EASA The European Alliance for advertising selfregulation EASA

EASA – The European Alliance for advertising self-regulation - EASA – The Single Ad SR voice since 1992 - Promoting responsible advertising through best practice in self-regulation 50/50 balance SROs/associations SR (practitioners) committee - BP, Data, operation Task. Forces: Sustainability, Statistics Media committee – Digital Mark. Comms Coordination with industry sectors: Alcohol, Food Workshops: Monitoring, Operational (copy advice) 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? • Industry polices itself to make sure ads are legal, honest, truthful and decent • Accepted standards & rules ‘professional diligence’ • National Self-Regulatory bodies (SROs) apply rules

RPR/Rada pre reklamu The SASC/The Slovak Advertising Standards Council was founded on the 3 rd of March 1995 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 basics of ethics: Ethical Code 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 • • Issues sanctions (modify or withdrawal) PROACTIVE: (EASA Best Practice) Advice, training and awareness Monitoring compliance with the codes Benchmarking

Advertising Complaints handling in Europe • SROs in Europe deal with +/- 50 000 complaints every year • Represents less than 0. 1% of total number of ads circulating Advantages of complaint handling through SROs • Quick – complaints usually handled within 3 -30 working days • Flexible - Technological and Societal change • Cheap & Accessible – Consumer doesn’t pay & accessible on/offline • Reversal of burden of proof – Companies must prove innocence • Industry listens to SRO rulings -> effective sanctions adverse publicity • 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) • Board of directors • Jury Funding • Levy system • Membership fees Code ownership • Industry owned code • mixed

Basic activities of most SROs SR systems components (2/2) Main activities • Copy advice/preclearance • Monitoring • Complaints handling • Appeals • Sanctions • 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 Geographical coverage Media coverage Funding Codes Consultation 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 & Inf. So, Sec. Gen, 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 Audiovisual Media Services directive Art. 3. 3 • 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: • Prejudice respect for human dignity • Include any discrimination on grounds of race, sex or nationality • Be offensive to religious or political beliefs • Encourage behavior prejudicial to health or to safety • Encourage behavior contrary to protection of the environment

Unfair Commercial Practices Directive (check impl. Status in Slovakia) Unfair Commercial Practices (UCP) Directive implementation Designed to increase overall consumer protection Advertising codes will be adjusted accordingly Enhanced information requirements re. pricing offers, Substantiation of proof, omission of facts 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 Guidance regarding SR application to digital marketing communications Clarification of a Best Practice approach 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…. • • • 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)