Presentation

 

 

 

 

 

Regulatory Bodies and Advertisement

Issues of Regulation surrounding the advertising industry

CAP-

The Committee of advertising practise write the advertising codes, and represent the main industry bodies (advertisers, agencies and media owners).

They write the wide range of rules that ensure the advert does not mislead, harm or offend and is socially responsible.

They also offer the industry authoritative advice and guidance on how to create campaigns that comply with the rules.

Mislead- the advert does not, for example, if it was an alcohol advert, it does not mislead the viewer into believing excessive drinking is a positive. This could be interpreted as ‘encourage’ unsupported behaviour. Mislead can also mean giving the wrong impression or be intentionally deceiving, something which breaches an element of trust between the ad creator and the viewer.  

Harm/ Offend- The advert must not contain offending or potentially harmful images, such as suicide, babies smoking, etc. An example of this would be the Volkswagen ad including a suicide bomber. This advert was ruled off because of the harmful and offending imagery.

Socially responsible- The ad must conform to social norms and be generally accepted for broadcast. It must not include racism, sexism or discrimination.

There are hundreds of advertising rules which CAP write in order for the viewer to be protected. Children are especially protected, there is extra regulation so that children are not easily mislead. They write specific restrictions for adverts that promote tobacco, alcohol and gambling. Overall CAP are the body which underlines all safety and protection, they establish the rules of which other bodies such as ASA act on.

ASA-

The advertising standards agency ensure that all UK advertising is Legal, (No overtly sexual scenes on the break of a children’s show, for example) Decent, (Filmed and edited to a good level, perhaps, in comparison to its competitors) Honest, (true to the CAP regulations) and Truthful (Not Misleading, correct statistics etc.)

It is an independent operator that is not connected (funded by) either the government or any other advertisers.

If one complaint is filled about an ad, the ASA will act on it. They contact the advertising provider and produce a report. If the ASA decides the advert is inappropriate and the complaint is in fact legitimate, the advert will face termination. When assessing adverts, they will stick to the CAP’s theory of preventing ads that are potentially misleading, harming, offending or lacking social responsibility.

The regulate adverts because of ‘a legal and ethical responsibility to protect consumers from a wide range of harmful and dangerous products’ ASA banned smoking ads in the 1930’s, for example.

BCAP-

BCAP, the broadcast committee of advertising practise, linked with the committee of advertising practise, includes the ‘BCAP Code’ which outlines the specific codes for broadcast advertising. Whereas CAP are the root organisation which not only provides the boundaries but offers many more services, BCAP is more the specific broadcasting code for advertisements.

The code applies to all advertisements (including teleshopping) and programme sponsorship on radio and television services licensed by OFCOM. It is designed to inform advertisers and broadcasters of the standards expected in the content and scheduling of broadcast advertisements and to protect consumers.

This code can be accessed on the ASA website and the CAP website.

The basic rules of compliance are

-       Adverts must reflect the spirit, not merely the letter of the code

-       Adverts must be prepared with a sense of responsibility to the audience and to society.

-       Advertisements must comply with the law and broadcasters must make that a condition of acceptance

-       Advertisements must not state or imply that a product can legally be sold if it cannot.

The BCAP code also contains many other sets of rules under over 30 headings including Children, Misleading advertising, Privacy, Gambling, Weight control and slimming and more.

The code also provides rules on scheduling too.

OFCOM-

OFCOM is the main communications regulator in the UK. They regulate TV, radio, on-demand services, fixed-line telecoms, mobiles and postal services, plus the airwaves over which wireless devices operate.

Their main objective is to protect the public from ‘scams and sharp practises’ and make sure they get the best from their communications services. They operate under a number of acts of parliament, including in particular the communications act 2003. They must act within the powers and duties set for it by parliament in legislation. They are funded by fees from industry for regulating broadcasting and communications networks, and by grant-in-aid by the government.

They have a code on the scheduling of television advertising which sets out the rules with which television broadcasters licenced by Ofcom must comply when carrying advertising.

The purpose of these regulatory bodies is to ensure that our communications revolution is not a totally free base for anything and anyone to share or broadcast whatever they want. They have the interest of the public at heart, and as many of the actions are initiated by viewers themselves, it means that they serve as a platform between us and the broadcast providers. They represent and protect.

Haribo Advert Analysis

 Haribo Starmix Advert Analysis

This stand-alone advert which is part of a series of haribo adverts of which adults are portrayed as children, eating their guilty pleasure. It is humorous and memorable… the advert shows an office style board meeting with various men in suits and important looking people talking about their favourite sweets with a baby voice.

Brand identity:

Haribo rely on their long tradition of being the key player in British sweets as their brand identity. They do not have a slogan, they have a reoccurring theme song ‘kids and grown-ups love it so, the happy world of haribo’

Its identity is silly, funny, happy, childish, youthful, colourful, sweet and playful. This is projected through the history of red and blue colours, its traditional starmix which they are still advertising to this day due to its huge popularity

Typical TA:

The majority of consumers of this product is probably children. It is widely known that children are the main consumers of these sweets.

However, this particular advert is appealing to the working adult, aged 30-40, with a professional job, perhaps bored with daily life and in need of a sweet treat and to let out their inner child.

This is because of the casting. This particular advert is aimed towards NRS (A, B, C1) Mainstreamers, Suceeders

 Structure: This mini-fiction stand-alone humorous ad consists of a short sketch including 7 high end looking working professionals around a board room style table. A woman with a slick bun explains ‘I just want to talk about this haribo starmix sweeties’ in a very cute baby voice, wiggling her hand with excitement. The advert then continues with other members of the meeting talking about their favourite sweets, in a hilarious manner as it seems like they are five year olds. The advert ends with the theme song and a simple picture of a packet of starmix and their iconic yellow bear mascot.

I think the simple structure is very effective. Very often when a lot is going on in an advert it tends to go straight over our head. But this is funny and effective; the brand is so legendary it can pull of such a humorous campaign.

Persuasive Techniques:

The number one persuasive technique here is obviously humour. It is silly, cute, and sticks in our minds. It is not uncommon that the viewer will laugh out loud at this ridiculous concept, and this is a very effective persuasive technique as it will get people talking about it which ultimately the aim of an advert.

Another persuasive technique used is nostalgia. It makes adults remember their childhood. The sweet is being shown to appeal to everyone of all ages, although typically linked with children. By appealing to adults it brings back a nostalgic sense of being cheeky, young and care-free.

ASA Rulings:

Not surprisingly, there were no ASA rulings or complaints for this ad. It has a harmless, silly nature and there is no offensive language or harmful material at all in the duration of this advert. 

Foxy Bingo Advert Analysis

Foxy Bingo Advert Analysis  

Foxy Bingo ‘Non Stop Fun’ TV Ad is a high-spirited TV commercial for the foxy bingo gambling service. It is filmed on Brighton pier, and includes a large sum of people dancing to upbeat music. The advert is ‘lead’ in a sense by their re-occurring mascot ‘Foxy’ who is a life-like computer produced character with a distinctively British accent. 

Brand identity: 

 

The brand uses the slogan ‘non-stop fun’ to appeal to its audience. Although the nature of the commercial is extremely youthful and exciting, it is targeting an adult audience, perhaps those wishing to let their youthful heart come to play.

The brand is littered with innuendos, something of which perhaps an immature adult audience can identify with.

• Fun, Lively, Loud, Happy, Exciting
  
• Youthful, Playful, Juvenile, Silly
  
• Daunting, Naughty, Cheeky
  
  

Target Audience:

Although the target audience of foxy bingo is probably older males, perhaps with a dependant personality towards gambling and betting, it does not seem as though this advert is specifically focussed towards them. With the use of casting and projection of a child-like mascot, perhaps their advertisement is to broaden their scope, towards young adults.

Foxy bingo typical ‘customer’ would be a male or female in their late 50’s, unemployed, single NRS Social Grade C1 C2 D and E, the strugglers and resigned. Life Matrix ‘Struggling singles’

However, this ad is designated for an aspirer; perhaps a twenty-something business owner, who like to bet and gamble. (B, C1, C2) 

 

Structure:

I would say this ad follows a stand-alone talking heads narrative. The talking head is Mr. Foxy, and although their other ads follow a similar style, they do not carry on from each other on an extending narrative.

The advert starts with a woman walking along the seafront in the rain with a purple umbrella. Foxy is waiting at the beginning of the pier and the opening phrase is ‘come on, let’s get foxy’. The weather almost instantly brightens up and a large mass of people arrive in skimpy summer outfits. They dance in synchronization along the pier with foxy and the front leading them, holding the purple umbrella. He then says ‘its non-stop fun at foxy bingo.com!’ It then shows them on the rides at the pier, and foxy says ‘giddy up Gertie, wahoo!’ whilst on the carousel. The final narration is ‘find your fun at foxybingo.com’ with an areal shot of the pier and the text ‘£5 Free’ and foxy says ‘get five quid free’.

The structure at the beginning has direct connotations with appealing to someone who is feeling down or depressed, having a rainy patch in their life. Foxy symbolises happiness and positivity, making the customer think this product will improve their value of life and their emotions. This direct emotional appeal portrayed via the structure of the ad is a very important psychological technique.

Persuasive Techniques:

I guess this advert has a surreal aspect, as a first time viewer would have no idea what the product is, and the fox character is surreal too. This intriguing aspect can be bewitching for the viewer.

It is also humorous, it's not everyday you see a fox holding an umbrella dancing down the pier. Furthermore, the innuendos are an underlying humorous aspect, deigned to make the watcher remember the brand.

I would also say it uses the persuasive technique of sex too. Following on from the innuendos, the dancers also are wearing small bathing suits which attract sex appeal. It makes the brand seem saucy and naughty, maybe attracting someone who does not have this aspect to their life.

I would say the persuasive techniques of this advert are very effective because for me, someone who would never be a consumer of this product or go on the website, I nevertheless remember the mascot and adverts alike.

ASA Rulings:

Due to the youthful appeal of this advert, it had problems with who the advert was aimed at;

Issue: The ASA challenged whether the ad, and the fox character in particular, was likely to be of particular appeal to those under-18 years of age.

Response: Foxy Bingo said their fox character had always been aligned with adult, celebrity mainstream culture and traditional British innuendo, which they considered intentionally distinguished him and the Foxy Bingo brand from youth and youth culture. They said other marketing activities involved the fox character giving away a hair-removal product; an appearance in a glossy magazine; and a speed-dating event.

Foxy Bingo believed the fox character was not a particularly recognisable character for children; was not a youthful character; was not presented in a youthful environment; had never been a children's entertainment figure; and had never been aimed at, aligned with or used to promote anything that was considered part of youth culture.

Assessment: Not upheld

The BCAP Code stated that ads for gambling must not be likely to be of particular appeal to under-18s, especially by reflecting or being associated with youth culture. Gambling ads could not therefore appeal more strongly to under-18s than they did to over-18s. They accepted that aspects of the fox character's style, namely his purple coat and dandy walk upright on his hind legs, resembled a children's cartoon character (Mr Tod from the Beatrix Potter stories that were currently being broadcast on children's TV channels). However, they also considered that other aspects, such as his song-and-dance style, speaking voice and interaction with adults, were very distanced from the behaviour of the children's character.

They investigated the ad under BCAP Code rule 17.4.5 (Gambling), but did not find it in breach.

Action: No further action necessary.

Coco Madamoiselle Advert Analysis

Coco Mademoiselle Advert Analysis

This glamorous television advert is a commercial for ‘coco mademoiselle’ perfume, which is made by Chanel. The advert is shot in the feature of a short-film, showing a rich and elegant lifestyle. The advert was released over the winter Christmas shopping season, for obvious reasons to suggest a lover or family member to buy this product as a present. The advert has gained extreme recognition, due to the fame of the well-known brand; it’s obviously well-funded budget and the celebrity endorsement of BAFTA-nominated actress Keira Knightly.

Brand Identity:

The companies’ slogan is: "To be the Ultimate House of Luxury, defining style and creating desire, now and forever."                                                                        
The brand identity is one of class, richness, desire and temptation. This can be seen in all aspects of the advert; the actor’s outfits, for example Keira Knightley’s sexy and expensive-looking all-in-one beige motorbike suit, with heels, bike and helmet matching. The setting of the advert seems to be in old-time Italy, a country renowned for fashion & romance. The end of the slogan ‘now and forever’ suggests a sense of timelessness; Chanel has always been a highly regarded brand, and even today as they uphold their styles of tradition and elegance. They have upheld this theme for their whole history of advertising and have a strong sense of brand identity that the target audience can identify with.

Target Market Audience:

The product is aimed towards females, probably of a more mature age, 30-49 years old. I would expect the consumer to be married, and relatively well off. Due to the casting of the advert, I would suggest a white ethnicity. (NRS ABC1) (Y&R ASPRIRER)

The customer will have a relatively well-paid job and a fair amount of disposable income in order to afford the product (can cost up to $100 a bottle). They will have a lot of security and luxury, the reason I say security, specifically economic security, is because very often a woman will wear the same fragrance, perhaps, for life. Therefore she must be able to afford 2-3 bottles per year. 

I would say the person most likely to buy this product on the back of this commercial however is not the consumer herself, but more likely her husband or children. This is due to the airing slot of the advert- over the holiday season. I also appeals to a younger audience, perhaps teenagers or early twenties. This is because of the youthful love affair, something which females of any age dream about.

Structure:

The advert is displayed as a story; it has structure and follows a realist/linear narrative. The female protagonist is depicted as strong, independent and courageous. There is also an element of mystery. The structure is almost like a fairy-tale, with gender roles switched; the courageous woman on a journey to find her lover. This brings a sense of enchantment to the product and the brand alike.

This advert is part of a series of adverts released by Chanel, so it could be considered as a series as opposed to a stand-a-lone. Although the other adverts such as ‘she’s not there’ and ‘The one that I want’ are linked to this commercial in terms of the same actress and style, each advert has its own narrative (although mirroring the ‘strong female’ attribute) and they do not link to each other via a continuing narrative.  

 

 

 

 

Persuasive techniques:

The clear technique used in the commercial is that of celebrity endorsement. Knightley is incredibly well known actress, starring in classics such as ‘Pirates of the Caribbean’ and ‘Pride and Prejudice’. Many women aspire to be like her, she is beautiful and strong. This use of celebrity endorsement is a key tool to making viewers firstly identify with the ad, and secondly aspire towards buying the product. It is therefore a very effective means of persuasion.

Continuing on from this point, the use of celebrity endorsement also makes the product have a star-studded status, which appeals to the Y&R Aspirer. Furthermore, it builds brand equity and makes it stand out in an overly saturated market.

The ad also uses sex appeal as persuasive technique. There is a sexual tension ringing through the advert from end to finish. The use of two good looking actors with a strong sense of desire and passion makes the customer think the product will enhance their attractiveness and make them more sexually appealing.

 

ASA Rulings:

Complaint Ref: A12-210167: A TV ad, for the perfume Coco Mademoiselle, included scenes that showed the actress Keira Knightley being photographed on a bed. The photographer was shown unzipping her clothes before she undressed herself, showing her shoulders and part of her back. The actress was then shown dressed only in a bed sheet crawling towards the photographer before lying back on the bed. The photographer appeared about to kiss her when she put a finger to his lips and said "lock the door". Clearcast cleared the ad with no scheduling restriction.

Issue: The complainant, who saw the ad during the film Ice Age 2, challenged whether the ad was suitable to be broadcast during a film that was likely to appeal to children, because she believed it was overtly sexual.

BCAP Code: 32.3

Assessment: Upheld- The ASA acknowledged that the undressing in the ad took place in the context of a photo shoot but nevertheless considered those scenes involved sexually suggestive content. We noted that the photographer was directly involved in unzipping the actress's garments and that there was a suggestion that she was naked aside from a bed sheet. We also noted that there was clear sexual tension between the pair and that they appeared about to kiss on the bed. We noted that Ice Age 2 was of particular appeal to children. We considered the ad was suitable for older children, but that the sexually suggestive material was unsuitable for young children. We therefore concluded that the ad was inappropriately scheduled and an ex-kids restriction should have been applied to prevent the ad from being broadcast in or around children's programming.

The ad breached BCAP Code rule 32.3 (Scheduling).

Action:  The ad must not be broadcast again in its current form in or around programmes of particular appeal to children.