Ethical and Legal issues in advertising

Ethics is a set of moral principles that guide actions and create a sense of responsible behaviour

How Ethical issues arises in Advertising

An advertisement of Nestle India Ltd (Maggie healthy soup) claimed Happy Heart Healthy Soup. The claim created an impression that consumption of Maggie soup leads to better heart and health, while on testing by independent agency, it has been found that it contains high levels of salt which releases sodium into body which in turn, causes hypertension and high blood pressure instead of good heart and health. Therefore, on complaint, ASCI declared the advertisement as case of misleading by implication and ambiguity. Therefore, Nestle India Ltd assured ASCI to modify its advertisements.

Ethical issues in advertising

Misleading claims Stereotyping Use of Sex Appeal and Nudity Concealment of Facts Manipulative Advertising Portraying a particular Body Image Advertisements directed at children Ads showing Dangerous/ Hazardous Actions Subliminal Puffery Weasel claim Surrogate Advertising

 Gillette Vector Plus Blade -> VO -> Blade lasts for three weeks Fine print -> on the basis of one shave every three days. FP appears on the screen for a short time that one cannot read it fully Complaint -> Consumer is led to believe that the blade lasts for 21 shaves whereas it lasts only for 7 shaves ASCI (Advertising Standards Council of India)> Held the ad as misleading -> withdrawn

 Surya tubelight lasts three times longer than others Not substantiated with comparative data of other brands - withdrawn

 Tall you cosmetic -> It makes you proud to have good height. Apply Tall You once-a-day on your sole for 3 6 months ASCI -> Height cannot be increased by any medicines or cosmetics. The claim needs to be substantiated with proof, details of tests/trials Misleading -> withdrawn

Role of ASCI (Advertisings Standards Council Of India):

Its primary purpose is to control the content of advertisements. ASCI is not a government body, it is a voluntary, self regulation council, registered as a not for profit company under section 25 of The Indian Company Act, 1956.

Basic principles of ASCI

1) To ensure the truthfulness and honesty of representation & claims made by advertisements and to safeguard against misleading advertisements. 2) To ensure that advertisers are not offensive to generally accepted standards of public decency. 3) To safeguard against the indiscriminate use of advertising for the promotion of products which are regarded as hazardous to society or to individuals to a degree or of a type which is unaccepted to society at large. 4) To ensure that advertisements observe fairness in completion so that the consumers are informed on choices in the marketplace.

 AdEx and NAMS -> Proactive monitoring AdEx 31 newspapers , corresponding TVCs = 80 % of viewership Suspended Pending Investigation

Misleading claims
Advertising claims are considered unethical if they are misleading According to ASCI -> All descriptions, claims and comparisons which relate to matters of objectively ascertainable fact should be capable of substantiation Ads shall neither distort facts nor mislead the consumer by means of implications or omissions ASCI -> can call upon companies to substantiate claims

Stereotyping
Stereotype -> representation of a group that emphasizes a trait or group of traits that may or may not communicate an accurate representation of the group. Athletes are fit -> Useful stereotype

Stereotyping
Gender stereotyping -> Men = strong, independent, achievement-oriented Women = nurturing, empathetic, softer, dependent -> many products are advertised saying their lives will become less stressful and manageable

Stereotyping
ING Vysya showed a girl child as a burden on parents Dikhne mein toh pyaari hai, yeh khushiyan thodi bhaari hai Banned by ASCI

Reinforcing stereotypes
Stereotype women : Thin is ideal -> suggests that super-slim women are more successful and desirable Obsession with thinness Problem is accentuated in college goers Eating disorders like anorexia and bulimia

Some exceptions-> Empowerment of women and elders

HDFC -> Beti badi ho gayi hai -> Media award for gender sensitive TV ads Pleasure Aged people Appreciated/ Rewarded / Encouraged by ASCI

Use of sex appeal and nudity

"The company cheated me because in its advertisements, it says women will be attracted to you if you use _ _ _. I used it for seven years, but no girl came to me. Vaibhav Bedi, the petitioner, surrendered all his used, unused and half-used deodorant sprays, perfume sticks and roll-ons, anti-perspirants, aftershaves, body washes, shampoos, and hair gels to the court, and demanded a laboratory test of the products and narcotics test of the brand managers of Axe

 Tuff shoes

 Lux Cozi -> Apna Luck pehen ke chalo Amul Macho -> Sanaa Khan

Offensive promotion
Dehumanizing women

Concealment of facts
Present only the brighter side of the story Hair colours -> harmful chemicals Detergent powder -> harmful chemicals that can damage the skin

Manipulative advertisements

Portraying a particular body image

Glorifying glamorous look in both men and women Ideal image of beauty creates insecurity in both men and women in the way they look

Portraying a particular body image

Female models are shown as excessively thin Male models are portrayed as having ideal Vshaped body

 Idea of fairness -> not only restricted to women 28% of fairness creams are purchased by men

 Adverts targeting children : impressionable

 Use of children in advertisement Ads use children to promote products which are not meant for children Children -> Make ads lovable and likable Children of modern era have a strong influencing power on their parents Most vulnerable segment of the target market Children -> Influencers as well as future customers ( Mc Donald) Tag a free gift/ toy on purchase of a product

 Use of children in advertisement Promoting unhealthy products Soft drinks, beverages -> Focus on children as their target market Use of glamorous Bollywood stars and sports stars -> easily influenced Aerated soft drinks -> main source of calories, pesticides

 Ads with dangerous/hazardous actions -> advertisers are encouraged to depict and promote safe practices TIMEX -> encourages reckless driving

 Subliminal advertisement

Subliminal Techniques

Subliminal Perception

Legal?

 Puffery

 Weasel claims Weasel word : modifier that practically negates the claim that follows

 Weasel claims : Listerine fights bad breath Pepsodent complete germicheck : helps prevent gum problems caused by germs, fights tooth decay

Positioning against the competition. 2nd on the category ladder Evoked set We try harder than whom???

 The best headline for an ad is always incomplete Advertising is creative - poetry let the reader supply the word or phrase to complete it Thats what makes an advertising involving

 Related to No 1 -> Hertz Personality of No 1 vs No 2 Underdog sympathy

 Apple Nike Microsoft

Reckitt Benckisers Dettol Kitchen ad takes on HULs Vim

Reckitt Benckisers Dettol Kitchen ad takes on HULs Vim

Dettol Kitchen

HUL filed a case against RBL at the Calcutta High Court.

 In its petition to the court, HUL had said the TV ad lowered the goodwill of Vim. Consequently, the Kolkata High Court passed an order on February 22 asking RB to remove the portion where the two brands were blatantly compared.

 HUL started an advertising campaign which asked its readers the question A Harsh Antiseptic or the power of 100 lemons - which one would you choose to clean your childs tiffin ? against which RBL filed a case at the Delhi High Court.

 RBL sued HUL for commercial disparagement and sought interim injunction against HUL restraining HUL from publishing advertisements disparaging the DETTOL HEALTHY KITCHEN trademark. The Delhi High Court found in favour of RBL and granted an order against HUL.

 The HC found that HULs advertisement campaign was aimed at denigrating the product of RBL and thus passed an order restraining HUL from disparaging the goodwill and reputation of RBLs trademark DETTOL or its product DETTOL HEALTHY KITCHEN.

 The HC in its order stated, With regards to comparative advertising, the law is well settled. The law laid down by the Supreme Court, has shaped the following guiding principles regarding puffery of a product: An advertisement is commercial speech and is protected by Article 19(1)(a) of the Constitution.

 An advertisement must not be false, misleading, unfair or deceptive. Of course, there would be some grey areas but these need not necessarily be taken as serious representation of facts but only as glorifying ones product. While glorifying its product, an advertiser may not denigrate or disparage a rival product.

Reckitt Benckisers Dettol Kitchen ad takes on HULs Vim

Such ads gives a very strong message psychologically that its not just another product and they can compete with the market leader. While HUL almost has a monopoly in the segment, there could be more action now in an otherwise dull segment, In general, the consumer complaints council code allows ads to show a rival brand as long as the claims made in the ad are fact-based,. Reckitt Benckiser has positioned Dettol Kitchen as a complete kitchen cleaner, for use as a dish-washing gel and cleaning other kitchen surfaces like sinks and slabs.

 Pepsodent vs Colgate "The new product provides additional germ attack power which is superior to Colgate's Strong Teeth. We have filed a patent in India, and will eventually get a global patent," says Satish Goel, global R&D director - oral care at HUL.

 HUL's Pepsodent Germicheck, has 6.4% market share is priced at Rs 39 for a 100 grams pack, against Colgate's Strong Teeth that has a price tag of Rs 37 for a similar size, but commands a higher 29.4% share.

 "We are very confident of our technology and we have the scientific data, and what we have seen in the communication is nothing but a truthful representation of that data," Atul Sinha, category head - oral care at HUL."Our objective is to make sure that we pass on the benefits to as many consumers as we can."

Toothpaste war: High Court rejectsColgate's plea against Pepsodent PTI Aug 21, 2013, 08.58PM IST
NEW DELHI: The Delhi High Court today declined to restrain consumer goods manufacturer Hindustan Uniliver Ltd from advertising its toothpaste Pepsodent Germicheck, saying its commercial does not "denigrate" the product of its competitor Colgate. Dismissing Colgate Palmolive (India) Ltd's plea for interim injunction against HUL, Justice S Muralidhar said, "The court is not persuaded to hold at this stage that the impugned TV advertisement or the printed advertisement by HUL is disparaging of or denigrating the product Colgate Strong Teeth of the plaintiffs (Colgate).

 "The court is not satisfied that the plaintiff has made out a prima facie case for the grant of an ad-interim injunction as prayed for. The application is dismissed," the court said. On August 9, HUL had launched its Pepsodent Germicheck's advertisement which compared the toothpaste's germ attack power with Colgate Strong Teeth claiming that Pepsodent Germicheck has "130 per cent superior" germ attack power over Colgate Strong Teeth after four hours of brushing.

 Rejecting Colgate's argument that as per the commercial, Colgate Strong Teeth was "zero" when compared to Pepsodent's 130 per cent, the judge said, "The court is unable to view it that way." "It is arguable that the appearance of the two indices at the bottom of the left and right screens as well as the 'Super' which shows that Colgate Strong Teeth is indexed 100 per cent and Pepsodent Germi Check 130 per cent will enable a discerning viewer to appreciate the comparison in its proper perspective," the court said. "In any event, the claim of 130 per cent germicheck power appears more consistent with the defendant (HUL) puffing up Pepsodent GSP to show that it is better than Colgate Strong Teeth. It is difficult to view this as denigrating, slandering or rubbishing Colgate Strong Teeth," the court order said.

ASCI Comment
Disparaging -> to speak of slightingly, undervalue,belittle

Timing 1 Timing 2 Spend Two fronts Lead time ASCI > HC Or HC -> ASCI

 Surrogate advertisements

Kingfisher Beer IMC

Market Scenario
Size of Indian Bear Market: Rs.12000 crore CAGR: 27% (FY 02- FY 12) Indian Avg consumption:1.7 litres/year/drinker Share of Strong Beers: 83% Kingfisher Beer: Parent Company: United Breweries Market Share: 36% Indias largest selling beer Available in 52 countries outside India

Market Share
7% 12%
United Breweries SAB Miller

24%

57%

Carlsberg Others

Source: Economic Times, 20th May, 2013

Kingfisher Beer
Variants

Competitors

Corporate History
United breweries: History dates back to 1857 UB: 1915: from merger of 5 small breweries Kingfisher Brand: Launched in 1978 Earlier popular UB Brands: Kalyani Black Label, Doctors Brandy Kingfisher Beer: Brainchild of Mr. Vijay Mallya Success of Kingfisher Brand: Linked to passion brought by Mr. Mallya. Parallels drawn to Richard Brandson of Virgin Group

Big Idea Identification and Analysis

Kingfisher has used the idea of The King of Good Times Brand epitomizes the following

Youthfulness

Enthusiasm

Energy

Freedom

Kingfisher

. But with a touch of professionalism

Kingfisher - Transitions
Change of Logo Change of logo in 2003 Kingfisher shown flying in new logo compared to sitting in old Signals brands vision to scale new heights Extension to different categories To circumvent ban on surrogate advertising, it launched mineral water, readymade lifestyles etc. 2005: Entered airline industry with similar positioning

Promotions
Kingfisher Calendar First launched in 2003 Now in its 11th year of publication Kingfisher Calendar Model Hunt: Annual competition to select models for the annual calendar

NDTV Good Times

Launched in Sept 2007 Indias first lifestyle channel Co-branding between a product brand and TV Channel

What is talked about Beer? (1/2)

Courtesy : www.wordle.net

The most used words in association with beer:

IPL, People, Kingfisher, Easter, Cricket, Price, Party , Food and Tax

What is talked about Beer? (2/2)

Keyword Analysis
2% 1% 10% 16% 47% IPL (Cricket) People Kingfisher Easter Price 4%

18%

Party Food Tax 2%

Common Topic of Discussion People associate beer mostly with cricket. Maybe they want to drink beer while watching cricket. Courtesy : www.wordle.net Second most talked about keyword is Kingfisher. Common people relate beer with Kingfisher in India. People also associate beer and food. Price is also talked about in association with beer. This represents cost sensitive customers.

Associations
Kingfisher as a brand maintains associations with sports, fashion, music, food and other events Sports: Cricket, IPL, F1 Racing Events: Go Madras V, The Great Indian Octoberfest, Kingfisher Corporate, Kingfisher After Parties

Digital Activities

Twitter: #DearKFBeerGod campaign for International Beer Day Kingfisher Blue Mile: Platform for adventure seeking youth Kingfisher Strong Backstage: Online platform for aspiring singers

Local city promotions - Mumbai

Hoardings outside a beer shop in Mumbai

Social and ethical issues

Brand preferences Brand purchase and Repeat purchase Barriers to entry Industry structure and Competition Market conduct

Social and ethical issues

Effects of marcom on materialism and the quality of life

Social and ethical issues

Sin products : Beer/Liquor, tobacco, porn videos, violent video games, channels Personal products : Contraceptives, personal hygiene products

Social Issues of MC
Does MC mirror society? Does MC shape society?

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Critics view
Critics : Advertising because of its creative skills and pervasiveness , has created a materialistic culture of conspicuous consumption persuading people to buy goods & services they dont want or need , but brand messages present an idealistic profile of glamor & lifestyles , & happiness that supposedly can be had by buying the right brands .
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Defenders view
Defenders : Marketers are given too much credit for persuasive power. 9/10 products fail . The purpose of MC is to provide information & to help customers in the brand decision process. Brand messages are designed to be persuasive.

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 Does MC mirror society? Does MC shape society?

Reality is that MC & society are intertwined & MC does a little of both mirroring & shaping

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Concerns about MC
MC drives up cost of products MC creates a barrier to market entry MC merchandises too many aspects of our culture MC sells inferior products MC sells unhealthy , dangerous products MC sets unrealistic expectations MC is done in bad taste MC invites censorship MC creates visual pollution MC pushes one countrys culture onto another
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Concerns about MC
Targeting vulnerable groups : Children Targeting vulnerable groups : Developing countries Use of Taboo topics

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Concerns about MC
Targeting vulnerable groups : Children Targeting vulnerable groups : Developing countries Use of Taboo topics

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Company founded in 1965 Turnover $3bn Italian company Fashion & Clothing industry Operating in more than 120 countries with 6000 outlets Communication campaign : 30 yr old 1982 communication campaign catapulted this company to a big brand & a global player
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BIG IDEA Global Love /Universal Love

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Stickiness

creative but controversial & edgy photography

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Stickiness

SHOCKVERTISING: SHOCK the audience with creative but controversial & edgy photography
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Connect of the message to the brand

COLOR

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Oliviero Toscani: 'There are no shocking pictures, only shocking reality'

Oliviero Toscani

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Oliviero Toscani (born 1942) is an Italian photographer, best-known worldwide for designing controversial advertising campaigns for Italian brand Benetton, from 1982 to 2000. Most of these advertising campaigns were composed of rather controversial photography, usually with only the company logo "United Colors of Benetton" as caption.

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 "There are people who, when they look at a picture, they get angry at it. But they should get angry at themselves for not having the courage to look into the problem," Toscani told CNN.

Pictures put you in front of a reality that most of the times you don't want to see, don't want to know about, don't want to get involved.

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 In the early nineties Toscani co-founded the magazine Colors (also owned by Benetton) With the tagline "a magazine about the rest of the world", Colors built on the multiculturalism prevalent at that time and in Benetton 's ad campaigns, while remaining editorially independent from Benetton.

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Benetton's communication started grabbing attention across the world since 1980s. Oliviero Toscani was the creative mind behind the controversial ad campaigns that turned Benetton into a household name. He was Benetton's creative director for 18 years from 1982 to 2000. During this period he created many notorious ads for the brand. By the height of his success, Toscani was known for his arrogance and drama
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By 1984, Toscani's work had already started turning political with the "All the Colors of the World" campaign that focused on young people of different races wearing the company's clothing. It was the first time such a multicultural group appeared together in a positive light in an Italian advertising.
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Further, in 1990, Toscani's 'United Colors of Benetton' campaign launched a ten-year span on symbolic, poignant, jarring and controversial ads. This time round the company had posters of a priest kissing a nun; a bloody baby fresh from the womb.

'All the colors of the world'

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Benetton has never been afraid to address highly political themes. During the Cold War it ran a campaign with a photo of two black children kissing. One of them was wrapped in the Stars and Stripes, the other in the red flag of the Soviet Union. When the French president Mitterand met his Soviet counterpart Gorbachev in Paris, Benetton used the image to decorate the presidential route along the Champs-Elysees. A bemused Gorbachev is reputed to have asked, 'Who is this Benetton anyway?
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More shocking was the 1991 picture of a World War I cemetery in France which created 'unprecedented controversy'. It featured long rows of crosses symmetrically aligned, and served as a reminder that in wartime nobody wins: death is the only victory
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In 1992, Benetton released a horrifying advertisement showcasing photographer Patrick Robert's image of a Liberian soldier with a kalashnikov, holding a human thigh bone behind his back. The questionable photograph brought up questions about colonialism, racism and cultural poverty
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Apart from controversial campaigns, Benetton has also produced some distasteful campaigns. One of them featured a real AIDS patient on his deathbed. It was released at a time when the world was just beginning to come to terms with the horror of HIV.

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Toscani's most controversial ad was the Death Row campaign. Toscani and Benetton were quoted saying the international "Sentenced to Death" campaign was aimed at drawing attention to the controversy surrounding the use of capital punishment in the US. The campaign featured close-up portraits of convicted killers. The photos were stamped with the words "Sentenced to Deathalong with the small green Benetton logo.The campaign stirred up a storm of controversy: the state of Missouri sued Toscani and Benetton
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Oliviero Toscani

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MC Elements in Benettons Campaign

Stickiness : Big Idea : Connect : Tag Line : Shockvertising Global Love / Universal love Colors United Colors of Benetton

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Elements of Consistency in Benettons Shockvertising Campaign

Message Tag Line Big Idea Connect Social Issues Global appeal

Humans of different race,colour

Relevance of message to target audience

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US v Iraq South Korea v North Korea Israel v Middle East India v Pak US v Venezuela US v Osama France v Germany UK v Libya UK V Egypt

Scenario 2011

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Challenge 2011 LOVE

HATE
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16/11/2011

UNHATE
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16/11/2011
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Hatred is never appeased by hatred in this world. By non-hatred alone is hatred appeased. This profound and humane concept of tolerance sums up the principles inspiring the UNHATE CAMPAIGN, which Benetton has created with the aim of contrasting the culture of hatred and promoting closeness between peoples, faiths, cultures, and the peaceful understanding of each others motivations, using a global call to action and the latest communication tools.
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Elements of Consistency in Benettons Campaign

Shockvertising Message
Tag Line Big Idea Connect Social Issues Humans of different race,colour Global appeal
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Campaign rollout
TVCs Print ads Sponsorships Outdoor marketing DM Personal selling Internet Trade promotion Packaging PR Events

Alessandro Benetton
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Campaign rollout
5

Alessandro Benetton
The BIG PR Exercise
Publicity (PR): Interview on TV Channels News reported on TV channels News item in newspapers interviews & opinions on TV channels interviews & opinions in newspapers
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6&7

Innovation outdoor Innovation outdoor

6&7

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18 NOV, 2011, 05.02AM IST, ET BUREAU Benetton's 'unhate' ad: Controversy works but lip service to cultural mores also necessary
Benetton is probably not so naive as to think that the world's problems can be resolved - or hate can be vanquished - merely by powerful personalities kissing and making up. Maybe the international fashion brand wants to have a sly jab at world leaders paying lip service to the causes that make ordinary people flock to block squares and parks these days. The clothing company's new campaign theme 'Unhate' certainly has a succinct ring to it, implying that such things can happen if not with just the click of a button (as people are unfriended on Facebook) then with artificial osculation at least. Benetton's ploy of falling back on good old shock therapy to grab eyeballs in an increasingly attention-deficient world is understandable, yet its decision to withdraw the visual showing the Pope and a Muslim imam in a liplock underlines that some taboos cannot be wished or kissed away. Quibbles about the aesthetic value of such contrived images notwithstanding - as none of the leaders featured are remotely comely barring US President Barack Obama - it is certain that even ordinary individuals would protest vociferously about the dangers of manipulated imagery if they suddenly found themselves splashed across hoardings smooching people who they are not on talking terms with, let alone anything more intimate. India has now become used to seeing favourite filmstars embracing sans euphemisms on screen but candid canoodling still occurs rarely off-celluloid. Tempting as the idea is of positing arch-enemies in photoshopped puckers (though how this sells clothing remains unclear), subcontinental mores and sensitivities would ensure there are no Indian versions of Unhate, unless, of course, the company wishes to be inUndated with legal cases

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Benetton ad: Offended Vatican vows legal action

Gallery: Benetton's UNHATE campaign outrages Vatican

Benetton withdraws ad campaign image of Pope kissing Egyptian imam after Vatican complains it is disrespectful

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Piyush Pandey Executive chairperson and national creative director, Ogilvy India I think the entire campaign is sensational and unnecessary. It is certainly edgy, but being edgy does not mean that you cross limits. A lot of people will say that it is a fantastic way of doing things, but I feel there are other fantastic ways of doing things.

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K V Sridhar National creative director, Leo Burnett The participants of Bigg Boss are supposed to behave in a certain way. Similarly, Benetton as a brand is supposed to behave in a particular way, too. If it does not behave in that manner, then it would be unique.

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One other campaign of the brand showed a blood-smeared baby still attached to its umbilical cord. As a brand, it has done several such campaigns in the past. But, this time, I feel that it has done it intelligently. The message that nations/religions should not hate each other has been conveyed effectively through the best form of expression of adore - a kiss. Leaders are representatives of the masses. If they would have shown Barrack Obama hugging Hu Jintao, then it would not have been as interesting. But, this one works and is brilliantly executed.

Santosh Padhi Chief creative officer and co-founder, Taproot India Benetton has always done edgy work. It strongly believes in this. It is a youth brand, and the youth really like all this. If it tries to attempt something like this in India, then it will be a totally different story. Our country is far more sensitive. Hence, its ads here are milder than those abroad. For example, the ad with the blood-smeared baby still attached to its umbilical cord will not be appreciated in India.
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But, I feel the recent communication speaks the language of 18-24-year-olds, which is its core target group. It is back with edgy stuff and grabbing headlines.

Vice-chairperson and national creative director, Publicis Ambience In good taste or in bad taste is a matter of perspective and from whose eyes you are viewing it. If it is from the perspective of a 20-year-old, then they will love it. But, something like this cannot be done in India, where our political leaders, freedom fighters, and religious leaders are demi-gods. Provocation in the mildest of forms has the potential to form a big controversy.

But, overall, I like the campaign. How many brand campaigns have this kind of tonality and the kind of media coverage? It has done several such campaigns in the past, some of which include the 'Blood Kid', and 'All the Colors of the World' campaign that spotlights groups of children of different colours and races. I feel, with this campaign, it is getting back to the roots and the controversies that it had created in the 1990s.
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Arun Iyer National creative director, Lowe Lintas It is a controversial ad. But, that is what it is supposed to do -- create controversy. 50% of the people will feel that it is in bad taste, while the other 50 %will find it interesting. However, despite the like or dislike, it will induce talk-ability. I think visually, it is supposed to be debatable, but at a thought level, it is not at all a debate. The fact that this campaign has been successful in creating a debate is by itself a success of the brand and its objective
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10/11/2012