07/09/2015AdvertisingRegulationMIT32141 Advertising and Controversy.

23-04-21 AdvertisingRegulationMIT3214 1

Advertising and Controversy


Why Regulate?1. Unfair commercial practices re: false claims

2. Protect young, susceptible to manipulation

3. Risky products (alcohol/tobacco)

4. Pritchard/Vogt, -Advertising & Marketing Law in Canada- (2009, 3rd ed.)

Ad Regulation (State)

Industry Canada Competition Act/Competition Bureau http://www.cb-bc.gc.ca/eic/site/cb-bc.nsf/eng/0277

6.html Advertising as Information-in-Marketplace Thesis



Advertising Regulation (State)1. CRTC (Code for Broadcast Advertising)

1. http://www.crtc.gc.ca/eng/info_sht/b300.htm

2. CBC1. www.cbc.radio-canada.ca/docs/policies/advertisi

ng.shtml


Advertising Standards Canada Canadian Code of Advertising Standards 2007 Ad Complaints Report http://www.adstandards.com/en/standards/

2007AdComplaintsReport.pdf 1445 complaints; 193 upheld (13%) TV (59%); Internet (8%) Categories:

1. Retail 2. Food/Supermarket 3. Automotive Clause 14 (Unacceptable Depictions); Clause 1

(Accuracy); Clause 10 (Safety)


One Citizen’s Complaint

Advertising Standards Canada

Saab Ad Overt Meaning Implied Meaning

Multiple levels of communication

High-Risk Products

Tobacco, Alcohol, Pharmaceuticals

Brand switching Ad ban/regulation and

Marketing Innovation/ Creativity



Tobacco Promotion: Advertising BansPhase One: Pre-1988 Voluntary restrictions

(radio/TV) Some newspapers ban

Phase Two: Tobacco Products Control Act, 1988

advertising ban Sponsorship restrictions Health warnings


Tobacco Products Control Act (TPCA) Most severe restriction

of commercial speech Canada as world leader

in tobacco control


Court Challenge (1990s)Tobacco Companies: restrict commercial free speech legal product Other unhealthy products brand switchers only

Ottawa: Advertising’s persuasive effect Promotes youth

smoking/starters low tar/nicotine promotion

deceptive

Supreme Court Ruling: 1995

Strike down Tobacco Products Control Act

Total ban too severe Ban OK for lifestyle/

minors-directed ads But not “informational” or

brand ads



Tobacco Act, 1997

Distinguish btwn information/brand (allowed) and lifestyle/image (banned) advertising

Info/brand advertising allowed: publications (85% adult readership) mailed to

adult individuals signs where minors not allowed (bars)

upheld by Supreme Court, 2007


Social Acceptability/Advertising reinforce social

acceptability of smoking

lessen health worries stronger self image

among smokers promote starters


Sponsorship Advertising, 1980s/2003 Export A/Team Player's

car racing/sports Matinee Fashion Foundation du Maurier Arts Council Benson & Hedges –Gold

Club Series “Squeezing the Balloon”


Sponsorship Ads

social acceptability neutralize health concerns

(no warnings) Fairness Doctrine/US

lifestyle advertising “stealth marketing”


du Maurier Arts Council (1971-2003) $58 million to:

Performance groups; visual arts groups

Tobacco Canada Artistic Development Board Council, 2003 visual arts, cinema, video, multi-

media programs 41 awards (2003/04)


Context

Declining state support for arts (1990s)

rising business support ITL philanthropy and

post-secondary sector 15 to 30% of overall

donations in 2000s


Why universities/colleges?

Respectability/Legitimacy Young adult market (19+) Good Publicity

Help “Starving Students”


Why Artists?

individualism/independence freedom avant-garde dissent, social critique creativity Authenticity


Philip Morris/Art Sponsorship Early corporate art

sponsor (1960s) Avant-garde/

contemporary art Pop Art Conceptual Art


Philip Morris and Pop Art

“11 Pop Artists” 1965 A. Warhol R. Lichtenstein

Europe/US 2-yr tour credibility of Pop Art PM as Sponsor

commissioned works


Pop Art

Radical break with Abstract Expressionism

Material goods, Hollywood, comics, celebrity

Consumer Art


Pop Art: “11 Pop Artists”

1. consumer good as High Art

2. innovative art=innovative firm

3. non-political art

4. individual expression/choice in consumer society


Conceptual Art

PM sponsor shows in late 1960s/70s Richard Serra, Eva Hesse challenge very definition of Art

affirm conceptual underpinning, not execution or object as art


Conceptual Art –R. Serra


Conceptual Art- Eva Hesse


Conceptual Art: Bruce Nauman


PM and Jasper Johns

1. Retrospective 1977

2. gallery goers/ creating goodwill with “opinion leaders”

3. A/B classes

4. Legitimacy Crisis


Creativity/Business Innovation1. Theory Y/ 1960s/70s

2. Marketing ethos

Employee Morale

1. Internal culture

2. Recruitment and retention


Corporate Image/Public Relations Not brand promotion Art audiences, small; A/B classes

Smokers C/D classes (festivals, sports, etc.) Goodwill re: political/business elites Pierre Bourdieu /symbolic/cultural capital Art and “The Good, The True, The Beautiful”


Exchanging Capital (Bourdieu)

1Financial capital Sponsor Philip Morris

2 Symbolic capital Sponsored artist/museum

3. image/transfer to company goodwill

dollar value neutralize critics (state;

health lobby)


Art/Tobacco Companies

Corporation/Marketplace Employee relations progressive corporate image ‘cutting-edge’ marketing

Public Sphere ideology Individual freedom/commercial

speech challenge social status quo/public

authority cultural capital (social/political

power)

07/09/2015AdvertisingRegulationMIT32141 Advertising and Controversy.

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