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LO2 Assessment Activity 3 (Unit 20)

Page 250 Part 2

Distinction Criterion D1 (in addition to P2, P3 and M2)
 
Assignment: 'Produce an extended piece or written text discussing the legal and ethical constraints of your planned advertising campaign.'
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*THIS IS ALL FROM THE GUIDELINES OF THE ADVERTISING STANDARDS AGENCY IN PARLIAMENT, LONDON.

Legal constraints of my Netflix promotion...
The legal constraints of promoting Netflix via print/traditional methods include issues such as making sure the information included within the promotion can't be or have:
  • Misleading information
  • Irrelevant information
  • False information
  • Promotion of bad behaviour
The purpose of these laws it to ensure that the company has a good relationship with its customers - built on trust and loyalty. This is also known as a 'Customer Relationship Management' (CRM) System and is used by most commercial companies, across all sectors.

In addition, the promotion includes third-party products/branding which are protected under copyright law (The Copyright and Patents Act 1988). For instance, with my commercial, I have used third-party information such as;
  • Netflix Logo
  • The World Health Organization Logo
  • Screenshot of Netflix interface (partly transparent) in the background
In addition, the 'See what's next' tagline is also a registered trademark of Netflix, which has also been referenced in the acknowledgements section of my Blogger post for the Netflix print ad.

All of these points MUST be considered as they are registered and are intellectual property of the respected companies and to not acknowledge the property when you use it would be stealing, also known as piracy or plagiarism.

Ethical contraints of my Netflix promotion...
First of all, the word ''ethics'' refers to the moral principals of society - in this case, it is the moral considerations I must consider when making my ad campaign. Including the following points, to the customer;
  • Must be suitable for all ages (as this is a billboard ad, it would be visible to the public - including all ages, so it cannot include disturbing, violence, sexual, drug/alcohol usage or adult-based content)
  • Must not include racist or discriminatory views (to protect the rights of all ethnicities/religions)
  • Must not be ageist or disable-dist (to protect all ages as well as all handicapped people)
These are to ensure that the audience is not discomforted or mislead by the campaign - and so that they do not see the product or brand in a negative way.

The ethical laws can also be tied in with the legal ones as they also include the likes of;
  • Being truthful
  • Being trustworthy
  • Respecting the audience
A large organisation that specializes in ethical laws is the UK Government - they support all of these views on their public website gov.uk, which includes the ethical considerations a creator must take into account when selling, reselling or producing a product - this includes how customers as well as staff are treated within or out of the workplace.

Regulatory considerations of my Netflix promotion...
Regulations are the physical acts which the government organizations have the right, and responsibility, to enforce to the commercial companies.

If the company does not consider the above legal and ethical considerations, the government organisations have the right to;
  • Charge penalties
  • Issue audit's
  • Enforce courthouse action (in extreme cases)
  • All of the above can also lead to imprisonment
So, to conclude...
I must consider all of this legislation to ensure that the product and company, and its customers, are rightfully protected from hateful action as well as discriminatory and illegal acts - looking through all of this, I am confident that my Netflix billboard promotion is following the guidlines of the ASA, all UK Government agencies and parliament regulations.

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