Guidelines on Marketing and Advertising Using Electronic Media Updated

IRIS 2005-6:1/1

Chris Sent

Institute for Information Law (IViR), University of Amsterdam

The International Chamber of Commerce (ICC) has issued a new set of Guidelines on Marketing and Advertising Using Electronic Media formerly called ICC Guidelines on Advertising using the Internet. This latest version covers a wide array of electronic media besides the internet, like digital radio and television, telephone use and MMS/SMS. The Guidelines aim to provide the business community with a code of conduct for ethical marketing and complement applicable national and international laws.

The ICC notes that in the ever-developing communications environment it is in the interest of businesses and consumers alike to have a flexible and dynamic normative framework. According to the ICC, self-regulation such as the issued Guidelines, would bring about the involvement of all parties in marketing and minimize more rigid (inter-) governmental legislation. That is also one of the objectives of the Guidelines, which according to the ICC are designed to:

- Increase public confidence that the marketing and advertising material over the interactive systems is legal, decent and honest;

- Safeguard an optimum of freedom of expression for advertisers and marketers;

- Provide practical and flexible solutions;

- Minimize the need for governmental and/or inter-governmental legislation or regulations;

- Meet reasonable consumer privacy expectations.

Specific issues relating to consumers covered by the articles of the Guidelines include:

- The disclosure of the advertisers'/marketers' identity and clear identification of commercial communications (articles 3 and 4)

- Respect for public groups (article 7)

- Data and privacy rules (article 8)

- Unsolicited commercial messages (article 9)

- Responsible advertising to children (article 11)

- Respect for the potential sensitivities of a global audience (article 12)

The Guidelines are an extension of existing ICC regulations and should be read in conjunction with the ICC International Code of Advertising Practice and the ICC International Code of Direct Marketing.