View Full Version : Any legal experts here on rules of advertising standards?


goldenfleece
05-10-2005, 13:50
Does anyone know if the process of SUBLIMINAL ADVERTISING has been made illegal in any shape or form in the UK? I know the Independant Broadcasting Authority banned it many years ago but as far as I know, its not illegal to run subliminal adverts in cinemas or TV, just frowned on by the advertising standards people. Just curious if anyone knows advertising laws inside out and knows the actual legal position in the UK.

SUbliminal advertising is the process of reaching the unconscious mind with an image or a sound, masked or hidden in visual or audio media. Ie, the classis single frame of film (seen for just 1/24th of a second by the public) of a can of coke inserted into a cinema film in tests in the USA whereby coke sales went up by 35% immediately. This image or sound. generally unseen by the conscious mind, then passes this information to the conscious, and causes an interest in the purchase of the product being advertised subliminally. Its not illegal in the USA as such, and is used in many many forms.

cgksheff
05-10-2005, 14:29
I have seen reference to it being illegal. It was made on a legal companies website, but without any references.

Meanwhile, it is clearly against the ASA Code of Advertising: (http://www.asa.org.uk/asa/codes/tv_code/tv_codes/Section+5+-+Misleading+Advertising.htm)

5.4.5 Subliminal advertising

No advertisement may use images of very brief duration, or any other technique which is likely to influence viewers, without their being fully aware of what has been done

while this should prevent it, it is no guarantee.


I've got it! ("The Commission" means the ITC - Independent Television Commission who have been replaced by OfCom)

Broadcasting Act 1990 (http://www.opsi.gov.uk/acts/acts1990/Ukpga_19900042_en_2.htm#mdiv8) states:

6.—(1) The Commission shall do all that they can to secure that every licensed service complies with the following requirements, namely—
...............................
(e) that its programmes do not include any technical device which, by using images of very brief duration or by any other means, exploits the possibility of conveying a message to, or otherwise influencing the minds of, persons watching the programmes without their being aware, or fully aware, of what has occurred.

Cyclone
05-10-2005, 15:00
Originally posted by goldenfleece
Does anyone know if the process of SUBLIMINAL ADVERTISING has been made illegal in any shape or form in the UK? I know the Independant Broadcasting Authority banned it many years ago but as far as I know, its not illegal to run subliminal adverts in cinemas or TV, just frowned on by the advertising standards people. Just curious if anyone knows advertising laws inside out and knows the actual legal position in the UK.

SUbliminal advertising is the process of reaching the unconscious mind with an image or a sound, masked or hidden in visual or audio media. Ie, the classis single frame of film (seen for just 1/24th of a second by the public) of a can of coke inserted into a cinema film in tests in the USA whereby coke sales went up by 35% immediately. This image or sound. generally unseen by the conscious mind, then passes this information to the conscious, and causes an interest in the purchase of the product being advertised subliminally. Its not illegal in the USA as such, and is used in many many forms.

Do you suspect it's being used, or were you planning to use it?

goldenfleece
05-10-2005, 15:39
New business venture of mine (not aimed at broadcasting via TV or radio). Just wanted to check if any laws existed on subliminal suggestion for non TV/cinema/radio advertising.....magazines and poster advertising still carries a lot of deep subliminal stuff so I guess its legal for stuff in print....