of oil instead of f ivequarts.
They don ' t th ink of needing a n ant i -f reeze.
Nei ther do they hes i tate rack ing up 40,000 mi les on aset of tyres.
That i s because once they ge t used to some o f the
economics , they don 't even th ink abou t such th ingsanymore.
The y a re happy t ha t t hey c an s qu ee z e i nto a s ma l lpark ing spot .
Or renew their sm al l insurance.
Or pay a smal l repair b i l l .
Or t rade their o ld VW for a new one.
Think it over. a
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The ads are ethically ennobling and are closeto the nature of human thought and everyday life.
They reflect life in a positive way. One can see
Bernbach the philosopher and humorist behind
the ads. The ads succeed in giving a perspective.
The customer is pleasantly led to think about where
to participate and be a part of what is proposed.
Even if one were not to buy the products adver-
tised, one would love to describe what is commu-
nicated in the advertisement as though one were
relating a story. The ad has suddenly become the
talk of the people. This, in other words, has become
advertisement by word of mouth, the most power-
ful method of advertisement in the world.
Bernback believed that 'a great ad campaign
will make a bad product fail faster. It will get more
people to know it's bad.' Hence, truthfulness about
the product is the essence of advertising. The rest,
that is, the communication can be taken care of
through art and creativity.
Communication Is Advertising
Adverti sing doesn't crea te a product advanta ge. It can
onZvconvey it.
Bernbach saw his role of a copywriter strictly
as a product communicator. He was careful, despite
his fame, not to make advertisement as a product
in itself. In other words, he explained that people
would buy a product or service not because of the
advertisement but because of the desirability of
the product itself. The advertisement's role is to
communicate effectively the desirability of the
product. The American Airlines ad was a treat to
the eyes. It communicated to the customer that as
far as air travel was concerned, he could trust the
company and enjoy a wonderful and wholesome
meal; the customer could relax and forget all wor-
ries, whatever they might be.
As the 1950s dawned, the advertising industrysaw a turning point. Till now the advertisers had
adopted a cognitive approach. Bernbach realized
that communication is possible at a deeper level
through emotions. He was not alone. Leo Burnett
and David Ogilvy, who are known as equally big
visionaries of the art of advertisement, were his
contemporaries.
Just as good literature, drama, and music com-
municate with the people, so too can advertisement
create such masterpieces that people win rememberthem always. He said, 'Advertising isn't a science.
It's persuasion. And persuasion is an art.'
Substance in Advertising
Forget words like 'hard sell' and 'soft sell'. That will
only confUseyou.]ust be sure your advertiring is saying
something with substance, something that will inform
and serve the consumer, and be sureyou're saying it like
it's never been said beftre.
Perhaps this is easier said than done. The sub-
stance is the truth about the product, and art is the
way you put it across to the public. The crux of the
matter is to give the customer that which will infonn
and serve. The Volkswagen ad had both informa-
tion as well as the substance of information to serve
the customer: provoked the customer to think
small. The metaphor of small, the car, had indeed
very big thoughts on savings, from fuel and oil to
mileage and small workshop bills. The big cars,
on the contrary, were a big resource drain and
pointed towards small thinking.just a gentle com-
mand at the end, 'Think it over', made people re-
ally stop for a while and re-think. There was so
much food for thought in Bernbach's ads that it
is not surprising they became classic examples in
advertising.
When the substance lacks and the copy is with-
out the truth, gimmick follows. Bernback advo-
cated, 'No matter how skilful you are, you can't
invent a product advantage that doesn't exist. And
if you do, and it's just a gimmick. It's going to fall
arart anyway.'
Advertising Philosophy
Bembach was a student of philosophy and he
leaned completely on the intuitive nature of man.
Observation of human nature and the study of
human motivation interested him. He deeplydelved in the subject of human emotions, wants,
needs, and desires. He cared to understand love,
hate, greed, jealousy, etc. and centred his work less
on rational analysis and more on the emotional
aspect of man.
This genuine interest was expressed in his ads,
which were simple, intelligent, appealing, and
fresh. People at once realized the inner power that
expressed itself in the details. He used plain
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nat tvill
g is sayil'T . ng
oll lnfirm
ing it like
The sUb-
art is the
ux of the
llinfonnnfonna_
to serve
o think
indeedd oil to
g cars'
m and
e Com-
ple re-
was so
lliat it
les in
willi-
advo-
can't
Ando fall
d heman.
yof
ply
nts,
ve,
ess
nal
ds,
nd
at
in
es, taking care of every bit of its detailing,
.cularIy the shades and the shadows. The
uct, not tlle advertising, was tlle centre of his
k. The Avis Car Rental ad quite simply
resses the truth about the standing of the
:pany in words as well as in tlle image of a hand
wing two fingers, stating tllat the company is
ber two in tlle business of car rentals but is
. g to be tlle best. The ad was a phenomenal
cess because it stood tlle probe of tlle American
yche that always supported tlle underdog, a
ghter who is not first but is fighting wholeheartedly
'be number one.
fessional Ethics
.Bembach was a professional to tlle core. True to
:'Jewish traditions, duty was his first virtue. His duty
. to his profession was total, and so was his commit-
ment to his family. He would be at work during
the stipulated working hours. The rest of tlle time
was meant for his family. He did his work at his
officeand did not take work home. He insisted tllat
he is a family man and loved his family. At work,
he loved his job. He did perfect justice to his work
and his legacy stands testimony to it. He retired
as per the regulations, at tlle age of sixty-five.
The company was handed over to professional
managers.
He had a clear idea of tlle world he lived in.
He said, 'In tllis very real world, good doesn't drive
out evil. Evil doesn't drive out good. But the ener-
getic displaces tlle passive.' Good and evil are tlle
forces in ilie world; iliey exist because we do. Doing
our duty witll energy and devotion is more impor-
tant. He advocated tllat our actions must exude
goodness. All his work succeeded in doing just tI1is.
The fundamental eiliical principle tllat he set for
himself was, 'Let us prove to tlle world tllat good
taste, good art, and good writing can be good seIl-
ing.' All of Bernbach's ads are witness to this
thought.
Bembach was highly sensitive to social issues.
He used to be a speech writer for various politicalleaders, and later became an advisor to many busi-
nesses and political leaders. He understood the
need for social responsibility. He said it very suc-
cinctly, 'All of us who professionally use ilie mass
media are tlle shapers of society. We can vulgarize
tllat society. We can brutalize it. Or we can help
lift it onto a higher level.'
Bembach's etllical philosophy consisted of tlle
following tenets:
(a) Perform your duty with heart and soul. .
(b) Let good taste, good art, and good writing be
your motto.
(c) Be intuitive.
(d) Be responsible to society.
(e) Look after tlle family.
Exemplary Life
William Bernbach was born on 13 August 1911 inNew York, to aJewish family. He graduated from
the New York University and worked as a clerk in
a company called Schenley. In his free time, he
created some advertising concepts. The chairman
of tlle company noticed his talent and he was hired
by tlle same company as tlleir adman. He joined
Grey Advertising Company in 1945, after he had
done his duty in World War II. He moved with his
colleagues Ned Doyle and Mac Dane and formed
tlle ad agency Doyle Dane Bembach (DDB) in
1949 and ran it successfully. The company had a
meteoric rise witll classic ads, such as Levy's Bread
wiili Indian children, tlle 'tom ocean', a non-stopflight for tlle Israeli airliner EI AI, tlle Volkswagen
ad, tlle Avis ad, etc. The company of the three col-
leagues remained successful until it went public
in 1960. In tlle 1970s, the competition was eating
into tlle clients of DDB and as tlle 1980s dawned
DDB lost all its good and faithful clients. Bembach
resigned as president and the corporation was
taken over by professional management. b Bembach
had earned for himself tlle name of 'Poster Boy of
Advertisement'. There were innumerable awards
showered on him and he figured in ilie Copywriters'
Hall of Fame. His advice was much sought after
by businesses, as well as political establishments.He served on tlle boards of several public and
private organizations.
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Bernbach did not live to see further turmoil in
his company, as he died in 1982. David Ogilvy,one of the most successful contemporaries of
Bernbach gave testimony to his life, 'He was a phi-
losopher. He lived without ostentation, and orga-
nized his time with a self-discipline that is rare
among heads of agencies. He once told me that he
never stayed in the office ~r five, never took work
horne, and never worked at weekends. "You see,
David, I love my family."'
Discussion Questions
1. What are the qualifications required for an
advertising professional?
2. What are the attitudes that a career advertisermust possess?
3. Bernbach was born during the economic de-
pression and started his career in advertising
after World War II. He became a successful
copywriter and visionary of images for prod-
ucts and services. What role does one's personal
life and ideals play in one's professional career?
4. How should an advertiser evaluate the ethical
values of the society he lives in?
5. What is the decision-making process involved
while creating an ad?
6. What is your opinion on socially, sexually,religiously, and racially provocative ads?
7. Should ads that are explicitly homosexually
oriented be permitted?
8. How is the nudity shown in the ads, viewed in
different cultures?
9. In this Internet and globally interactive a"ec'
do cultural differences in advertising matter?
10. If you are the minister for mass media, how
would you regulate advertising in India?
Going Further
A. Choose one of Bembach's ads:
Have a panel discussion with a group of not
more than six persons.
Let each person in the panel represent a
. different culture and country.
B. Choose an ad of your liking:Follow the two steps as mentioned above.
C. Create an ad:
Discuss inputs.
Decide what goes in the ad.
Give reasons.
Anticipate cultural and legal problems.
Discuss ethical principles.
D. Make the ad:
Send it for evaluation to an ad agency and
get its reaction, e.g., Advertising Agencies
Association of India (AAAI).
1. Axis(Qui
Per~
Adr
nati,'ii,"; .>"t"y"",,,,,,,,
International Labour 01_ an , "'1!fjftatir; at UTark: 'Rlckling the Challenges, Report of the Director_General, Geneva (2007); http://www.ilo.org/wcmsp5/ groups/public/-dgreports/ -dcomm/-webdev /
documents/publication/wcms_ 082607.pdf.
Vishaka
Benchmarking Behaviour
While a murderer tk.stroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female.
-Justice Pasayclt
Transgression
Child marriages and multiple marriages are
rampant in the state of Rajasthan. The Government
of Rajasthan has a social programme for the welfare
of children. Under the programme, the govern-
ment has focused its objective to prevent child
marriages. Child marriages and multiple marriages
are against the law, and the government is deter-
mined to enforce this programme. It has appointed
social workers to run it. The social worker, who is
invariably a woman, is known as salkin. Bhanwari
Devi was one such sathin.
Ramkaran Gujjar's daughter was not even one
year old when they got her married. Bhanwari
Devia tried to stop it, but the marriage was carried
out despite her best efforts. The Gujjar commu-
nity was very unhappy with her. They started ha-
rassing her and ostracized her. In September 1992,
Ramkaran Gujjar, along with four other men, gang
raped her in front of her husband.
Insult to Injury
Bhanwari needed medical examination as evidence
to prove the crime. She went to the Primary Health
Centre, where the only doctor on duty, who hap-
pened to be a male, refused to examine her. Then
she went to Jaipur, where the doctor did nothing
else but merely confirmed her age. There was no
mention of any rape in the medical report. At
the police station, she was taunted by the police
constables. Finally, the case was heard. The tricJ
court acquitted the five accused.
Strength o/the Spirit
This was the beginning and not the end of
Bhanwari Devi's suffering. Unlike other women
who have been snubbed in the dust never to be
heard of again, Bhanwari Devi is made up of a dif
ferent mettle. She waged her battle by taking the
help of the law of the land.
Her colleagues, the other sathins, were amazed
by the strength of her spirit. She told them that she
would fight for justice. She told them that she haddone nothing to be ashamed of. It is those men
who raped her, who had done wrong and who
should be ashamed. This resolution in Bhanwari
Devi ignited a spark not only in the women of the
state but across the country. Like-minded non-gov-
ernmental agencies and social workers came to-
gether to form Vishaka.
Vishaka
Vishaka launched a systematic campaign and the
case reached the high court. In December 1993,
the court gave its verdict, 'It was a gang rap~
committed out of revenge.' Emboldened by the
judgment, Vishaka broadened its scope. It
approached the Supreme Court of India to give
directions regarding sexual harassment that women
face at the workplace.
The Supreme Court accepted that sexu~
harassment in the workplace violated women s
equality r
to provic
sexual ha
the law of
Article 14
legislaturl
On1
Indiagav
Part II
Benchma
The folIo
given by
Title ,Rajasthar
SC 3011,
(1997) 2 (
Bench .
Justices 1\
Jurisdict
Date of,
Utigatio
gang rap
in a villal
employrr
were var
tal organ
such an a
to find Sl
true COll(
for worn,
rassment
ing the jl
Indian C
establish
relating t
in parti