D1

 D1 Legal and Ethical issues


To legally advertise in the UK, I need to consider the advertising laws made by ASA, CAP, and BBFC. These are 3 regulatory boards specifically made for advertising publicly in the UK.


Copyright

One of the legal and ethical issues I need to consider when making my ads and promoting my can is the Copyright Act: any creative content I choose to use in my ads such as music, art, etc. need to be free to use. However, access to creative content that is not free can be gained with permission from the owner, or a payment can be made to use it.

I decided to use a royalty free song from the YouTube music library (meaning that the song is free to use for personal use only). I had made my own personal edits to the audio, such as a record stopping sound effect and other VHS effects.

An ethical issue I need to address is misleading information / misinformation. The content in my ads cannot be misleading to the audience and promote the product for something that it is not: Furthermore addressing misinformation, my ads legally and ethically cannot bring up political or controversial topics and cannot target any specific group or individual negatively. My campaign is specifically made for cultural representation, so targeting a group or society of people would be extremely misleading.



Regulations and regulatory boards

According to ASA's advertising regulations, I need to consider the themes and content within my ads: For example, I cannot include anything to offend or hurt the audience, content that is inappropriate for children, misleading, controversial beliefs, contraband (e.g. alcohol), and many other pieces of content.

To ensure that my advertisements follow legal regulations, I must also consider regulators such as IPSO (Independent press standards organisation), who regulate print ads, magazines, newspapers and social media news. Similarly to the ASA, IPSO regulate the content shown in advertisements, but this will only apply to my print ad.


Possible offense

When considering the content going inside all of my ads, I need to ensure that none of it causes offense to the audience - I cannot make my ads misleading towards and misrepresent any cultures, backgrounds, groups and individuals as it may cause my ad to be too inappropriate to be advertised publicly on social platforms and TV.

When it comes to the Japanese representation in my ads, I need to carefully consider the content based on the culture to not misrepresent or culturally appropriate. Many popular fashion brands such as Victoria's Secret, Marc Jacob's and Gucci have been accused of cultural appropriation, and all have responded in different ways. To avoid cultural appropriation in my campaign, I need to research the culture my campaign is following well and educate myself before making decisions that may be deemed as controversial.


Age

As for age, the target audience's age range is 16 - 24. Based on this information, I need to create my ads based on this age range, and ensure that the content is appropriate for them. Because of the ASA's regulations, I cannot include content such as strong language or sexual content as my ads will be broadcasted publicly to a wide audience (as well as the big age range, the target audience also includes people have different and any backgrounds).


Intellectual property

My logo, icon, tagline and branding in general cannot share similarities or any similar characteristics in general to any other brand. The branding must be unique and not look like an off-brand version of an official brand.



Bibliography:

7 Fashion brands that have been accused of cultural appropriation, and how they responded | Buro 24/7 MALAYSIA (buro247.my)


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