Monday, 12 January 2015

Legal and Ethical Issues

Legal and Ethical Issues: 
BBDO - Mercedes Smart Car: The Unexpected Test Drive

a) The advert's impact and effect on the audience
My research shows that the advertising campaign made the audience more aware of the issues surrounding parking and high congestion in overcrowded cities, and appreciated the benefits people who live in the city would get out of having a substantially smaller car. However, the conclusive evidence shows that small cars are just not practical for the individual for personal reasons, ie. it's too small for a family. By carrying out further research in areas such as London, I feel that Smart cars would be of more interest.

b) Relevant issues of representation
The advert represents issues surrounding parking in Russia, representing the situation of not being able to park in large cities. BBDO focussed on Russia because they appeared to be having the most problems with high congestion charges, parking, and getting their large cars towed away. The audience will generally all interpret the campaign in the same way, as BBDO has made it clear that they are using Russia as an example because they are facing particularly bad problems with parking etc, and that Russia represents all cities.

c) Relevant legal and/or ethical issues
There are no current ethical or legal issues regarding this campaign. However, one thing to consider is the opinions of the drivers. In the advert, for example, BBDO shows some reactions and buzz surrounding their campaign, and how the word spread via social media. In the video ad, it says that the campaign created $150,000 of earned media. The test drivers also claimed to all be very satisfied and posted about their experience on Facebook. Would could be questioned is whether they were the true opinions of the drivers, or whether they have been encouraged to add positive reviews, by BBDO to further push the idea of Smart cars being the best cars, and to make the audience believe that they are.

Legally, when a company makes a claim about their product, they have to be backed up with scientific evidence. The Consumer Protection from Unfair Trading Regulations means that you (as a company) can't mislead or harass consumers, in this case by including false or deceptive messages. BBDO have made sure to include scientific evidence to back up their claims, saying that there was a 70% conversion rate. Whereas with the comments on Facebook, there is no way to provide solid proof that the drivers who tested the Smart cars actually are true believers of the cars, which could raise possible issues.

d) Role of relevant regulatory bodies
All advertising is regulated by the ASA - Advertising Standards Authority

The ASA is a self-regulatory organisation of the advertising industry in the UK. It's a non-statutory organisation and so it cannot interpret and enforce media laws. However, it's codes of advertising practice reflects the principles of media law often.

The advert has to be:
  • Legal
    • Backing up claims with scientific evidence
  • Honest
  • Decent
    • IE no nudity in adverts, eg shower gels
  • Truthful

"The UK's Independent Advertising Retailer"
  • Advertising is affected by the changing concerns of society
  • Growth amongst multimedia platforms
    • Campaigns that go across a multiple number of platforms (Twitter, Facebook, Radio, Television)
  • Sophisticated and visually literate audience
    • Aware of the line drawn between truth and fiction
Ad Bank: Non-broadcast ads

Misleading Ads
  • No advertisement should mislead, or be likely to mislead, by inaccuracy, ambiguity, exaggeration, omission or otherwise
  • Marketers must hold documentary evidence to prove all claims, whether direct or implied that are capable of objective substantiation
  • Marketing communications must be obviously identifiable as such
Harmful Ads
  • Ads must be prepared with a sense of responsibility to consumers and society
  • Ads for age restricted products like alcohol and gambling must not be targeted at or likely to appeal to an audience under the age of 18
Offensive Ads
  • Advertisements should contain nothing that is likely to cause serious or widespread offence.
  • Particular care should be take to avoid causing offense on the grounds of race, sexuality, gender and disability.

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