Playing hide-and-seek? A legal perspective on the complex distinction between commercial and editorial content in hybrid digital advertising formats
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1 Playing hide-and-seek? A legal perspective on the complex distinction between commercial and editorial content in hybrid digital advertising formats Liesbeth Hellemans Eva Lievens Peggy Valcke EUROCPR Conference, 24 March 2015, Brussels
2 Introducing the AdLit project Advertising Literacy in a New Media Environment Investigating Minors Persuasion Knowledge in Relation to New Advertising Formats Various Stakeholders
3 Project overview WP 3: Educational programs WP 1 AdLit general WP 2: Ad Cues WP 4: Awareness for the topic WP 5: Policy and (self-) regulation
4 Hybrid advertising formats
5 Hybrid advertising formats
6 Hybrid advertising formats: specific feature Advertising content embedded in the non-promotional content increasing blurring between advertising, information and media content significant societal impact contrary to specific legal requirements?
7 Articles 9 & 19 AVMSD Article 9 (commercial communication) Audiovisual commercial communications shall be readily recognisable as such. Article 19 (television advertising) Television advertising and teleshopping shall be readily recognisable and distinguishable from editorial content. Without prejudice to the use of new advertising techniques, television advertising and teleshopping shall be kept quite distinct from other parts of the programme by optical and/or acoustic and/or spatial means.
8 Key elements? 2 components 1. readily recognisable identification principle 2. distinguishable / quite distinct separation principle
9 National implementation: overview Country Legal Basis Enforcement Belgium Flemish Decree on radio and television (articles 53 and 79) Vlaamse Regulator voor de Media (VRM) The Netherlands Media law (various articles) Commissariaat voor de Media United Kingdom Ofcom Broadcasting Code Ofcom UK Code of Broadcast Advertising (BCAP code) Advertising Standards Authority (ASA) UK Code of Non-broadcast Advertising (CAP code) Also selfregulation, e.g. ICC Code Advertising Standards Authority (ASA) Analysis of decisions
10 National implementation: key learnings the distinction between editorial and commercial content is key aim of the distinction : protect the viewer from being (1) confused or misled about the nature of the broadcasted message and (2) subconsciously influenced by commercial messages.
11 National implementation: key learnings broadcast commercial message within regular advertising blocks a variety of circumstantial elements may influence compliance with the identification principle: duration (an ad of 3,4 or even 5 minutes) scheduling (start at fixed time with repetitions) broadcasting as a series (varied topics per episode) format (title, thank you notice ) presenter (identical in advertising & programme) active involvement of the viewer content of the ad enforced by a variety of sanctions (warning, financial penalty, broadcast prohibition, statutory sanction)
12
13 Newsflash 23 March 2015: publication by the Flemish Media Regulator of Guidelines concerning the separation between commercial and editorial content (re television advertising) (more) detailed requirements with which bumpers need to comply (e.g. number of seconds, not integrate end bumper in commercial nor editorial content)
14 Challenges for hybrid advertising formats 2 key challenges broadcast within the regularly announced advertising blocks? scheduling outside regular advertising blocks; bumpers? against nature of hybrid techniques? clear notice at start and intermittently broadcasted? certain wording not sufficient (i.e. infomercials) quid with convergent devices?
15 Aim of regulation? facilitate an average consumer to as such recognise and distinguish between editorial and commercial, persuasive content
16 Potential solutions? a responsible & coherent implementation of the identification principle supported by the creation of cues or labels framed within a (self- or) co-regulatory framework (?) building upon the active involvement of all players while guaranteeing public interest goals
17 THANK YOU
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