Welcome to the 3rd CopyClear Seminar

Croke Park11 November 2015

Introduction

• Established in 2003 as an initiative of AAI, IAPI and the drinks industry.

• We provide a pre-publication vetting service for the advertising of alcohol brands

• A positive response to concerns around the content of some advertising and it’s potential appeal to children (under 18’s)

• January 2013: ASAI expanded the remit of its code to include all on-line marketing activations

Funding

• CopyClear is funded fully by the Drinks Industry

• Funding is on a pro-rata basis; i.e. the number of submissions per brand, per year

What’s Our Mission ?

• To enable you get your work into campaign in a way that is compliant with the codes

What’s Our Mission ?

• To enable you get your work into campaign in a way that is compliant with the codes

through

• Clear, swift, precise and objective feedback

The Codes

• ASAI Code• BAI General Advertising Code• BAI General Advertising Notes• AMCMB• MEAS

The scope of our remit

• We look at consumer marketing communications - across all media - for drinks’ brand activations in the Republic of Ireland

• Advertising• On/off trade• Social – both owned and paid-for• Sponsorship• Experiential

• If in doubt – submit the material anyway!

What’s outside our Remit?

–Mechanics surrounding promotions and

competitions–Retailer advertising–Packaging–Media placement

Some Numbers

• In 2003, we reviewed 1,972 submissions• In 2014, 6,117 were processed• 311% increase• YTD – CopyClear have reviewed 5,327

submissions• 1,749 of these submissions have been in the

digital space

Our Single minded objective

• Our objective is to ensure that all alcohol consumer brand advertising – across all media channels – complies with both the spirit and the letter of the codes.

Spirit versus Letter

• The letter = the literal meaning of a particular rule of the code

• The spirit = is the intention behind that rule

The CopyClear Team

• Team comprises four Managers– Eoghan Nolan– Joe Clancy – Lynne Tracey– Mags McLoughlin

• All four are ex-advertising and marketing agencies

How do we view the work?

• We try to review all submissions from the perspective of the consumer

– How are they likely to interpret your work?

– What it the likely consumer take-out?

How does the process operate?

• You register with CopyClear.• Upload your files.• We meet Tuesday and Thursday 9.00 – 2.00.• At least 2 Managers on duty during these

days/times. • Material received before 11.00am is reviewed

that day.

How do we respond?

• When work is compliant, we provide Interim or Final Approval, as appropriate

• When work is not compliant, we give precise and speedy feedback with specific reference to where the work does not comply and which aspects of the code are being infringed.

• Work that receives Final Approval is allocated a Clearance Number.

Clearance Numbers

• Clearance numbers normally have a shelf life of 12 months

• All material submitted after January 1st 2016 will be reviewed against the existing (6th edition) ASAI code and the new 7th edition of the code

• This ensures that all material approved during 2016 will have the standard 12 month approval.

• Any material that has been submitted in 2015 will need to be re-submitted in 2016 if it is to run during that calendar year.

Things that delay the process

• No attachment• Wrong level of Approval requested• Incorrect description of media channel.• Multiple submissions• Visuals without copy or vice versa• Supporting Material

Note – We do not provide creative solutions / creative commentary

Remember…..

• Work approved for other markets is not automatically cleared to run in RoI

Appeals Process

• Collaborative and resolution focussed.

• Average of 1-2 appeals in last three years

Finally….

• The process works best when its collaborative

Collaboration

• Engage early and often – preferably at concept stage

• Use the Footnotes available on the CopyClear website

• Observe the spirit as well as the letter of the codes

WHAT ARE THE COPYCLEAR FOOTNOTES?

ASAI 7th Edition

The CopyClear Footnotes

• Drafted to help users of the ASAI understand the intent behind the 7th ASAI Code ...

• & how the new code will be read and understood by the CopyClear Managers

• Developed with the co-operation and approval of the code owners

• Not binding on the ASAI nor its complaints committee

• ‘Primary responsibility for observing the Code rests with advertisers, promoters and direct marketers.’

• With regard to alcohol marketing communications, CopyClear provide an independent and objective approval service to ensure that your marketing communications are compliant with the appropriate codes

• But – we cannot review material you don’t submit

The ASAI Code

• Section 9 specifically refers to Alcoholic Drinks• However, the Managers also refer to the

general code, specifically:– Section 1 – Definition– Section 2 – Scope & Application– Section 3 – General Rules– Section 4 – Misleading Advertising

How are marketing communications viewed?

• 2.4(c) states:• ‘Compliance with the Code is assessed in the

light of a marketing communication’s probable effect when taken as a whole and in context.’

Consumer Take-out

• Useful to understand the intent behind Mar Comms

• CopyClear must ultimately consider the likely consumer take-out

• What is the communication saying about the brand?

• The likely consumer take-out is not always the intended consumer take-out.

SECTION 9 – ALCOHOLIC DRINKSSocial Dimension – 9.5

9.5(a)

• ‘Should not state, depict or imply that the presence or consumption of alcohol can improve physical performance or personal qualities or capabilities.’– More defined– Requires more stringent application

9.5(a)

• This ‘shift’ may not be in actual behaviour and can be implied in a number of different ways – through – music, – changes in atmosphere,– environment, – Ambience– etc.

9.5(b)

• ‘Should not state, depict or imply that the presence or consumption of alcohol can contribute to social, sporting or business success or distinction or that those who do not drink are less likely to be acceptable or successful than those who do.’

9.5(b)

– A shift in behaviour• Does the character become cooler? More attractive?

More likable?• Shift in ambience?• Does the scenario become cooler? More congenial?

More sophisticated ….?

9.7(a)

• Clearcast– This differs from the BCAP code which Clearcast

apply, which states that ‘Advertisements must not imply that drinking alcohol is a key component of social success …’

– Cause / Effect

9.5(c)

• ‘Should not state, depict or suggest, by word or allusion that the presence or consumption of alcohol can contribute towards sexual success or make the drinker more attractive. Advertisers should take account of public sensitivities regarding coarseness and sexual innuendo in marketing communications for alcohol.’

9.5(c)

– Not about prohibiting ordinary, flirtatious, fun, glamarous behaviour

– It is about behaviours between individuals or groups that are influenced in parallel to presence or consumption• Will look at atmosphere, music, ambience, etc.

9.7(a)

• Clearcast– This differs from the BCAP code which Clearcast

apply, which states ‘Advertisements must not link alcohol with sexual activity ..’

– Cause / Effect

9.5(d)

• ‘Should not portray drinking alcohol as a challenge and should not state, depict or suggest that those who drink are brave, daring or tough.’– Acts of bravery or daring are not precluded,

providing:• Professionals engaged in their ‘everyday’ activity ..

‘brave, daring, tough’• Professionals engaged in their ‘everyday’ activity• Eveyone must be over 25 years

‘Brave, daring, tough’• People engaged in a ‘brave’ activty that is being professionally

managed• Everyone must be over 25 years

9.5(d)

• Challenging, amateur, reckless behaviour not permitted

• There can be no undue risk around or implicit in the activity

‘brave, daring, tough’

• Challenging, amateur, reckless behaviour not permitted

9.5 (d)

– Note - there can be no consumption by the protagonists, even after engaging in the activity

•

9.5(e)

• ‘Should not link in any way the presence or consumption of alcohol to aggressive, unruly, irresponsible or anti-social behaviour.’– Presence or consumption• Prohibits behaviour that is potentially, or by

implication, threatening / aggressive• Atmosphere, music etc. will be considered

Aggressive, anti-social behaviour

SECTION 9 – ALCOHOLIC DRINKSChildren – 9.7

9.7

• ‘Marketing communications should not be directed at children or in any way encourage them to start drinking.’– The ASAI code defines children as anyone under

the age of 18 years

9.7(a)

• ‘Anyone depicted in an alcohol marketing communication should be aged over 25 and should appear to be over 25.’– Anyone depicted in marketing communications for

an alcohol brand must be over the age of 25 years– Brands / Agencies must be able to verify this upon

request– Stock photography – proof of age is mandatory

9.7(a)

• Clearcast– This differs from the BCAP code which Clearcast

apply, which states that (adults) under 25 must ‘not feature in a significant role’.

– Ads that ‘feature families socialising responsibly’ can feature children in ‘incidental roles’

Children – 9.7(a)

• ONE exception:• At over-18’s ticketed events punters can be featured,

provided:• No brand or product is featured or held• No branded clothing, hats, etc.• Cannot appear to be under the influence of alcohol

– These images can only be posted in the context of the specific event and cannot be used in broader marketing communications

– Note – anyone employed by the brand must be over and look over 25 years

9.7(b)

• ‘Aspects of youth culture and treatments that are likely to appeal to children should not be used. Treatments should not portray adolescent, juvenile, childish or immature behaviour.’ – Attitudes, activities & behaviours associated with

an under 18’s market are precluded

‘aspects of youth culture’

9.7(c)

• ‘Marketing communications should not use or refer to identifiable heroes or heroines of the young. See Guidance Note on Alcohol Marketing Communications at www.asai.ie.’– Brands need to consider how they can

convincingly demonstrate why a personality is not a hero of the young.

9.7(c)

• CopyClear Managers will review the following when considering if someone is likely to be deemed a hero of the young, particularly in the area of sport:– Is the sport specifically identified in the ASAI

Guidance Notes?– How long did the personality play at a professional

/ national level?

9.7(c)

• When did the ‘personality’ retire from the sport?– Less than two years retired – likely to be considered a hero

of the young; depending on length of career, current profile, etc.

– Some players likely to be deemed heroes of the young for many years after retirement

• How involved is the personality in the sport currently?• Are they actively involved in punditry / management?• Any other considerations?

9.7(e)• ‘Alcohol marketing communications should not be placed in

media primarily intended for children. Advertisers should take account of the audience’s age profile so that marketing communications are communicated, so far as is possible, to adults. In this context the ASAI will have regard to the Alcohol Marketing, Communication and Sponsorship Codes of Practice, agreed by the Department of Health, the drinks industry, and the media as detailed under Other Requirements at 9.12.’– CopyClear is charged with reviewing content, not placement. – However, if the Managers see material that may not be compliant

with the AMCMB code, we advise the Client and refer it on.

9.7(f)

• ‘Digital media, including apps, that primarily promote an alcohol brand should be age gated through a secure and appropriate Age Verification System.’

9.8(b)

• ‘Marketing communications should not show, imply or encourage immoderate or irresponsible drinking or regular solitary drinking. This applies to the amount of alcohol, the numbers drinking or the way drinking is portrayed. The buying of a large round of drinks should not be depicted or implied.’

9.8(b)

• The Managers will consider the following:– Does the suggested / supposed consumption look

‘natural’?– People proportionate to number of drinks – does

it suggest excess?– Manner of consumption?– Are non-alcoholic drinks featured?– The term ‘round’ is challenging

9.7(a)

• Clearcast– This differs from the BCAP code which Clearcast

apply, which states that ‘buying repeat rounds of alcoholic drinks are not acceptable.’ Ads that ‘feature families socialising responsibly’.

Suggests lack of moderation

9.8(g)

• Marketing communications should not claim that alcohol has therapeutic qualities or that it is a stimulant, a mood-changer or a sedative, or that it is or can be transformative of an individual or a situation or that it is a means of boosting confidence or resolving personal conflict.’

9.8(g) • There can be no suggestion that alcohol can or might be or have

the potential to improve personal ability / performance or might be transformative in any way.

• This could be demonstrated through a shift in:– Environment / Ambience– Attitude– Music– Demeanour– Physical contact– Wardrobe– Atmosphere– Etc.

9.8(h)

• Marketing communications should not depict any direct association with the consumption of alcoholic drinks and activities or locations where drinking alcohol would be unsafe, unwise or unacceptable. Where consumption is shown or implied it should not be represented as having taken place before or during engagement of the activity in question.’

9.8(h)

• Consumption linked to dangerous locations / activities is prohibited when linked to consumption

• The may not preclude activities / locations where consumption is unlikely, unlawful or not possible:– Professionals– ‘Safe’ activities– No undue risk

9.8(i)

• ‘Marketing communications should not associate the consumption of alcohol with operating machinery, driving, any activity relating to water or heights, or any other occupation that requires concentration in order to be done safely.’

• Operating machinery• ‘Extreme’ sports• Driving / cycling• Heights• A work environment• NO WATER!!

‘Recruitment’ Advertising

• ‘For the purposes of Section 9, recruitment advertising is advertising for identified employment opportunities in the advertisers’ company or associated company.

• These may be considered under the provisions of Section 9 of the Code.

• See ASAI Guidance Notes for further detail

Sponsorship• Where advertisements for sponsorships or events are

being publicised it is important that a clear sponsorship association is made in advertising (e.g. proud sponsor of x).

• The primary focus of a sponsorship advertisement should be on the activity (e.g. Homegrown Music Festival).

• The Sponsor’s name / brand name / and or logo should be mentioned only briefly and in a subordinate way to the event.

• See ASAI Guidance Notes for further detail

WE DO LIKE A GOOD ADAnd remember ….

Social Media

The Difficult One

On Twitter in 2015, there are over 500 million tweets every day.

On Facebook, every day there are 350 million photo uploads alone.

Some of these concern alcohol brands

Social Media posts can be spontaneous, immediate & topical

They can also have multiple points of origin

Yet there is one Golden Rule

If in doubt..

SUBMIT

Here is the ABC of how to determine whether a communication is in remit

A. The post is about the brand or the product. (All it takes is a logo).

B. The brand owns, or has control over, the space in which the post appears

C. The brand has taken responsibility or control over content or post by inviting it,

responding to it or reposting it.

If that sounds a bit complicated it’s because…

It’s a bit complicated

So to ensure that your Social Media comms are compliant, bear one thing in mind:

If in doubt…

SUBMIT

THANK YOU.