Using New Media for Marketing Thursday 3 February 2011 Paul Jordan, Partner, Bristows Andrew Southam, Legal Director, BBH.

Slides:



Advertisements
Similar presentations
Covert Advertising - the notion and regulation in the UK
Advertisements

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA)
Industry player logo Autumn 2010 The FSCS Consumer Awareness Programme Briefing for managers of staff who communicate with customers.
The Advertising Standards Authority Leveson Inquiry: regulatory models briefing Guy Parker Chief Executive Lynsay Taffe Director of Communications 5 October.
National implementation of REMIT Henrik Nygaard, Wholesale and transmission (DERA)
TELEVISION WITHOUT FRONTIERS DIRECTIVE Product Placement vs. Surreptitious Advertising Warsaw, 8 December 2005 Frédéric Bokobza European and International.
1 Product Placement and the Audiovisual Media Services Directive Balancing the interests of content providers and users Jean-Eric de Cockborne Head of.
Evaluating the Option of Self-Regulating Food Marketing to Young People Corinna Hawkes Research Fellow International Food Policy Research Institute Washington.
1 Ch. 3. Advertising and Society. 2 Advertising’s Legal and Regulatory Environment.
Challenges & opportunities in Europe Christopher Graham Chairman, EASA.
The White Paper Ian Moss. THE COMMUNICATIONS WHITE PAPER  In May of this year the Government announced that it was planning a Communications White Paper.
©Ofcom Regulation of commercial communications in the age of convergence Ian Blair Warsaw – 8 Dec 2005.
Online advertising standards Dr Oliver Gray 26 October 2004.
Television Without Frontiers Stakeholders Meeting 27 October 2005.
Music distributing with new media technologies. learning outcomes Describe the current state of the music industry from an industrial perspective. Outline.
Lesson 5: Consumer Protection Act NOTE: The current curriculum refers to the Consumer Information Act 1978 which was the predecessor to the Consumer.
Protecting information rights –­ advancing information policy Privacy law reform for APP entities (organisations)
Consumer Code for Home Builders Noel Hunter Chairman 1.
What the government does A2 Economics and Business Unit 4B By Mrs Hilton for revisionstation.
Legal Audits for E-Commerce Copyright (c) 2000 Montana Law Review Montana Law Review Winter, Mont. L. Rev. 77 by Richard C. Bulman, Jr., Esq. and.
Business in Action 6e Bovée/Thill Customer Communication Chapter 16.
Four tips to mitigate Mobile fraud in the future.
Premium Rate Services: Review of Scope of Regulation Bradley Brady October 2007.
An Equity Perspective Paul Malan Global Markets 21 January 2004.
Justice and Consumers Understanding DSM obstacles – the evidence European Consumer Consultative Group meeting March 2015 Dan Dionisie, Consumer Markets.
Customer Communication
Eric J. Pritchard One Liberty Place, 46 th Floor 1650 Market Street Philadelphia, Pennsylvania (215)
The Marketing Environment 3 Principles of Marketing.
10 SNOW HILL | LONDON | EC1A 2AL Liability in Commercial Contracts Overview of English law and practice Richard Brown, Travers Smith LLP Industrijurist.
Product Placement Report of Panel 2 Jonathan Davis UK Film Council The Responsibilities of Content Providers And Users, Prague March 2009.
1 INTRODUCTION OF THE LAWS ON ABUSE OF DOMINANT POSITION AND ABUSE OF MONOPONY POSITION IN VIETNAM Speaker: Mr. Trinh Anh Tuan Official Vietnam Competition.
1 Re–use of PSI – Challenges and Opportunities ePSIplus National Meeting Greece 21 May 2008 Athens.
Contracts, Commissions and Copyright By Kara, Rachel, Katie and Owen.
Delivering transparency, choice and control for European citizens.
Online banking security best practices Access via ‘transaction devices’
REPUBLIC OF BELARUS EXPERIENCE OF BELARUS IN THE NATIONAL ADAPTATION OF CLASSIFICATIONS OF ECONOMIC ACTIVITIES Olga Pintchuk, Chief of the department of.
Regulating Advertising in the UK: The ASA
© 2007 West Legal Studies in Business, A Division of Thomson Learning Chapter 5 Intellectual Property.
FIRMA April 2010 SOCIAL NETWORKING Christine M. Farquhar Managing Director, Compliance J.P. Morgan U.S. Private Banking.
1 Self-Regulation in the EU Advertising Sector: A Best practice model.
Codes of Conduct The International Pharmaceutical Regulatory & Compliance Congress and Best Practice Forum 6 June 2007 Heather Simmonds Director Prescription.
Undertakings for collective investment in transferable securities (UCITS) Worldbank Global Development Learning Network The Advanced Program in Accounting.
The Law of Managing Social Media Sport and Recreation Alliance Mike Patrick and Alastair Cotton 4 October 2011.
STUDY CONCERNING MULTI-TERRITORY LICENSING FOR THE ONLINE DISTRIBUTION OF AUDIOVISUAL WORKS IN THE EUROPEAN UNION Presentation Europa Distribution 7th.
The Future of Financial Marketing Paul Rapino Sr Director Microsoft Advertising Vertical Industry Solutions Presented at the Journal of Financial Advertising.
 Ofcom has wide-ranging powers across the television, radio, telecoms and postal sectors.  It has a statutory duty to represent the interests of citizens.
Teya Cridland. REGULATORY BODIES. UNIT 7. BBFC- The British Board of Film Classification originally British Board of Film Censors, is a non-governmental.
Advertising BAC 3. The ASA ASA = Advertising Standards Authority = Our aim is make sure that all UK advertising, wherever it appears is legal, decent,
Codes of Practice and Regulations By Alister Sullivan.
By Alec Sherwood, Billy Myers, Robin Roessner.  Bring attention to government proposed legislation  Talk about:  SOPA  PIPA  ACTA  CISPA  Database.
Jo Farmer, Partner Jonathan Coad, Partner Lewis Silkin LLP.
Key Legal Considerations for Agencies Wake Forest Business School Charlotte Campus June 12, 2013.
Research in the Creative Media Industries. Why is research used in the media? Research is used in the media to determine what a product will look like.
1 HIPAA’s Impact on Depository Financial Institutions 2 nd National Medical Banking Institute Rick Morrison, CEO Remettra, Inc.
Ownership and Funding in T.V and Films Jack Warwick.
©Ofcom REGULATING THE MEDIA: WHAT ROLE FOR THE EU? European Parliament 17 October 2006 Chris Banatvala Director of Standards Ofcom.
Heading in the wrong direction
This is the prescribed textbook for your course.
PRESENTATION OF MONTENEGRO
6 October 2016 Social media: do you have the right social media strategy that will impact your business’ growth? - Legal and Regulatory Issues William.
Affiliate Rules/Code of Conduct
IP Jiu-jitsu: a self-defence class for developers
By Alec Sherwood, Billy Myers, Robin Roessner
Safeguarding Consumers in the Digital World
Cybersecurity: the consumer perspective
Essentials of the legal environment today, 5e
Forum of the ICT Coalition for Children Online Brussels, 14 July 2016
SOCIAL NETWORKING Christine M. Farquhar Managing Director, Compliance J.P. Morgan U.S. Private Banking.
Promoting European works - Challenges and Experiences
NCTJ Broadcast Regulation
Presentation transcript:

Using New Media for Marketing Thursday 3 February 2011 Paul Jordan, Partner, Bristows Andrew Southam, Legal Director, BBH

Using New Media for Marketing The law – ensuring compliance Spotlight on new media Product placement Conclusions and Q&A

Advertising Standards Authority (“the ASA”) “One stop shop” Broadcast and non-broadcast Digital (1 March 2011) “Legal, decent, honest and truthful”

ASA sanctions No legal power to impose sanctions but: Adjudications published Ad alerts CAP vetting of future campaigns Legal backstop - OFT

ASA – Digital Extension Extension of the ASA’s digital remit 1 March 2011 – ASA will regulate advertisers’ own marketing communications on their own websites and in other non-paid-for space online under their control Capture all adverts/marketing communications “directly connected with the supply or transfer of goods, services...” Need not include a price or overtly seek an immediate/short-term financial transaction

ASA – Digital Extension Extension of the ASA’s digital remit (cont’d) Covers: Advergames User generated content: but only where marketer adopts and incorporates the content within their own marketing communications (whether submission was solicited or otherwise) – watch this space New sanctions Grace period and investment by the ASA into educating all stakeholders

Consumer Protection from Unfair Trading Regulations 2008 (“CPRs”) 31 prohibited acts “buzz marketing” Enforcement and penalties OFT Investigation – Handpicked Media

Case Study – Handpicked Media

What are they? Some statistics A practical example – Lynx Jingle Spotlight on New Media

“You agree to indemnify... incurred... as a result of... Your breach of this Agreement... or warranty made by You... any claims that Your Applications... violate or infringe any third party intellectual property or proprietary rights” “The Agency warrants that... to the best of its knowledge and belief any creative work produced... will be original to its authors... will not infringe the copyright of any third party in the UK... other than as contained in any legal or other advice provided to the Agency and communicated to the Client” Apps

Originality – two stage process: 1.Collected evidence of existing pens, manufacture, retail outlets, etc 2.Several scans of the Appstore for similar ideas Apps

Insurance Disputes Rejection Apps

Spotlight on New Media Social Networks and Twitter Social networks are far more advanced than Twitter (e.g. Facebook fan pages) Facebook “apps” Facebook Connect

Social Networks and Twitter

Yeo Valley Use of Twitter and Facebook to drive campaign Real time conversations with consumers High profile reaction

Yeo Valley

Nestle

Social networks – other considerations Defamation Confidentiality ASA Consumer Protection from Unfair Trading Regulations

Product Placement – what is it? Payment to a broadcaster or producer to feature a product or service in a programme Described by some as “an affront to basic honesty” Seen in films for years (and US shows), but not in TV programmes originating from Europe Big business – conservative US estimates2006: $ 3.07 billion 2010: $ 5.6 billion

Product Placement – The US

AVMS Directive (2007) Audiovisual Media Services (“AVMS”) Directive (2007/65/EC) Responding to technological developments and emerging AV media; seeking to preserve cultural diversity, protect children and consumers et al AVMS Directive: general prohibition on product placement BUT: permitted for TV programmes in the following FOUR genres: “cinematographic works, films and series made for audiovisual media services, sports programmes and light entertainment programmes” subject to certain safeguards

AVMS Directive: Safeguards Not permitted in children’s programmes Content and scheduling must not affect responsibility / editorial independence of broadcaster No direct encouragement to purchase No undue prominence Viewers to be clearly informed of placement at start and end of programme and after any advertising breaks (unless programme not produced by service provider or affiliated company) Following placements not permitted: tobacco products; prescription-only medicinal products

UK position: 2008 – present UK still refused to allow product placement, following 2008 consultation BUT: global recession, increase in Internet advertising and TV on-demand services broadcasters taking big hit on advertising revenue 2009: government u-turn on product placement in TV programmes Further consultation: November 2009 – January 2010 Ministerial Statement of 9 February 2010: product placement to be permitted for UK television companies who make/commission their own programmes, in line with AVMS Directive (plus further UK-specific safeguards)

UK changes EU AVMS Regulation 2010 No. 831 came into force on 16 April 2010 as implemented into the Communications Act July 2010 Ofcom published a proposal for new rules relating to product placement on TV in the UK which reflect the new UK legislation. Revised Ofcom Broadcasting Code published in December 2010 Product placement will be permitted, but only in FOUR genres cited in AVMS Directive (Ofcom to ensure that broadcasters do not overstep mark) Specific prohibition on product placement in current affairs, consumer and religious programming (and BBC’s licence-fee funded services) Radio – December 2010 TV – 28 February 2011

Other UK safeguards In addition to tobacco/prescription medicines (as per AVMS Directive), UK Regulations will also prohibit placement of: Alcoholic drinks Foods/drinks high in fat, salt or sugar Gambling Smoking accessories Over-the-counter medicines Infant formula and follow-on formula

Conclusions Shift in marketing spend Increased sophistication Control of reputation Control of media channels Regulatory lag

Thank you for your attention Bristows 100 Victoria Embankment London EC4Y 0DH T +44(0) F +44(0)