Industry Issues 2 Paddy Power

• You will study The Paddy Power ad campaign with consideration given to Industry issues, Global implications

• Key words: Industry Issues

In the written paper, you will need to show good knowledge of advertising regulation 

When you discuss the three main texts/campaigns we have studied you should also be able to show that you are aware of some of the major issues surrounding advertising regulation.

This pages contains links to some short case studies.

The ASA 

History

In 1961 the Advertising Association established the Committee of Advertising Practice (CAP) to draft the British Code of Advertising Practice (the CAP Code). In 1962 the industry set up the Advertising Standards Authority (so named even though it is not a public authority in the usual sense) to adjudicate on complaints that advertisements had breached the new Code. The ASA operated under an independent chairman who was to have no vested interest within the industry.

The Advertising Standards Authority ensures that adverts are legal, decent, honest and truthful and that they do not mislead, harm or offend and are socially responsible.

Why wouldn't these ads be allowed today?
Pre-regulation 

1965 advertising of cigarettes is banned on TV. 2003 the ‘Tobacco Advertising and Promotion Act’ came into force, prohibiting the advertising and promotion of tobacco products. 

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(Misleading)

What makes people complain about ads? 

• In 2011 the ASA handled 31,458 complaints about 22,397 ads. 

• They ruled 4,591 had to be changed or withdrawn. 

• What do you think people complain about?

The importance of Context

Context: Youtube What was the complaint made to the ASA?

 The Advertising Codes require that ads should not be likely to be of particular appeal to children or young persons, especially by reflecting, or being associated with youth culture...

Context – A pop-up ad on a website in paid-for ad space. 

Advert for a ring tone featuring the American ventriloquist, Jeff Dunham, with his dummy, “Achmed, the Dead Terrorist”. 

The ringtones used some of the phrases from Mr Dunham’s act, including, “Silence! I kill you!”, “Stop touching me” and “Knock, knock. Who’s there? Me. I kill you.” 

What was the complaint?

A viewer challenged whether the ad was offensive because it was racist towards Muslims. The ASA noted that at no time did the ad make any reference to terrorism or the Islamic faith, and therefore concluded the ad was unlikely to cause serious or widespread offence.

Not upheld.

Print based ads; What was the complaint made to the ASA?

If advertisers go too far in using airbrushing and other post-production techniques to alter the appearance of models and it’s likely to mislead people, then that’s wrong and we’ll stop the ads. Advertisers must be able to provide appropriate material to us to demonstrate what retouching they’ve done in the event we question them, and they mustn’t mislead,” - Guy Parker (Head of the ASA)

The companies involved gave these responses.

“L’Oreal admitted post-production techniques had been used in its advert featuring Turlington to “lighten the skin, clean up make-up, reduce dark shadows and shading around the eyes, smooth the lips and darken the eyebrows. 

However, the beauty firm said it believed the image accurately illustrated the results the product could achieve.”

 Basically: you're product doesn't work but computers do. 

They admit that they reduced the dark shadows in the ad that sells a product claiming it reduces dark circles but still maintain that the picture is accurate. 

The company, which provided the ASA with pictures of both women “on the red carpet” to show that they were naturally beautiful, admitted that digital post-production techniques had been used on Roberts but maintained that the changes were not “directly relevant” and that the ad was an “aspirational picture”.

So, she's beautiful, you only had to use computers to make her even more beautiful so that people could aim to be like that because aiming to be Julia Roberts in her natural Red-carpet form wasn't unrealistic enough in the first place? 

Harmful/irresponsible ads

Miu Miu Prada

Drop Dead Clothing

The media watchdog said the ads might be sending the clothing company's young audience the wrong idea about body image

Wells and Young

Department of Health (2007) 

The ASA received 774 complaints about this anti-smoking TV and poster campaign. The ASA ruled that the adverts were suitable to be seen by adults, but not by children. The advertiser had to take steps to ensure the adverts would not be seen by children.

Moving Image 

• This is one of the most complained about ads in recent history! 
• 1,089 viewers complained. 
• Why?

• 220 people complained it was offensive to blind people. 
• 1070 complained that it might encourage cruelty to animals. 
• The ASA decided the complaints were not upheld. No breach of rules regarding likelihood of causing harm or offence, did not encourage or condone violence or cruelty, would not cause serious distress, didn’t show harmful or negative stereotypes.
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• Paddy Power plc – July 2010 Not upheld The ASA said it was not offensive in itself to create an advert referring to people with a disability. Paddy Power said it featured an action “so unlikely that it was absurd”. Paddy Power said the advert did not show the cat being kicked or suffering any violence or cruelty. It was clearly and deliberately shown to be unharmed at the end of the item. Paddy Power had chosen a blind football match to promote a lesser-known sport – the World Blind Football Championships were going to take place in 2010. Paddy Power produced a letter of support from the manager of the England Blind Football Team. All the players in the ad were actual blind football players, many of whom had represented the national side.
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• The ASA’s final decision was: 
• 1. The action in the ad would be interpreted by most viewers as a humorous depiction of a fictional situation, with the humour derived from surreal and improbable circumstances, when an unforeseeable and accidental action occurred. 
• 2. It was unlikely to be seen by most viewers as malicious or implying that blind people were likely to cause harm to animals whilst playing football. 
• 3. The ad was unlikely to be seen as humiliating, stigmatising or undermining to blind people and was unlikely to cause serious or widespread offence.

• So, regulation... 
• • What is the ASA? 
• • What is CAP? 
• • What is Admark? 
• • What’s Ofcom’s role? 
• • What’s Clearcast? 
• • How effective is the ASA?
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• General regulation info: 
• • Formed in 1962, the ASA is the watchdog. 
• • CAP draws up the codes. 
• • The ASA decides if adverts breach the codes. 
• • Admark was set up in 2000 (as part of the ASA) to monitor advertising on the internet. 
• • Ofcom is still ultimately responsible for TV/Radio ads.
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• Complaints 
• • The ASA investigate. 
• • If the complaint is ‘upheld’ then the advertiser is required to remove/amend the ad. They are prohibited from using similar approaches in future marketing. 
• • The ASA promotes itself as highly effective, however sanctions are weak and compliance variable.
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• Sanctions 
• • Possible sanctions are trading restrictions, withdrawal of financial benefits and derecognition. 
• The ASA have no powers to fine or take legal action. 
• • Advertisers risk having expensive campaigns pulled, but the campaigns have usually finished before adverse adjudications are made. 
• • One of the ASA’s principal tools is negative publicity in the media or on its website, however some marketers use this to generate publicity for shock ads; to amplify campaigns or to promote their defiance (eg fcuk flouting the ASA’s ruling from 1997 to 2004).
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• Legal stuff 
• • On the other hand, the system is underpinned by ‘backstop’ legal powers: advertisers can be referred to the Office of Fair Trading and broadcasters can be referred to Ofcom. Failure to comply can result in fines or imprisonment. 
• • In 2007, there were 24,192 complaints about 14, 080 ads. Only 2, 458 were changed or withdrawn.
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• Pre-clearance 
• • ‘Clearcast’ checks ads on behalf of TV broadcasters (before they are aired). 
• • ‘Radio Advertising Clearance Centre’ checks radio ads. 
• • There is no pre-clearance for internet ads. 
• • The CAP code applies to internet adverts in paid- for space (eg banners, pop-ups, on-line sales promotions). This means the ASA rejects the majority of complaints as they are outside its remit. 

Task 1:

• • Using specific examples, discuss how effectively the advertising industry is regulated. 
• Use the examples we have looked at including Paddy Power and Coco Mademoiselle.
• • Have a look at www.cap.org.uk and www.asa.org.uk 
• • Make sure you are familiar with the work of these 2 organisations. 
• • Look at the ‘rulings’ tab on the ASA website.