Regulation Of Advertising Research Articles

Local election campaign finance regimes in Canada: Toward a research agenda

AbstractThe regulation of election campaign donation, fundraising, expenditure, and advertising is an enduring object of study and reform. Compared to the federal and provincial levels, virtually no attention has been paid to Canadian municipal campaign finance regimes. This is surprising given the urban political economy literature’s focus on business influence on local politics and policy and evidence of corruption in Canadian local government. We take stock of Canadian campaign finance rules for municipal elections in light of Canadian and American research findings, which reveals considerable interprovincial variation in their sophistication and stringency. We then propose a research agenda to investigate aspects of Canadian local campaign finance regimes.

Regulating autologous stem cell interventions in Australia: updated review of the direct-to-consumer advertising restrictions.

Objective This paper provides an update and overview of the law governing direct-to-consumer (DTC) advertising of autologous stem cell interventions (ASCIs) in Australia. It follows significant changes to the advertising regulations made in 2018. Methods The paper reviews the three primary sources or 'centres' of law regulating ASCIs in Australia, together with the relevant guidance documents that supplement these sources. It provides analysis of how the post-2018 advertising regulations, contained in the Therapeutic Goods Act 1989 (Cwlth), apply to all 'biologicals', including ASCIs. It demonstrates how these three sources of law interact with one another and outlines the new tiered offence regime that applies to contraventions of these prohibitions. Results The analysis demonstrates that DTC advertising of ASCIs in Australia is strictly controlled, with primary legislation prohibiting the advertising of biologicals altogether. Conclusions The polycentric legal regime regulating biologicals in Australia clearly makes DTC advertising of ASCIs unlawful. Health practitioners who promote ASCIs, either online, in print or in other media forms, may be penalised in different ways and by different authorities. What is known about the topic? Although several analyses have examined the regulation of ASCIs in Australia, no analysis has studied the reforms made in 2018 relating to the advertising of biologicals. As such, this analysis contributes a fresh examination of these relatively recent reforms. What does this paper add? This analysis clarifies the effects of these new advertising regulations, providing clear guidance on the relevant legal provisions for the benefit of health practitioners and health professionals more generally. What are the implications for practitioners? Health practitioners, especially those who offer ASCIs, should be aware that civil and criminal penalties are likely to be imposed on individuals who promote biologicals in Australia by any means.

The Regulation of False Advertising in South Africa: An Analysis of the Consumer Protection Act 68 of 2008 and Self-Regulation

The Consumer Protection Act 68 of 2008 (CPA) regulates the provision of goods and services, the conclusion of consumer contracts as well as the promotion and marketing of goods and services. It also protects consumers from unscrupulous advertisers who use false and misleading advertisements to induce consumers to enter into contracts which they would otherwise not have concluded. This article seeks to critically analyse the legislative provisions relating to false, misleading, and deceptive advertising, and the seemingly accessible and efficient legal redress mechanism created under the CPA. Self-regulation by bodies such as the Advertising Regulatory Board, which is responsible for the regulation of the advertising industry in South Africa, is also discussed in detail. The article concludes that the co-existence of the CPA and self-regulation is pertinent to ensure that consumers are adequately protected from unscrupulous advertisements. This is because self-regulation provides an additional layer of protection to consumers. It is also argued that the forums created under the CPA should be given powers to declare certain promotional activities and advertisements unfair, unjust or unreasonable.

The Blunt Reality of Cannabis Advertising: State-by-State Restrictions & the TCPA

In today’s world, individuals are surrounded by marketing and advertisements. The alcohol and tobacco industries have long faced advertising restrictions, and now cannabis businesses are beginning to see similar restrictions. Unlike other industries, cannabis is still illegal under federal law which creates confusing restrictions for companies who are located in states where medical or adult-use cannabis is legal. This split in ideology between the federal and state governments, along with the confusing state regulations written more for policymakers than industry workers, has set a crash course for cannabis. This paper will examine several marketing areas where the cannabis industry is currently facing strict regulations, such as billboards, social media, and text messaging, as well as the public policy aspects that have influenced the rules on cannabis advertisements. The paper also focuses on the Telephone Consumer Protection Act (TCPA) and the current rise of class actions associated with text-message marketing in the cannabis industry. The primary goal of this article is to discuss the current regulations for cannabis advertising and why these regulations are hurting the growing cannabis industry.

Regulatory measures for the protection of adequate and healthy diet in Brazil: a 20-year analysis.

Regulatory measures are among the strategies for the promotion of adequate and healthy diet recommended by the Brazilian National Food and Nutrition Policy (PNAN). Although other actions in the promotion of adequate and healthy diet have made strides in Brazil, regulatory measures have made slow progress. The study aimed to identify and describe factors related to the development and implementation of the principal regulatory measures for the protection of adequate and healthy diet in Brazil in the last 20 years. This qualitative document study assessed a series of federal regulatory measures for the protection of adequate and healthy diet proposed or in discussion from 1999 to 2020. They include the regulation of food advertising, regulation of food product marketing in schools, implementation of mandatory front-of-package labeling on foods, and taxation of sugary drinks. Most of the barriers identified were strategies in corporate political activity led by the private sector, especially by the food industry. The Corporate political activity practices used in the various stages of policy processes include legal actions against the State, substitution of policies (suggesting voluntary or ineffective alternatives), opposition, fragmentation, and destabilization with attempts at support from the community. During the study period, none of the measures was approved. Given this scenario, barriers to the approval of regulatory measures for the protection of adequate and healthy diet need to be overcome in Brazil.

Community interventions and strategies for caries control in Latin American and Caribbean countries.

Dental caries remains highly prevalent in Latin American and Caribbean countries (LACC). However, this disease can be controlled through interventions that implement evidence-based strategies in an affordable manner and that target all population groups instead of the most affluent only. Therefore, the aim of this report was to summarize the main scientifically documented community interventions and strategies based on restriction of sugars consumption, use of fluoride, and the use of occlusal sealants for caries control in LACC. A critical literature review was carried out in a systematic manner that included defined search strategies, independent review of the identified publications, and compilation of results in this report. Three systematic searches were conducted using the PubMed, LILACS, and SciELO databases to identify studies related to community interventions and strategies for caries control in LACC. Of the 37 publications identified, twenty-six focused on fluoride use, eight on occlusal sealant use, and three on the restriction of sugar consumption. Documented community interventions for sugars restriction were scarce in the region and were based on food supplementation, sugar replacement, and education. Thus, local and/or national policies should prioritize investment in upstream, coherent, and integrated population-wide policies such as taxes on sugary drinks and stronger regulation of advertising and promotion of sugary foods and drinks mainly targeting children. The main fluoride-based strategies used drinking water, refined domestic salt, cow milk, toothpaste and, to a lesser extent, mouth-rinses, acidulated phosphate fluoride (APF) gels, and varnishes to deliver fluoride to the population. Evidence of fluoride use was seen in Argentina, Belize, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay, and Venezuela. Studies reporting the use of occlusal sealants were mainly located in Brazil, Chile, Colombia, Costa Rica, Peru, Mexico, and Venezuela. Community interventions restricting sugar consumption should be implemented at the individual level and through public policies. The use of fluoride must be monitored at the local, regional, and national levels so as to achieve maximum anti-caries effect while also minimizing the risk of dental fluorosis. Moreover, fluoridated water and salt programs, used as a mutually exclusive community level strategy for caries control, should expand their benefits to reach non-covered areas of the LACC while also simultaneously providing adequate surveillance of the fluoride concentration delivered to the population. Regulating the concentration of soluble fluoride (for anti-caries effect) in dentifrice formulations is also necessary in order to provide the population with an effective strategy for disease control. Targeting culturally appropriate, economically sustainable caries control interventions to rural populations and native ethnic groups such as indigenous people, quilombolas (African-origin), and riverside Amazonian people remains a crucial challenge.

Corrigendum - What popular bars post on social media platforms: a case for improved alcohol advertising regulation.

This corrigendum is being published to add a missing author to the following article: Paradis C, Zhao J, Stockwell T. What popular bars post on social media platforms: a case for improved alcohol advertising regulation. Health Promot Chronic Dis Prev Can. 2020;40(5/6):143-52. https://doi.org/10.24095/hpcdp.40.5/6.03.

'It's basically everywhere': young adults' perceptions of gambling advertising in the UK.

In comparison to jurisdictions, such as Australia, limited research has focused upon the perceptions and reported effects of gambling advertising within the unique gambling environment of the UK. An online qualitative survey was conducted with 62 young adult gamblers in the UK. The survey investigated the place, meaning and influence of gambling advertising within the lives of the participants. Demographic data were analyzed using descriptive statistics, with qualitative data interpreted using inductive thematic analysis techniques. Three themes were identified. Firstly, young adults were highly cognizant of UK gambling advertising strategies. Second, young adults were able to describe the influence of gambling advertising including its normalizing effect and proliferation of misleading messages. Finally, young adults perceived that current harm minimization strategies, including responsible gambling messages, were ineffective. Many were supportive of increased regulation of gambling advertising. The findings indicate that young adults are aware of the potential risks associated with gambling advertising and are supportive of regulatory reform. It is important that the views and perspectives of young adults are fully considered by regulators and policy makers in the UK, particularly as they are a potential target demographic for the industry.

Hurting Pockets: A Case Study of Peru’s Legal Obligations in Transparency and Justification of Public Expenditure in State Advertising

Abstract Public procurement of advertising is a matter of constant debate in many countries around the world. At one point in Peru, during 2018, hiring private media outlets to broadcast or publish state advertising was prohibited by law. Taking into account the ensuing controversy in Peru, this study assesses state advertising investment in the South American country, and examines whether certain public entities (government ministries) have complied with the obligations of justification, transparency and prohibitions provided for by the law that regulates state advertising. The findings of this study point to a worrying level of noncompliance. We display these results in a systematized manner and complement them with a qualitative analysis of the justification given by public entities for spending on advertising, as well as the accountability they provide (or should provide) ex-post. This baseline study is essential to identify possible failings in the regulation of public procurement of advertising, as well as the bad practices of the state when budgeting for public expenditure on advertising campaigns. While the case study is based on the Peruvian experience, the findings can be used in many other jurisdictions as a roadmap for avoiding certain shortcomings in the regulation of state advertising.

Advertising food to Australian children: has self-regulation worked?

PurposeThis paper aims to outline the historic development of advertising regulation that governs food advertising to children in Australia. Through reviewing primary and secondary literature, such as government reports and research, this paper examines the influence of various regulatory policies that limit children’s exposure to food and beverage marketing on practices across television (TV), branded websites and Facebook pages.Design/methodology/approachThis paper reviews studies performed by the food industry and public health researchers and reviews of the evidence by government and non-government agencies from the early 19th century until the present day. Also included are several other research studies that evaluate the effects of self-regulation on Australian TV food advertising.FindingsThe government, public health and the food industry have attempted to respond to the rapid changes within the advertising, marketing and media industries by developing and reviewing advertising codes. However, self-regulation is failing to protect Australian children from exposure to unhealthy food advertising.Practical implicationsThe findings could aid the food and beverage industry, and the self-regulatory system, to promote comprehensive and achievable solutions to the growing obesity rates in Australia by introducing new standards that keep pace with expanded forms of marketing communication.Originality/valueThis study adds to the research on the history of regulation of food advertising to children in Australia by offering insights into the government, public health and food industry’s attempts to respond to the rapid changes within the advertising, marketing and media industries by developing and reviewing advertising codes.

A Thematic Analysis of Sports Bettors\u2019 Perceptions of Sports Betting Marketing Strategies in the UK

In the UK and other countries in the world, the volume of gambling advertisements is increasing, as is the popularity of online sports betting. While there is increasing research examining the content of such advertising, there is little research examining what gamblers themselves think about such advertising. Consequently, the aim of the present study was to firstly, explore the attitudes and opinions of sports bettors in response to marketing techniques used by the gambling industry and secondly, explore the perceived impact advertising has on their sports betting behavior. Semi-structured interviews were conducted with a sample of 19 UK sports bettors aged between 21 and 32 years old. Thematic analysis (TA) was used to analyze the transcripts. The analysis identified three main themes: (i) “temptation to gamble,” (ii) “promotion characteristics of gambling,” and (iii) “regulating gambling advertising.” Each theme consisted of two or three subthemes that illustrated the underlying factors that were perceived to be important aspects that contributed to the opinions and attitudes towards the advertising. Findings indicate that specific inducements including enhanced odds and “request-a-bet” promotions were perceived to increase feelings of control and reduce feelings of risk, in some cases resulting in the placing of impulsive bets. According to the participants, social media marketing was found to be intrusive and the frequency of gambling advertising contributed to the normalization of betting. The present study highlights the need for further research into the efficacy of current advertising regulations in the UK, with the end goal of minimizing gambling-related harm.

Societal issues and policy implications related to the use of cannabinoids, cannabis, and cannabis-based medicines for pain management.

Societal issues and policy implications related to the use of cannabinoids, cannabis, and cannabis-based medicines for pain management.

Are Australian regulatory codes adequate in scope to protect youth from alcohol advertising?

Exposure to alcohol advertising has been found to be associated with more positive attitudes toward alcohol and heavier drinking among youth. Appropriate regulation of alcohol advertising is thus crucial for reducing use among members of this population group. To assist policy makers in their alcohol control efforts, this study explored the scope of Australian alcohol advertising codes and the extent to which they address issues relating to youth exposure. Two researchers assessed 628 unique alcohol advertisements against youth-related provisions of the Alcohol Advertising Review Board (AARB) Code and Alcohol Beverages Advertising Code (ABAC). A third researcher resolved discrepancies. The ads sampled were those that had been the subject of formal complaints to the AARB. Most (94%) ads were assessed as violating at least one of the AARB Code provisions relating to youth, while 36% were found to violate at least one of the ABAC youth provisions. The most frequently violated AARB Code provision related to placement, with 88% of ads located in places or broadcast at times where young people were likely to be exposed. The most frequently violated ABAC provision related to appeal to minors (33%). Results indicate that self-regulation is an ineffective means of protecting youth from alcohol advertising, with the ABAC failing to capture many ads featuring content that appeals to youth. SO WHAT?: Greater efforts are required to protect youth from alcohol advertising. Findings from the present study reinforce calls for mandatory, evidence-based regulation that is administered independently of the alcohol industry. An analysis of 628 unique alcohol advertisements found that the vast majority were in violation of the AARB Code's youth-related provisions whereas substantially fewer were in violation of the ABAC, supporting arguments that self-regulation is an ineffective means of protecting youth from alcohol advertising.

A review of social determinants of health for dashboard development for SDG 3.4 for sub-Sahara Africa

Abstract Background All sustainable developmental goals (SDGs) require implementing sustainable strategies and monitoring to track progress. But what is known of sub-Sahara Africa (SSA)'s efforts in following this stride to reduce by 30% mortality from non-communicable diseases (NCDs) through prevention (SDG 3.4), by considering the effect of social determinants of health (SODHs) on type 2 diabetes increasing prevalence? Methods Our search produced 2005 unique articles. Only 10 studies were used in the analysis of this study. These studies include 1 from Botswana, 2 from Ghana, 2 from Kenya, 3 from Nigeria and 2 from South Africa. The findings were evaluated in a greater extent. Results All studies (100%) showed non-adherence to exercise and poor glycemic control. 7 studies (70%) on education revealed lack of knowledge or misconceptions, 5 studies (50%) with obesity showed a strong linkage between obesity and type 2 diabetes, and 4 studies (40%) on diet, showed diets high in carbohydrates, saturated fats, and sodium predisposition to type 2 diabetes. All studies (100%) linked urbanization with an increased prevalence of type 2 diabetes. Conclusions Changes in SODHs seem to be contributing to the growing prevalence of diabetes in SSA. These changes with other key data should be considered and tailored to policy processes, environment, infrastructures, and norms for prevention strategies and informing dashboard development for SDG 3.4. Key messages Social determinants of health must reflect in relevant causal pathways, settings, and sectors for preventive intervention such as in taxation; regulation of food advertising, school, and healthcare. Analysis of the effect of the changing social determinants of health on type 2 diabetes, will assist in establishing indicators for the dashboard development for SDG 3.4 for sub-Sahara Africa.

Kidfluencer marketing in the video game industry

Children spend a tremendous number of hours online these days watching kids their age play video games on YouTube. The videos of these young stars, also called ‘kidfluencers’, have become an essential avenue for marketers to advertise games and merchandise. However, the game promotions of these kidfluencers can easily deceive children, as the paid collaboration with companies is not always properly disclosed. Therefore, this article aims to investigate if the European advertising regulations sufficiently protect children against misleading promotions in the videos of kidfluencers. It starts by analysing the effectiveness of kidfluencer marketing and its applicable European advertising legislation. After this analysis, it shows that the current regulations of kidfluencer marketing require a European approach that harmonizes the use of advertising disclosures and YouTube's responsibility regarding commercial communication.

Application Problems Of Commercial Speech Doctrine In CIS Countries: On The Example Of Russia And Uzbekistan

This article analyzes the application of the Commercial Speech Doctrine in CIS countries such as Russian and Uzbekistan. The article shows that the commercial speech doctrine was implemented as a constitutional principle of information freedom; however Federal Advertising law of Russia gives priority to the public health rather than commercial speech protection. The article concludes that, in CIS countries, especially in Uzbekistan and Russia, the government interest to control commercial information flow has become superior to that of competitor and consumer interests. The presence of strict legal standards in those countries causes unreasonable government interference in free commercial speech of advertisers and restricts the flow of commercial information. Therefore, they are unnecessary and excessive to proper regulation of misleading advertising. Hence, the main principle of the commercial speech doctrine on the limitation of government intervention does not work in practice.

Development of contextual advertising in the conditions of network economy: relevant questions of legal theory and practice

The subject of this research is the legal norms aimed at legal regulation of relations in the field of contextual advertising on the Internet. The object of this research is the public relations emerging in the process of creation, placement and consumption of contextual advertising. The author examines such question as the general concept of advertising and its legal definition, as well as essence, characteristics and legal regulation of contextual advertising. Special attention is given to protection of exclusive rights with regards to means of individualization in the process of arrangement of contextual advertising using the keywords, including trademarks and commercial designations, as well as mechanism for the protection of an infringed right and liability the corresponding infringement. The novelty of this work consists in determination of the existing approaches of courts and the Federal Antimonopoly Service of the Russian Federation applicable to the concept, definition and relevant issues of legal regulation of contextual advertising, including the questions of infringement of exclusive rights for means of individualization in arrangement of contextual advertising, which ultimately resulted in development of original approach towards definition of the concept of “contextual advertising”. The author resumes and concludes on the need for legislative consolidation of legal definition of the concept of “contextual advertising” with an indication of corresponding formulation.

의료광고 규제제도 개선에 관한 행정법적 연구

의료광고 규제제도 개선에 관한 행정법적 연구

A Systematic Review of Tobacco Industry Tactics in Southeast Asia: Lessons for Other Low- And MiddleIncome Regions.

Background: Transnational tobacco companies (TTCs) have a well-established presence in Southeast Asia and are now targeting other low- and middle-income countries (LMICs), especially Africa. While the tobacco industry’s tactics in Southeast Asia are well documented, no study has systematically reviewed these tactics to inform tobacco control policies and movements in Africa, where the tobacco epidemic is spreading. Methods: We conducted a systematic literature review of articles that describe tobacco industry tactics in Southeast Asia, which includes Singapore, Indonesia, Malaysia, the Philippines, Myanmar, East Timor, Thailand, Cambodia, Vietnam, Laos, and Brunei. After screening 512 articles, we gathered and analysed data from 134 articles which met our final inclusion criteria. Results: Tobacco transnationals gained dominance in Southeast Asian markets by positioning themselves as good corporate citizens with corporate social responsibility (CSR) initiatives, promoting the industry as a pillar of, and partner for, economic growth. Tobacco transnationals also formed strategic sectoral alliances and reinforced their political ties to delay the implementation of regulations and lobby for weaker tobacco control. Where governments resisted the transnationals’ attempts to enter a market, they used litigation and deceptive tactics including smuggling to pressure governments to open markets, and tarnished the reputation of public health organizations. The tobacco industry undermined tobacco advertising, promotion and sponsorship (TAPS) regulations through a broad range of direct and indirect marketing tactics. Conclusion: The experience of Southeast Asia with tobacco transnationals show that, beyond highlighting the public health benefits, underscoring the economic benefits of tobacco control might be a more compelling argument for governments in LMICs to prioritise tobacco control. Given the tobacco industry’s widespread use of litigation, LMICs need more legal support and resources to counter industry litigations. LMICs should also prioritize measures to protect health policy from the vested interests of the tobacco industry, and to close regulatory loopholes in tobacco marketing restrictions.

On the normalisation of online sports gambling among young adult men in the UK: a public health perspective

ObjectivesOnline sports gambling has become an increasingly popular feature of male youth culture and fandom in recent decades. Fuelled by advances in mobile app technologies and the liberalisation of state regulations on advertising, this ‘gamblification’ of sport has given rise to a global industry promoting gambling as a knowledge-based, risk-free leisure activity. This study examined how the growth of online sports gambling has impacted on gambling behaviours among young adult men in the UK and how it may pose new risks concerning the normalisation of gambling behaviours. Study designThe study used a multiphased qualitative research design. MethodsThe study was conducted with 32 adult men (aged 18–35 years) across two sites, Derry, Northern Ireland, and Bristol, England. It comprised three phases of data collection: participatory focus groups, a 30-day gambling diary and semistructured interviews. ResultsFour main themes emerged. First, data suggest that gambling has become a normalised aspect of sports fandom for male youth demographics, many of whom view the casual wagering of money as vital to their enjoyment of sport. Second, the perceived ‘facelessness’ of sports gambling platforms via mobile app technologies was reported to increase inclination to engage in sports betting. Third, ‘free bet’ incentives and in-play promotions play a significant role as a mechanism of inducement towards sports gambling practices. Fourth was the potential role of online sports gambling as a gateway to gambling-related harms, including financial precarity, indebtedness, mortgage defaults, family breakdown, loss of employment and mental health struggles. ConclusionOnline sports gambling has significant public health implications, particularly for male youth demographics. Policymakers in the UK should consider stronger regulation of gambling-related advertising and sponsorship in sport, independent risk assessments of sports gambling products and a commitment to safeguarding youth demographics from gambling-related harm in a digital age.