Self-regulation:

1

• Self-regulation
• Money down the drain
• ...or life jacket for the advertising industry?

Dominic Lyle Director General EACA
2
What is self-regulation?

• Industry polices itselfto make sure ads are
  legal, honest, truthful and decent
• Standards rules
• National SROs apply rules

We love advertising so much that at times we
have to restrain it
3
What is a Self-Regulatory Organisation (SRO)?

• Advertising Watchdog
• Independent body, guardian of the code
• Funded by industry
• REACTIVE
• Handles consumer competitor complaints
• Issues sanctions (modify or withdrawal)
• PROACTIVE
• (EASA Best Practice)
• Advice, training and awarenessMonitoring
  compliance with the codesBenchmarking

4
Complaints handling in Europe

• SROs in Europe deal with /- 50,000 complaints
  every year
• This represents less than 0.1 of total number of
  ads published

Advantages of complaint handling through SROs

• Quick complaints usually handled within 3-30
  working days
• Cheap usually complainant does not have to pay
• Easily accessible
• Industry listens to SRO rulings -gt effective
  sanctions

5
Examples of complaints indecency
Ireland - Outdoor poster Complaint Offensive,
direct link to sex, not suitable for
children Ruling Complaint upheld Sanction
Campaign withdrawn report released
Spain - Outdoor poster Complaint Woman portrayed
as sex object Ruling Complaint upheld Sanction
Campaign withdrawn worldwide after similar ruling
in Italy
6
Misleading ads 1 reason to complain

• UK ad in various media
• Complaint unsubstantiated claim
• the products antioxidants could
• help keep people healthy
• Ruling Complaint upheld
• Sanction Campaign withdrawn
• Cost 15million
• Contract with agency terminated

7
Digital media

• New challenge
• No need for new code -gt need for application of
  established principles to new circumstances

EASAs digital strategy

• Will not include editorial content
• Still discussing brand-owned websites
• Brief Commission in April 2008
• Finalise strategy and best practice
  recommendation by mid 2008

Crazy frog - offer not transparent- appeal to
children
8

EASA European Alliance for advertising
self-regulation

• Promoting responsible advertising through
  best practice in self-regulation
• 31 SROs in 29 countries
• 25 European SROs
• 6 corresponding SRO membersAUS, BR, CAN, IND,
  NZ, SA
• 16 industry organisations
• Advertisers
• Agencies
• Media

9
Promoting effective self-regulation?

• June 2004 EASA members publicly signed the
• EASA Advertising Self-Regulatory Charter

• Geographical coverage
• Media coverage
• Funding
• Codes
• Consultation

• Administration
• Complaint handling
• Advice
• Sanctions
• Consumer awareness

2004 Summit Advertising Self-Regulation
Launching a better system for a bigger Europe
10
Charter Commitments

• Feb 2005 EASA white paper presented to
  Commissioner Kyprianou gtEASA pledged to report
  on EU-25 implementation by end 2007.
• EASA introduced  Get fit programme  to meet
  targets
• During the same period DG Sanco Advertising
• Roundtable discussions were organised on basis of
  
• EASA Charter

11
Comments from EU Advertising Round Table

• The Round Table agreed on a best practice model,
  which coincides with the essential thrust of
  recently adopted EASA best practice

I am confident that self-regulation will be
given the full weight in societys choices among
the menu of regulatory options.
Robert Madelin, Chair of EU Advertising Round
Table
12
SR works is getting stronger

• Geographical coverage
• gt 81 of EU-27 (5 SROs more)
• Operational SROs Poland Lithuania
• SROs in progress Cyprus Estonia
• Monitoring
• gtEASA BP Recommendations EASA BP Compliance
  model

• Jury composition
• EASA BP recommendation on jury
• composition incl. Lay experts

13
Recognition of SR
Commissioner Meglena KunevaDG Sanco Consumer
Protection Self-regulation today has a truly
European dimension, thanks to the work that has
been carried out by the European Advertising
Standards Alliance over the years. I am sure that
we can go further together to establish
advertising self-regulation as a living best
practice model - it has an important role to play
in a modern and efficient regulatory framework.
Robert Madelin - DG Sanco the willingness of
EASA and all others involved in the current
debate to explore what a strategic improvement
in SR quality might involve, does create some
confidence that SR is capable of a sustained
move over time towards a level of heightened
effectiveness.

• Commissioner Viviane Reding
• DG InfsoThe increasing sense of responsibility
  of the advertising industry could in my view lead
  to deregulation in the field of advertising

14
SR mentioned in several directives EU
publications

• Audiovisual Media Services Directive (Dec 2007)
• Article 3 (7) states that co- and/or
  self-regulation have proven to be valuable
  instruments in some Member States. The AMS
  obliges the Member States to encourage such
  mechanisms at national level in the fields
  coordinated by AMS to the extent permitted by
  their legal systems.

• Food white paper (May 2007)
• The white paper recognises the added value
  of and supports advertising self-regulation.

• Unfair Commercial Practices Directive (May 2005)
• Articles 10 and 11 of the UCP recognise the
  valuable role played by voluntary business
  self-regulation.

• EU Alcohol strategy (2006)
• Commission does not intend to implement the
  strategy through specific new legislative
  proposals

15
Conclusions

• Self-regulation works and is recognised as such
• Defined model for effective self-regulation at EU
  advertising Round Table organised by DG Sanco
• Definitions in the Inter Institutional Agreement
  need to be revised to reflect reality

16

• This is not so much a debate about
  self-regulation against hard-law, but rather
  about how law and self-regulation can and should
  interact in modern Europe

Conclusion Robert Madelin, Chair of the
European Advertising Round Table organised by DG
Sanco