Difficulties of Regulation of the Separation of Media Content and Advertising Research Paper

Advertising merged with media content has rapidly developed from a new marketing tactics to the key marketing strategy on global scale. The reason for this was a constant search for marketers promoting brands, the constant search for more effective methods to establish an emotional connection with consumers.

The development of product placement inAmericaandAsiais associated with the fact that the format of an integrated advertising has more opportunities than traditional advertising constrained by legislative restrictions. InEurope, the amount of such advertising is growing more slowly because of strict rules of its placement.

In most countries, advertising integrated into media content is prohibited, but taking into account new trends of merging content with advertising it is difficult to definite it, and the practice of punishment for such advertising is not known. Scholars and analysts have not yet worked out the basic principles for identification all forms of integrated advertising in both information and advertisement fields (Galician 2004).

Thus, media integrated advertising is not labelled as such, placed under the guise of news, editorial or copyright material, presented as a private message or other non-promotional information.

Children are particularly exposed to such advertising, trying to imitate their idols and memorize everything related to them. And then in 10-15 years when the child becomes fully secured independent person, he will have established ideas that, for instance, BMW is a luxury car for successful people, Hilton is a super class hotel (Hackley 2008).

Main subjects of economic advertising activities are (Circus 2007):

Advertiser (legal or natural person who is a source of advertising information for production, positioning and subsequent distribution of advertising);

Advertisement producer (legal or natural person who fully or partially creates advertising information in the final form ready for distribution);

Advertisement distributor (legal or natural person carrying out the placement and distribution of promotional information by providing and using property, including tools for radio, television broadcasting, as well as communication channels, air time etc.);

Advertising consumers (legal or natural persons, who are given promotional information and correspondingly influenced by it).

The responsibility of advertisers, advertisement producers and distributors to consumers is defined by the criterion of guilt for the crime committed. Legislation regulates the responsibilities of the main subjects of advertising activity emerging with improper advertising, which can mislead consumers or harm their health, property, harm the environment or threaten one’s honour, dignity or business reputation.

Improper advertising is unfair, unreliable, unethical, obviously false advertising, violating the requirements for its content, time, place and method of distribution prescribed by the law (Plaisance 2008).

Unfair advertising is advertising that discredits legal and natural persons who do not use the advertised goods; contains incorrect comparison of the advertised goods with goods of other entities or persons, and also contains statements, images discrediting honour, dignity or business reputation of competitors; misleads consumers concerning the advertised product by simulating the project, text, advertising formulas, pictures, music or sound effects used in advertising of other goods, or through abuse of trust of individuals or their lack of experience, knowledge, including the lack of necessary information in the advertising (Plaisance 2008).

Advertising merged with media content also refers to improper advertising. It has an unconscious impact on the consumer’s perception, including influence through radio and television broadcasting, as well as special videos and other methods of hidden influence of advertising on consumers.

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