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ADVERT: LEGAL & ETHICAL, REGULATORY BODIES
THEORY/EFFECT EXPLAIN WHAT THIS IS EXPLAIN how this theory
impacts your advert?
HYPODERMIC NEEDLE
THEORY
Suggesting an intended
message is accepted by the
audience in the way it was
intended by the producers.
I want my audience to accept
the message as is, the
message is that the water is
pure and contains naturally
occurring electrolytes.
TWO STEP FLOW Media passes through an
individual (Opinion leaders)
Before being accessed by
the public.
If influencers on social media
promote my product it will
increase sales and entice a
wider audience to drink vesi
water
USES AND
GRATIFICATIONS
A theory focused on the
needs And motives of media
consumers, states they are
passive rather than active.
Active consumers will want to
learn more about vesi and
will research the sources Etc,
hopefully Recommending it
to peers.
WHAT ARE THE POSITIVE EFFECTS OF YOUR ADVERT ON AN AUDIENCE?
My adverts aim to encourage my audience to go outside and make the most of the warmer
climate rather than stay inside. They also are inclusive from a gender and race perspective
reflecting acceptance and tolerance to my audience.
WHAT ARE THE NEGATIVE EFFECTS OF YOUR ADVERT ON AN AUDIENCE?
My advert could induce a sense of guilt in my audience, this is through the recycled materials
used in the bottles, though recycled, the harsh truth is that most of recycled plastic goes to
general waste disposal and a small percentage actually gets recycled. Emphasising on the
minimal environmental impact.
ISSUES OF REPRESENTATION
WHO/WHAT IS BEING
REPRESENTED
WOULD THIS BE CONSIDERED A POSITIVE OR
NEGATIVE REPRESENTATION- EXPLAIN
Race A racial diversity across adverts would be a positive
representation as it will appeal to a wider range of audience
as well as be recognised as inclusive and non-discriminatory.
However, precaution must be taken to avoid negative
stereotypes in order to not offend anyone.
Gender Both genders are represented in my advert for roughly the
same amount of time to appeal to them both. I haven’t
included non-binary people as an older generation won't be
as open and accepting of gender representations as the
younger generation.
Age Both of the actors in my advert are the same age, 20. Old
enough to relate to my slightly older audience and influential
enough to appeal to the younger teen audience.
Sexuality I haven’t represented any sexualities in my ads as to not
exclude or offend anyone, similarly to the issue with gender
representation. Because of the level of intolerance of the
older generation I decided not to have any themes related to
sexuality in my adverts.
Does your advert conform to mainstream representations, or does it challenge
representations?
My advert conforms to recent mainstream representations as I include a range of races which
is something that has only recently been widely accepted by especially older audiences,
minimalizing chances of backlash. The same goes for sexuality and gender.
LEGAL AND ETHICAL ISSUES
LEGAL Explain the issue: How could this impact your
advert?
Copyright: The Copyright, Designs and
Patents Act 1988, is the
current UK copyright law. It
gives the creators of literary,
dramatic, musical and artistic
works the right to control the
ways in which their material
may be used.
This will only affect my use of
images, for the rest of my content
including the logo and typography is
original. To avoid this issue, I will
use images which are part of
creative commons.
Intellectual
Property Rights
Intellectual property rights
(IPR) are the rights granted to
individuals over their original
creative works such as
inventions, literary and artistic
work, designs and symbols,
names, and images in
commerce. These legal rights
are granted through patents,
copyrights, trademarks,
geographical indications, etc.
for a specified time period.
Similarly to copyright, I will have to
use images off creative commons to
avoid any illegal use of images that
don’t belong to me that I cannot
take myself in the designated time
frame to produce the
advertisements. The logo and font I
will create myself, therefore they will
be my intellectual property.
ETHICAL –
Offensive material
Explain the issue: How could this impact your
advert?
Violence/sex/langu
age:
Any nudity/sexual
content/violent contend will be
inappropriate as well as
unnecessary for the product
being sold.
My advert will not include any
violent content or language or
nudity. This would be inappropriate
for the distribution of the locations of
my advert, being posters and visual
ads seen on social media and tv,
pre-watershed.
Children: Children may be influenced or
affected negatively by content
included in the advertisements.
Children are not my target audience
therefore this shouldn’t be an issue,
my advertisements will not include
any explicit contend that may be
deemed inappropriate for younger
audiences.
REGULATORY BODIES
ASA
Who are the ASA?
A regulatory body (advertising standards authority)
What role does the ASA perform?
Regulates Uk advertisements across all media.
Why does the ASA exist?
They make sure ads stick to the advertising codes; the committee of advertising practice write
the codes.
What rules does the ASA set that have to be followed by institutions?
They make sure ads are:
- Not misleading
- Do not cause harm/offence.
- No unsafe practices related to children.
- Privacy regarding real people in ads
- Nonpolitical
- Making correct environmental ‘green’ claims
- Not advertising prohibited products and services
HOW DO THESE RULES HAVE A DIRECT EFFECT UPON YOUR ADVERT?
EXAMPLE 1: (LEGAL)
- Respecting the actor's privacy used in the advertisements, not disclosing any of their
personal information.
EXAMPLE 1: (ETHICAL)
- Making accurate environmental claims, Vesi bottles use recycled plastic. The
percentage has to be accurate as to not cause confusion and debate on the validity of
the environmental impact Vesi makes.
Recreate table and find info on:
OFCOM
OFCOM
Who are OFCOM?
The office of communications, government approved regulatory body.
What role does OFCOM perform?
They regulate TV, radio and video on demand sectors, fixed line telecoms, mobiles, postal
services and airwaves on which wireless devices operate.
Why does OFCOM exist?
- Licensing UK-controlled commercial radio spectrum
- Investigate and carry out enforcement to clear illegal uses of the spectrum.
- It represents the interest of the public and consumers.
What rules does OFCOM set that have to be followed by institutions?
- Communications act (2003)
- Broadcasting act (1996)
- Broadcasters must avoid unfair treatment.
- Avoid infringement of privacy in programmes
- Scheduling in programmes in regard to protecting children.
- Adequate protection of the public from harmful/offensive material
- Prohibition of broadcasting crime, hatred and abuse
- Respect religious programmes
HOW DO THESE RULES HAVE A DIRECT EFFECT UPON YOUR ADVERT?
EXAMPLE 1: (LEGAL)
- Not including any political views, no matter how minor to avoid offence.
EXAMPLE 1: (ETHICAL)
- Using non offensive content, so that it appeals to everyone.
Audiences can be active or passive as claimed by Stuart hall, a cultural theorist. An active
audience is engaged in the media they're viewing, they're questioning it, listening to it. A
passive audience will let all the information wash over them and wont take in the
information and won't be as interested.
The hypodermic needle theory
 Linear communication theory
 Passive audience
 No individual difference
 One way communication - linear
 Developed in the 1920-1930s.
Two step flow theory
 Audiences are active and seen as part of the society.
 Anti vaxers and pro vaxers as an example.
 This audience responds and are aware.
 They will question the message told by influencers and not the media.

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REGULATORY BODIES & ETHICAL ADVERTISING

  • 1. ADVERT: LEGAL & ETHICAL, REGULATORY BODIES THEORY/EFFECT EXPLAIN WHAT THIS IS EXPLAIN how this theory impacts your advert? HYPODERMIC NEEDLE THEORY Suggesting an intended message is accepted by the audience in the way it was intended by the producers. I want my audience to accept the message as is, the message is that the water is pure and contains naturally occurring electrolytes. TWO STEP FLOW Media passes through an individual (Opinion leaders) Before being accessed by the public. If influencers on social media promote my product it will increase sales and entice a wider audience to drink vesi water USES AND GRATIFICATIONS A theory focused on the needs And motives of media consumers, states they are passive rather than active. Active consumers will want to learn more about vesi and will research the sources Etc, hopefully Recommending it to peers. WHAT ARE THE POSITIVE EFFECTS OF YOUR ADVERT ON AN AUDIENCE? My adverts aim to encourage my audience to go outside and make the most of the warmer climate rather than stay inside. They also are inclusive from a gender and race perspective reflecting acceptance and tolerance to my audience. WHAT ARE THE NEGATIVE EFFECTS OF YOUR ADVERT ON AN AUDIENCE? My advert could induce a sense of guilt in my audience, this is through the recycled materials used in the bottles, though recycled, the harsh truth is that most of recycled plastic goes to general waste disposal and a small percentage actually gets recycled. Emphasising on the minimal environmental impact. ISSUES OF REPRESENTATION
  • 2. WHO/WHAT IS BEING REPRESENTED WOULD THIS BE CONSIDERED A POSITIVE OR NEGATIVE REPRESENTATION- EXPLAIN Race A racial diversity across adverts would be a positive representation as it will appeal to a wider range of audience as well as be recognised as inclusive and non-discriminatory. However, precaution must be taken to avoid negative stereotypes in order to not offend anyone. Gender Both genders are represented in my advert for roughly the same amount of time to appeal to them both. I haven’t included non-binary people as an older generation won't be as open and accepting of gender representations as the younger generation. Age Both of the actors in my advert are the same age, 20. Old enough to relate to my slightly older audience and influential enough to appeal to the younger teen audience. Sexuality I haven’t represented any sexualities in my ads as to not exclude or offend anyone, similarly to the issue with gender representation. Because of the level of intolerance of the older generation I decided not to have any themes related to sexuality in my adverts. Does your advert conform to mainstream representations, or does it challenge representations? My advert conforms to recent mainstream representations as I include a range of races which is something that has only recently been widely accepted by especially older audiences, minimalizing chances of backlash. The same goes for sexuality and gender. LEGAL AND ETHICAL ISSUES LEGAL Explain the issue: How could this impact your advert? Copyright: The Copyright, Designs and Patents Act 1988, is the current UK copyright law. It gives the creators of literary, dramatic, musical and artistic works the right to control the ways in which their material may be used. This will only affect my use of images, for the rest of my content including the logo and typography is original. To avoid this issue, I will use images which are part of creative commons.
  • 3. Intellectual Property Rights Intellectual property rights (IPR) are the rights granted to individuals over their original creative works such as inventions, literary and artistic work, designs and symbols, names, and images in commerce. These legal rights are granted through patents, copyrights, trademarks, geographical indications, etc. for a specified time period. Similarly to copyright, I will have to use images off creative commons to avoid any illegal use of images that don’t belong to me that I cannot take myself in the designated time frame to produce the advertisements. The logo and font I will create myself, therefore they will be my intellectual property. ETHICAL – Offensive material Explain the issue: How could this impact your advert? Violence/sex/langu age: Any nudity/sexual content/violent contend will be inappropriate as well as unnecessary for the product being sold. My advert will not include any violent content or language or nudity. This would be inappropriate for the distribution of the locations of my advert, being posters and visual ads seen on social media and tv, pre-watershed. Children: Children may be influenced or affected negatively by content included in the advertisements. Children are not my target audience therefore this shouldn’t be an issue, my advertisements will not include any explicit contend that may be deemed inappropriate for younger audiences. REGULATORY BODIES ASA Who are the ASA? A regulatory body (advertising standards authority) What role does the ASA perform? Regulates Uk advertisements across all media. Why does the ASA exist? They make sure ads stick to the advertising codes; the committee of advertising practice write the codes. What rules does the ASA set that have to be followed by institutions? They make sure ads are: - Not misleading - Do not cause harm/offence. - No unsafe practices related to children. - Privacy regarding real people in ads
  • 4. - Nonpolitical - Making correct environmental ‘green’ claims - Not advertising prohibited products and services HOW DO THESE RULES HAVE A DIRECT EFFECT UPON YOUR ADVERT? EXAMPLE 1: (LEGAL) - Respecting the actor's privacy used in the advertisements, not disclosing any of their personal information. EXAMPLE 1: (ETHICAL) - Making accurate environmental claims, Vesi bottles use recycled plastic. The percentage has to be accurate as to not cause confusion and debate on the validity of the environmental impact Vesi makes. Recreate table and find info on: OFCOM OFCOM Who are OFCOM? The office of communications, government approved regulatory body. What role does OFCOM perform? They regulate TV, radio and video on demand sectors, fixed line telecoms, mobiles, postal services and airwaves on which wireless devices operate. Why does OFCOM exist? - Licensing UK-controlled commercial radio spectrum - Investigate and carry out enforcement to clear illegal uses of the spectrum. - It represents the interest of the public and consumers. What rules does OFCOM set that have to be followed by institutions? - Communications act (2003) - Broadcasting act (1996) - Broadcasters must avoid unfair treatment. - Avoid infringement of privacy in programmes - Scheduling in programmes in regard to protecting children. - Adequate protection of the public from harmful/offensive material - Prohibition of broadcasting crime, hatred and abuse - Respect religious programmes HOW DO THESE RULES HAVE A DIRECT EFFECT UPON YOUR ADVERT? EXAMPLE 1: (LEGAL) - Not including any political views, no matter how minor to avoid offence. EXAMPLE 1: (ETHICAL) - Using non offensive content, so that it appeals to everyone.
  • 5. Audiences can be active or passive as claimed by Stuart hall, a cultural theorist. An active audience is engaged in the media they're viewing, they're questioning it, listening to it. A passive audience will let all the information wash over them and wont take in the information and won't be as interested. The hypodermic needle theory  Linear communication theory  Passive audience  No individual difference  One way communication - linear  Developed in the 1920-1930s. Two step flow theory  Audiences are active and seen as part of the society.  Anti vaxers and pro vaxers as an example.  This audience responds and are aware.  They will question the message told by influencers and not the media.