The Gazette 1983

APRIL 1983

GAZETTE

Self-regulation for Advertising M EMB ERS of the advertising profession and the public — through consumer-related organisations —

should and do contain much more besides. There is a lot of loose talk about a lack of truth in advertising. Much of this is generalised folklore which has little basis in fact and those indulging in it never seem to get down to specifics. It would be very foolish to suggest that all advertising was above reproach in the matter of truthfulness but there are some powerful safeguards and protections of which people should be aware, and the first one is that no reputable advertiser would risk his good name by untruthful or misleading advertising." Information is an important element of most advertising and from time to time there are calls for more information in advertising — calls which come close to the theme of the symposium — "The whole truth". Advertising must respond to consumer requirements in terms of information needed to make a purchasing decision, and the amount of information needed depended on the type of purchase involved. Mr Nolan submitted that if advertisements were to contain 'Nothing but the Truth' they would be dull, boring and ineffective and, therefore, they should and do contain much much more and are all the better for that. Advertisements inform, amuse, entertain, advise and persuade. They are commercial advocates and, like their counterparts in the courtroom, never confine themselves to 'Nothing but the Truth' — but use a little drama and a little humour or a little human interest to influence the jury in favour of their client. Strict Code in force The Director of Consumer Affairs, James F. Murray, outlined the role of his office in relation to advertising and in the establishment of the Advertising Standards for Ireland. The Chief Executive of that body, Kevin O'Doherty, explained that it is a voluntary self-regulatory body to promote and enforce the highest standards of advertising in all media. The code of Advertising Standards has been widely distributed and it is a condition of membership of the Authority that no advertisement can be published that does not comply with the Code. Consumer interests are represented on the Authority by the five members appointed by the Director of Consumer Affairs who also appoints the independent Chairman. Complaints are investigated if the Code is though to have been breached. The Authority monitors advertisements to identify any which might contravene the Code and appropriate action is then taken if required. A pre- publication vetting service of advertisements is also provided. The code is interpreted by the Authority and a decision on whether or not an advertisement contravenes the Code can be taken only by the Committee of Management. The Code is not a legal document, but A S A I members are subject to sanctions. A member can be fined or suspended or both or expelled for a breach of the Code. The progress made since the Code was published last year is regarded as 67

attended a symposium on advertising at Blackhall Place in February and were welcomed by the President, Michael P. Houlihan, who expressed appreciation of the self- regulatory body set up by advertisers, advertising agencies and the media with consumer representation. He referred to the Society's Wills Week campaign and said that while it was difficult to estimate the feed-back from such an exercise, "the Society was satisfied that the money expended, which was in excess,of £ 2 5 , 0 0 0, which is a lot of money for a profession of 3 , 200 odd solicitors was well spent, and it is probably an exercise that we will indulge in in the future in different facets because what we as a profession have to be seen to do for the future, is to get into the more positive field of promotion of matters relating to the law and professional interests." Conscientious advertisers The symposium was organised under the title "Nothing but the Truth" and Brian Walsh, President of the Association of Advertisers in Ireland and Marketing Manager of W. & C. McDonnell Ltd., claimed that it is the advertisers themselves who have the greatest interest in making sure that advertising is above reproach. "The vast majority of Irish advertisers are highly conscientious and extremely careful to ensure that their advertising is truthful and does not mislead consumers. It is not in any advertisers interest to mislead consumers — a consumer who buys a product which does not live up to what is claimed for it in its advertising is unlikely to repurchase. An advertiser who promises more for his product than his product can deliver is not just misleading the consumer, he is also cheating himself and he will fail. The consumer will find him out very quickly and will take the most effective action that can be taken against such an advertiser, that or not buying his product." ., He considered it essential that a strong body shou d exist to maintain a code of standards which will be ngicUy adhered to, and which has power to enforce the standards. Voluntary control, as opposed to legal control, was important because advertising would cease to be effective if there is general cynicism as to its honesty; legislation is apt to be rigid and frequently open to widely different interpretations. Action could be taken in the courts against advertising under the Consumer Information Act, but he felt this would be wasteful and unnecessary. The judgment of whether advertising is misleading or untruthful or is merely using accepted hyperbole, is more often than not a matter for commonsense rather than legislation. A plus factor A former President of the Institute-of Practitioners in Advertising in Ireland, James Nolan, Deputy Managing Director of Arks Ltd, was clear in avowing that ad- vertisements should, and do, contain the truth but they