EACA Monthly Newsletter May 2004
May 2004Advertising to children
Ireland - Children´s Advertising Code consultation ends
The consultation on the Children´s Advertising Code, proposed by the Irish Broadcasting Commission, ends officially on 30 May. The main questions relate to the age that should be adopted to define a ”child“, as well as a definition of ”children´s advertising“. The future Code framework should be based on the current regulations on advertising to children from the 1995 Irish Codes of Standards under section 14 and 15(a).
Alcohol
Council to adopt Conclusions on alcohol harm reduction among young people
The Employment, Social Affairs, Health and Consumer Protection Council that will meet on 2 June, is expected to adopt Conclusions on alcohol harm reduction among young people.These should follow the Council Conclusions adopted in June 2001 and the relevant Recommendation (on drinking of alcohol by adolescents and young people). A comprehensive EU strategy on alcohol and health, to be presented in 2005, will be subject of consultation with stakeholders later this year.
Intellectual Property
Bulgaria - Ban on spirits advertising
An amendment to the national Health Act, banning the advertising of spirits, was adopted by the Bulgarian Parliament. Only indirect advertising after 22.00h (10pm) will be allowed. The Television and Radio Act distinction between direct and indirect advertising has been the object of criticism.
France - Possible Loi Evin exemption for wine
The French Senate adopted on 5 May an amendment to the draft law on development of rural territories. It intends to authorise collective advertising campaigns for wine. This amendment introduces a derogation to the Loi Evin and will be transmitted to the French Parliament for a second reading. A Parliamentary study group on wine-production is examining further possibilities to reviewing the Loi Evin, and intends to present its report to Prime Minister Raffarin on 15 June.
Germany - Law on alcopops adopted by the Bundestag
A law imposing taxes and health warnings on alcopops, to reduce alcohol consumption by young people, was adopted by the Bundestag on 6May. It will enter into force on 1 July.The law foresees an 84cent tax per bottle of 275 ml of alcopops and compulsory health warnings on bottles. Several legal experts have argued that the law is anti-constitutional.
Sweden - New advertising restrictions to be proposed
After the Swedish Market Council ruling in 2003 that found the existing ban on alcohol advertising not proportionate, new proposals have been drafted to restrict alcohol advertising in Sweden. These could be presented to the Social Affairs Ministry at the end of May. The new law is expected to severely restrict advertising, and impose health warning messages.
Audio-visual policy
Recommendation on protection of minors adopted
The Commission adopted a Recommendation on the Protection of Minors and Human Dignity and the Right of Reply on 30 April. The text aims at fostering a climate of confidence in internet and broadcast services, where a certain sort of content (aggressive, racist, pornographic ?) can be harmful to minors. The Recommendation calls on Member States to widely promote media literacy and education programmes, and asks industry and other concerned parties to set up a system of common descriptive symbols allowing to identify the content of programmes. Harmonisation through closer co-operation between self-regulatory and co-regulatory bodies in the Member States, is also suggested.It further prompts Member States to ensure the right of reply for any natural or legal person whose interests particularly reputation and good name have been affected by an assertion of facts in a publication or transmission.
http://europa.eu.int/comm/avpolicy/legis/legis_en.htm#Directives
New advertising techniques interpreted in light of TVWF
The Commission adopted an Interpretative Communication on Certain Aspects of the Provisions on Televised Advertising in the TVWF Directive on 23 April.
In the Communication, the Commission finds that new advertising techniques are compatible with the TVWF Directive insofar these respect a clear separation between editorial content and advertising, and respect the Directive´s limitations on advertising quantity and duration.
It contains rules adapted to tele-promotion spots, tele-shopping, split screen advertising or sponsorship, interactive advertising and virtual advertising. It further tries to describe ”surreptitious advertising“ as ”the representation of words or pictures of goods, services, the name or trade mark of a producer of goods or provider of services, in programmes when such representation is intended by the broadcaster as advertisement and might mislead the public as to its nature.“ Three cumulative elements will help in defining whether the representation should be considered as surreptitious advertising: it must be intentionally placed by the broadcaster (in return of payment or similar consideration), must have the effect of advertising, and potentially mislead the public as to its nature.
http://europa.eu.int/comm/avpolicy/legis/key_doc/legispdffiles/com04-int-c102-e
Report on broadcasting in new Member States published
The executive report of a survey on the broadcasting industry and legislation in the new Member States was published on the Commission website on 10 May.
The survey (Survey of the landscapes and political policies of the European Community candidate countries in the broadcasting industry) shows that advertising revenue largely supports broadcasting in the new Member States and that the application of the recently implemented TVWF Directive in national law could still make some progress.
http://europa.eu.int/comm/avpolicy/stat/2002/5886_imca/59-02-summary-en.pdf
Enforcement
Enforcement Regulation adopted
The proposed Enforcement Regulation, which aims to crack down on rogue traders, was adopted by the Competition Council of 18 May. The Council agreed to the latest draft adopted by the Parliament at its April plenary session. The new Parliament will need then to give final approval to the proposal in the Autumn. The Enforcement network should start working in 2006. The Regulation is aimed at cross-border breaches of EU consumer protection law and will set up effective cooperation between national enforcement authorities.
Obesity
WHO Global Strategy adopted
The WHO adopted a Global Strategy on Diet, Physical Activity and Health in its annual Health meeting in Geneva on 22 May. The Strategy offers a very comprehensive approach to the growing obesity problem. It suggests a variety of initiatives such as health literacy programmes for adults and media literacy for children in schools. In terms of advertising, sponsorship, and promotion, governments are invited to develop appropriate multi-sector approaches to ”deal“ with the marketing of food to children. The advertising sector is invited to promote advertising that would show ”positive and healthy messages“ rather than encouraging unhealthy dietary practices or physical inactivity.
Food research to establish link between advertising and child obesity commissioned
A 32-months research project aiming at ”providing evidence about the impact of advertising and promotion of foods high in fat, salt and sugar to children and to help European Union countries develop policies to prevent childhood obesity” has been launched on 4 May by The European Heart Network and 20 national Heart Foundations across Europe.
The results of the study, expected by April 2007, will lead to a proposal for a pan-European action programme to address childhood obesity.
It will be supported by the Commission´s Public Health Programme, and be undertaken in cooperation with the European branch of the International Diabetes Federation and the International Association of Consumer Food Organisations (IAFCO).The study will try to identify the influence of food marketing practices on current consumption patterns of children and young people, and will compare existing policy options (legislation, self-regulation and other initiatives). Possible strategies and measures will be proposed.
UK - House of Commons Obesity Report published
A scathing report by the House of Commons Select Health Committee alerts Ministers on critical increase of childhood obesity levels and calls for more effective action. The Health Committee report states that obesity in the UK has grown by almost 400% in the past 25 years, and that three-quarters of adults are now overweight or obese. Childhood obesity has tripled in the twenty years. As obesity is linked to diseases such as heart diseases, diabetes (type 2), renal failure and even various cancers, the cost of overweight and obesity is estimated at up to £7.4 billion a year.The report warns against simplistic solutions, and supports complex and multifaceted solutions involving all players. It suggests:
launching public health education campaigns
an industry-led voluntary withdrawal of TV advertising of unhealthy food to children, together with a wide-ranging review of all forms of food promotion
action to reduce the promotion and availability of unhealthy food in schools
industry should take active steps to reformulate foods to reduce their energy density, together with affordable prices
increase physical activity in schools
promote walking and cycling rather than use of cars or public transport
establish a strategic framework for preventing and treating obesity within the NHS
children should be screened for overweight and obesity annually within school settings
http://www.publications.parliament.uk/pa/cm/cmhealth.html
New private Bill to ban food advertising to children
The British MP Debra Shipley has now introduced a second version of a Private Bill, that intends to ban marketing of ”unhealthy“ foods at children and a stricter control on school food.
The text of this Bill was developed by Sustain, a pressure group that aims at promoting better food with the support of other 114 organisations. The UK Culture Secretary, Tessa Jowell, has said that she does not exclude the possibility to ban advertising but that obesity was a complex problem.
Sales Promotion
Draft Sales Promotions Regulation compromise text rejected
The Competition Council of 18 May rejected the Irish Presidency compromise proposal of the Sales Promotions Regulation. The Commission had pointed out that the ”mutual recognition“ clause in the proposed draft, was essential for its adoption. Member States expressed widely diverging opinions on this principle, varying between total opposition and exemption requests for certain product categories. Germany said that sales promotions should be rather dealt with by the Unfair Commercial Practices Directive. Only Spain stood its ground in favour of the proposal. Finland and Belgium abstained. It is still unclear what the different Institutions´ intention is: send the proposal back to COREPER, have the proposal withdrawn by the Commission, or ask the EU Parliament for their opinion.
Self-Regulation
Self-Regulation Summit to be held on 25 June in Brussels
The European Advertising Standards Alliance is organising a Self-Regulation Summit on 25 June to publicly demonstrate industry´s involvement in self-regulation. A Charter for a new best practice self-regulation system will be signed in presence of the Commission.
http://www.easa-alliance.org
EACA Resolution on Self-Regulation adopted
A nine-point Resolution on Self-Regulation has now been formally adopted by EACA. It formalises agencies commitment to self-regulation.The European Association of Communications Agencies (EACA) hereby declares the following nine-point resolution on behalf of its agency & national association members in Europe:
Organisation & funding
1. The EACA commits itself to the principle of self-regulation of all advertising, sales promotions, direct marketing and other forms of commercial communications across Europe.
2. The EACA pledges its wholehearted support for the mission of the European Advertising Standards Alliance (EASA).
3. The EACA will work closely with advertisers and media to ensure that there is adequate, robust and sustainable funding of the individual self-regulatory organisations (SROs) in each European country.
Codes & observance
4. The EACA and its member agencies commit to abide by the letter and the spirit of the codes of advertising, sales promotion, direct marketing and other forms of commercial communications which apply in each of their countries.
5. The EACA and its member agencies will work closely with the advertisers, media owners and EASA to ensure that these codes are reviewed regularly, taking into account the needs of all stakeholders, to ensure they reflect changes in markets and in public opinion.
6. The EACA recognises that as media and markets gradually converge, so should the self-regulatory codes. The EACA undertakes to work to facilitate pan-European campaigns and thus ensure customer confidence in commercial communications across Europe.
Enforcement & sanctions
7. The EACA will work closely with advertisers and media owners to ensure that any creative work against which a complaint has been upheld as part of the recognised national self-regulation adjudication process is removed as quickly as possible from public view.
8. The EACA?s member agencies and the members of EACA?s national associations will not allow any creative work which has been disallowed or had a complaint upheld against it by its national SRO to be entered into any awards scheme or competition under their control.
9. The EACA calls on the organisers of all awards competitions to adopt the same rules.
As at 7 May 2004, Zürich.
Unfair Commercial Practices
UCP Directive compromise adopted by Council
The Irish Presidency compromise proposal for the Unfair Commercial Practices Directive was adopted, after heated debate during the Competition Council of 18 May. The ?1country of origin“ clause in Article 4 (1), that the Presidency had deleted from the previous draft, was not reintegrated in the text, although the UK, Luxembourg, Estonia, Slovenia and the Netherlands demanded its reinstatement.
The proposed derogation period (that allows national laws to disregard the directive) of 5 years was extended to 6. Italy, Sweden and Denmark even asked for an ”unlimited“ derogation. The notion of ”average consumer“, supported by industry, was maintained, although heavily criticised, as many Member States prefer to speak of ”vulnerable consumers“.
EACA - First Pharma Group meeting held on 28 May
The first meeting of the Pharma Group was held at the suggestion of France´s AACC Health Care Group, chaired by Michel Nakache, Chief Executive Europe & Asia of Euro RSCG Life. The idea is twofold: firstly to exchange best practice and successful experiences, for example in the field of pitches, between the various national associations, agency networks and independent agencies. Secondly, to establish at EU level effective coalitions to lobby in favour of a more liberal approach towards consumer information and advertising. A second meeting will be held in October 2004.
EACA member agencies are invited to indicate their interest in participating to this group by contacting Maryke Lefebvre, by e-mail:maryke.lefebvre@eaca.be
UK - Initiative of 106 Organisations calls for Ban on ?Junk Food? Advertising
Registrations to the 2004 French EFFIE awards are now open until 10 June.
http://www.effie.fr
Hungary - MAKSZ announces the 4th Prince Awards
The best public relations films, videos, and multimedia creations will be awarded Prices during the 4th International Public Relations Film, Video and Multimedia Festival in Budapest on 1st October 2004. The festival is being organised jointly by MAKSZ and the Foundation for the Development of Public Relations in the organisation of Momentum.
http://www.princeaward.hu
UK - IPA holds interactive TV advertising seminar on 23 June
This half-day seminar will explore latest developments in running interactive TV advertising campaigns. To register, please call Alex Rogers at telephone: +44 207 201 82 34 or e-mail: dmg@ipa.co.uk
