REPORT on the impact of advertising on consumer behaviour
23.11.2010 - (2010/2052(INI))
Committee on the Internal Market and Consumer Protection
Rapporteur: Philippe Juvin
MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION
on the impact of advertising on consumer behaviour
The European Parliament,
– having regard to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market[1] (UCPD),
– having regard to Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising[2] (MCAD),
– having regard to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive or AMSD)[3],
– having regard to Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (Consumer Protection Cooperation Regulation)[4],
– having regard to the Charter of Fundamental Rights of the European Union[5], in particular Articles 7 (respect for private and family life) and 8 (protection of personal data) thereof,
– having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data[6],
– having regard to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector[7],
– having regard to Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the Internal Market[8],
– having regard to its resolution of 9 March 2010 on consumer protection[9],
– having regard to its resolution of 9 March 2010 on the Internal Market Scoreboard[10],
– having regard to its resolution of 13 January 2009 on the transposition, implementation and enforcement of Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market and Directive 2006/114/EC concerning misleading and comparative advertising[11],
– having regard to its resolution of 18 November 2008 on the Consumer Markets Scoreboard[12],
– having regard to its resolution of 3 September 2008 on how marketing and advertising affect equality between women and men[13],
– having regard to the Commission communication of 28 January 2009 entitled ‘Monitoring consumer outcomes in the single market: Second edition of the Consumer Markets Scoreboard’ (COM(2009)0025) and the accompanying Commission staff working document entitled ‘Second Consumer Markets Scoreboard’ (SEC(2009)0076),
– having regard to the Commission staff working document of 29 March 2010 entitled ‘Consumer Markets Scoreboard – Consumers at Home in the Internal Market: Monitoring the integration of the retail Internal Market and Benchmarking the Consumer Environment in Member States’ (SEC(2010)0385),
– having regard to the report entitled ‘Consumer protection in the internal market’, published by the Commission in October 2008 (Special Eurobarometer 298),
– having regard to the analytical report entitled ‘Attitudes towards cross-border sales and consumer protection’, published by the Commission in March 2010 (Flash Eurobarometer 282),
– having regard to the European approach to media literacy in the digital environment (COM(2007)0833),
– having regard to the Commission guidelines on the application of the Unfair Commercial Practices Directive (SEC(2009)1666),
– having regard to Opinion 2/2010 on online behavioural advertising, adopted by the Article 29 Data Protection Working Party on 22 June 2010,
– having regard to Opinion 5/2009 on online social networking, adopted by the Article 29 Data Protection Working Party on 12 June 2009,
– having regard to the communication from the French National Commission for Information Technology and Civil Liberties (CNIL) of 5 February 2009 entitled ‘La publicité ciblée en ligne’ (‘Targeted online advertising’),
– having regard to Rule 48 of its Rules of Procedure,
– having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on Women’s Rights and Gender Equality (A7‑0338/2010),
A. whereas advertising fosters competition and competitiveness, is likely to limit abuses of dominant positions and encourages innovation in the internal market, and consequently benefits consumers, particularly by increasing the range of choice, lowering prices and providing information on new products,
B. whereas advertising constitutes an important and often crucial source of funding for a dynamic and competitive media landscape and actively contributes to a diverse and independent press in Europe,
C. whereas some advertising practices may nevertheless have a negative impact on the internal market and on consumers (owing to unfair practices, intrusion into public spaces and the private arena, targeting of individuals, entry barriers and distortion of the internal market),
D. whereas it is still necessary to combat unfair commercial practices in the advertising field, as Special Eurobarometer 29 makes it clear that they are still common,
E. bearing in mind the significant impact on advertising of the development of communications media, particularly through development of the internet, social networks, forums and blogs, the rising mobility of users and the rapid growth of digital products,
F. whereas in view of a degree of consumer fatigue at the proliferation of advertising messages there is a temptation today to use the new communications technologies to disseminate commercial messages even when they are not clearly designated as such and are thus likely to mislead consumers,
G. whereas the development of new advertising practices online and via mobile devices is generating a range of problems that need dealing with in order to safeguard a high level of protection for users,
H. whereas online advertising plays an important economic role, particularly by financing free services, and whereas it has grown exponentially,
I. bearing in mind that the development of targeted (contextual, personalised and behavioural) advertising, supposedly tailored to internet users’ interests, constitutes a serious attack on the protection of privacy when it involves tracking individuals (through cookies, profiling and geolocation) and has not first been freely and explicitly consented to by the consumer,
J. whereas the personalisation of advertising messages must not lead to the development of intrusive advertising infringing legislation on the protection of personal data and privacy,
K. whereas groups of people who are particularly vulnerable because of their mental, physical or psychological infirmity, age or credulity – such as children, teenagers, the elderly or certain people made vulnerable by their social and financial situation (such as those with excessive debts) – need special protection,
L. recognising that there is still a lack of information on the precise socio-psychological effects of new, more pervasive and more widespread forms of advertising, particularly in respect of the position of those who cannot afford to buy the goods and services promoted by these advertisements,
M. whereas the specific nature of certain products – such as tobacco, alcohol, medicines and online gambling – calls for proper regulation of internet advertising with a view to avoiding abuses, dependence and counterfeiting,
N. bearing in mind that advertising can act as a powerful catalyst in combating stereotypes and prejudices based on racism, sexism and xenophobia,
O. bearing in mind that advertising often transmits biased and/or derogatory messages which perpetuate stereotyped prejudices regarding gender, thereby undermining equality strategies aimed at eradicating inequalities,
Evaluation of the existing legislative and non-legislative framework
1. Maintains that the Unfair Commercial Practices Directive provides an essential legal framework for combating misleading and aggressive advertising, in relations between companies and consumers; recognises that although it is not yet possible to undertake a comprehensive evaluation, several difficulties with implementation and interpretation are already apparent (especially regarding the new, more pervasive forms of advertising), as demonstrated by European Court of Justice judgements ruling against existing national measures for going beyond the provisions of the Unfair Commercial Practices Directive, which may call into question the efficacy of the Directive;
2. Emphasises that differences in its interpretation and implementation at national level have precluded the desired level of harmonisation, creating legal uncertainty and undermining cross-border trade in the single market;
3. Calls on the Commission to update, clarify and strengthen its guidelines on the implementation of the Unfair Commercial Practices Directive on a very regular basis and ensure that they are translated into the EU’s official languages, and calls on the Member States to take those guidelines into account as far as possible;
4. Welcomes the Commission’s intention of finalising and publishing in November 2010 a database of national measures adopted to transpose the Unfair Commercial Practices Directive, the applicable case law and other relevant documents;
5. Recalls that the scope of the Unfair Commercial Practices Directive is limited to business-to-consumer relations while the Misleading and Comparative Advertising Directive deals with business-to-business relations; underlines that certain entities do not fall within the scope either of the Unfair Commercial Practices Directive or of the Misleading and Comparative Advertising Directive, such as NGOs or interest groups; therefore calls on the Commission to conduct a separate analysis of the impact of misleading advertising practices targeting those categories apparently not covered by either Directive; calls on the Member States to improve coordination between themselves and to provide adequate solutions for those categories that have been subjected to intra-EU cross-border misleading advertising practices;
6. Welcomes the joint investigations undertaken by the Member States (‘EU sweeps’); calls for further such investigations, the scope of which should be broadened; calls on the Commission to report to Parliament results of the sweeps and prepare, if necessary, further steps to improve the internal market for consumers;
7. Calls on the Member States to provide the competent national authorities with the necessary financial, human and technological means and resources for their effective action; urges the Commission, on the basis of the Consumer Protection Cooperation network experience, to further facilitate the cooperation between national authorities and improve the effectiveness of their control;
8. Asks the Commission to prepare an analysis of the obligations and control functions of the national consumer authorities and to share best practices so as to improve the effectiveness of their work;
9. Calls on the Commission to extend the scope of Regulation (EC) No 2006/2004 to include counterfeiting and illegal products, and to boost the exchange of information between Member States under that Regulation, so as to improve the fight against fraud connected with illegal advertising;
10. Considers the practice of self-regulation as a dynamic, flexible and responsible adjunct to the existing legislative framework; suggests that those Member States that do not yet have self-regulatory bodies should facilitate the establishment of such bodies, on the basis of best practices from other Member States, and/or grant them formal recognition;
11. Emphasises nevertheless the limits of self-regulation, which cannot in any case take the place of legislation, particularly as regards the establishment of rules to protect the personal data of consumers and the penalties applicable if such rules are not respected;
12. Calls on the Commission and the Member States to evaluate the implementation of national codes of conduct relating to the media and new information and communication technologies; calls on the Member States to assess the effectiveness of national self-regulatory bodies;
13. Underlines the societal responsibility that comes with the impact and reach of widespread and pervasive advertising, and emphasises the role of advertising companies in cultivating a culture of corporate awareness and responsibility;
14. Encourages consultation of the various stakeholders involved in legislative developments;
15. Calls on the Commission and the Member States to ensure by appropriate means that the media and advertising professionals guarantee respect for human dignity and that they oppose direct or indirect discriminatory or stereotyping images or any incitement to hatred based on sex, race, ethnic origin, age, religious or other beliefs, sexual orientation, disability and social status;
16. Calls on those Member States that have not yet implemented the Audiovisual Media Services Directive to do so immediately; awaits with interest the publication by the Commission of the report on the application of the Audiovisual Media Services Directive, and stresses the need to address the use of new technologies (such as IPTV);
Issues arising from the development of the internet and new technologies
17. Denounces the development of ‘hidden’ internet advertising that is not covered by the Unfair Commercial Practices Directive (consumer-to-consumer relationships), in the form of comments posted on social networks, forums and blogs, the content of which is difficult to distinguish from mere opinion; considers indeed that there is a risk that consumers will make wrong decisions in the belief that the information on which they are based stems from an objective source; denounces cases in which certain business operators finance directly or indirectly any action to encourage the dissemination of messages or comments appearing to emanate from consumers themselves when in reality these are messages of an advertising or commercial nature, and calls on the Commission and the Member States to ensure proper application of the Unfair Commercial Practices Directive in this regard;
18. Suggests that the Member States encourage the emergence of forum observers/moderators who are alert to the dangers of hidden advertising, as well as the development of information campaigns aimed at warning consumers of these ‘hidden’ forms of advertising;
19. Points out that the campaign at European level against this hidden advertising is of great importance for cleaning up the market and boosting consumer confidence, as to some professionals it may be a means of bending the competition rules and artificially over-valuing, without cost, their own company or even unfairly maligning a competitor;
20. Voices its concern about the routine use of behavioural advertising and the development of intrusive advertising practices (such as reading the content of e-mails, using social networks and geolocation, and retargeted advertising) which constitute attacks on consumers' privacy;
21. Emphasises the risk presented by companies that are both content providers and advertising sales houses (owing to the potential for cross-referencing data collected in the course of each of these activities); calls on the Commission and Member States to ensure that different levels of data collection are kept wholly separate;
22. Stresses that consumers must receive clear, accessible and comprehensive information about how their data are collected, processed and used and urges advertisers to work towards a standard use of the consumer-friendly opt-in format; notes that this personal data should be kept and used only with the explicit agreement of the consumer;
23. Stresses the need for consumers to be informed fully when they accept advertising in exchange for discounts based on behavioural marketing techniques;
24. Underlines the need to incorporate privacy issues as standard in future technological solutions which involve personal data; considers that developers of new technology must, from the very beginning of the development process, incorporate data security and protection in line with the highest standards and with reference to ‘Privacy by Design’;
25. Calls on the Commission to explore the various means (whether legislative or not) and ascertain the technical options at European Union level to effectively implement the following measures:
– carry out an in-depth study of new advertising practices involving online communication or portable devices; report the results of the study to Parliament;
– prohibit as soon as possible the systematic, indiscriminate sending of text message advertisements to all mobile phone users within the coverage area of an advertising poster equipped with Bluetooth technology without their prior consent;
– ensure that advertising practices respect the confidentiality of private correspondence and legislation applicable in this area; prohibit as soon as possible the reading by a third party, particularly for advertising or commercial purposes, of the content of private e-mails;
– require as soon as possible advertisements sent by e-mail to contain an automatic link enabling the recipient to refuse all further advertising;
– ensure as soon as possible the application of techniques making it possible to distinguish advertising tracking cookies, for which free and explicit prior consent is required, from other cookies;
– ensure that the use of default settings for computer systems sold to the public and for social networking services is systematically established in accordance with the strictest data protection standards (‘privacy by design’);
– develop an EU website labelling system, modelled on the European Privacy Seal, certifying a site’s compliance with data protection laws; considers that this should include a thorough impact assessment and must avoid duplication of existing labelling systems;
– pay particular attention, in cooperation with national advertising authorities and/or self-regulatory bodies, to misleading advertising, including online, in specific sectors such as the selling of food products, pharmaceuticals and medical care, where the health of consumers, on top of their economic interests, is likely to be affected, with potential serious consequences;
– modify the limited liability regime for information society services in order to make the sale by search engines of registered brand names as advertising keywords subject to prior authorisation from the owner of the brand name in question;
Protecting vulnerable groups
26. Calls on the Commission to conduct a detailed analysis of the impact of misleading and aggressive advertising on vulnerable consumers, in particular children and adolescents, by 2012, and to guarantee the proper application of the relevant laws on the protection of children and adolescents;
27. Calls on the Commission to carry out as a matter of priority an in-depth study on the precise socio-psychological effects of advertising, in view of the new refined techniques being deployed;
28. Stresses that children and adolescents are especially vulnerable categories of people in view of their great receptiveness and curiosity, lack of maturity, limited free will and high potential to be influenced, especially through the use of new means of communication and technologies;
29. Urges Member States to promote greater protection of vulnerable consumers, such as children, to encourage the media to restrict TV advertising addressed at children during TV programmes watched mainly by the young (such as children’s educational programmes, cartoons, etc.), given that similar measures are already being implemented in some Member States;
30. Calls for all children's specific interests to be free from targeted advertising;
31. Draws attention to the vulnerability of consumers to mimetism, which can lead to inappropriate behavioural attitudes, violence, tensions, disappointment, anxiety, harmful addictions (smoking, drugs), eating disorders, such as anorexia nervosa and bulimia, and disturbance of mental equilibrium; calls on all advertising agencies and media professionals to reconsider the promotion of extremely skinny models (men or women) in order to avoid harmful messages about appearance, body imperfections, age and weight, taking into account the influence and impact of advertising on children and young people;
Guaranteeing gender equality and human dignity in advertising
32. Calls on the Commission and Member States to take appropriate means to ensure that marketing and advertising guarantee respect for human dignity, without any discrimination based on gender, religion, convictions, disability, age or sexual orientation;
33. Takes the view that advertising can be an efficient tool in challenging and confronting stereotypes and a lever against racism, sexism and discrimination, essential in today’s multicultural societies; calls on the Commission, Member States and advertising professionals to strengthen training and education activities as a way to overcome stereotypes, combat discrimination and promote gender equality, especially from a young age; urges the Member States in particular to introduce and develop close cooperation with existing schools of marketing, communication and advertising, so as to help provide sound training for the sector’s future workforce;
34. Urges the Commission to promote comparative research and documentation among the Member States concerning the image of women being projected by advertising and marketing content and to identify good practices for effective and gender-friendly advertising;
35. Urges the Commission and Member States to consolidate the role and encourage the consultation of user and/or consumer organisations responsible for evaluating the impact of advertising on gender outlook and elsewhere;
36. Stresses that advertising often communicates discriminatory and/or undignified messages based on all forms of gender stereotyping, which hinder gender equality strategies; calls on the Commission, Member States, civil society and advertising self-regulatory bodies to cooperate closely to combat such practices, notably by using effective tools which guarantee respect for human dignity and probity by marketing and advertising;
37. Stresses that, since the advertising of consumer goods is associated directly with the press, radio and television media, of which it is an inseparable component, and indirectly with the film industry and television series in the form of product placement, it follows that reliable advertising and the promotion of healthy role models may have a positive influence on society’s perceptions of issues such as gender roles and the human body image and normality; encourages advertisers to be more constructive in their advertisements, in order to promote the positive role of women and men in society, at work, in the family and in public life;
Educating and informing the various stakeholders
38. Stresses the crucial importance of transparency and consumer information in the advertising field, and the need for consumers to develop a critical attitude to the quality of media content;
39. Calls on the Commission to:
– include some additional advertising-related indicators in the Consumer Markets Scoreboard (as well as the data already included on fraudulent or mendacious advertising); draws attention, however, in this connection to the terms of its resolution of 9 March 2010[14] stipulating that adding further indicators may be useful when the five basic indicators and the associated methodology have been developed to a sufficiently high level;
– devise information campaigns on consumers’ rights in respect of advertising, including the use of their personal data, and to develop educational material explaining how they can protect their privacy on the internet and what they can do to put a stop to any situation that undermines their privacy or dignity;
– develop an EU programme designed to teach children to be wary of advertising, modelled on the United Kingdom’s Media Smart initiative;
– require, as soon as possible, the insertion of the clearly readable words ‘behavioural advertisement’ into the relevant online advertisements, as well as a window containing a basic explanation of this practice;
40. Calls on the Commission to draft common guidelines for SMEs and on the Member States to encourage national authorities and/or self-regulatory bodies to provide advisory services for SMEs and conduct information campaigns designed to alert SMEs to their legal obligations in respect of advertising;
41. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.
- [1] OJ L 149, 11.6.2005, p. 22.
- [2] OJ L 376, 27.12.2006, p. 21.
- [3] OJ L 95, 15.4.2010, p. 1.
- [4] OJ L 364, 9.12.2004, p. 1.
- [5] OJ C 83, 30.3.2010, p. 389.
- [6] OJ L 281, 23.11.1995, p. 31.
- [7] OJ L 201, 31.7.2002, p. 37.
- [8] OJ L 178, 17.7.2000, p. 1.
- [9] Texts adopted, P7_TA(2010)0046.
- [10] Texts adopted, P7_TA(2010)0051.
- [11] OJ C 46 E, 24.2.2010, p. 26.
- [12] OJ C 16 E, 22.2.2010, p. 5.
- [13] OJ C 295 E, 4.12.2009, p. 43.
- [14] ?P7_TA-PROV(2010)0051.
EXPLANATORY STATEMENT
This report deals with unfair commercial practices in the advertising field, as defined in the Unfair Commercial Practices Directive (UCPD), and concentrates on issues arising from the development of new advertising practices and technologies. It does not discuss B2B relations, which are covered inter alia by Directive 2006/114/EC.
Rather than adopting a socio-philosophical approach to the subject, the rapporteur has chosen to focus on specific issues.
Advertising is a tool that benefits both the internal market (oiling the wheels of economic activity by stimulating competition, competitiveness, innovation and creativity) and consumers (by increasing choice and lowering prices). It is a key economic sector: the EU online advertising market alone is worth more than EUR 14 billion.
It must not be idealised, however: advertising can also involve unfair practices, intrude into public spaces (e.g. advertising billboards) and the private arena (e.g. unsolicited e-mails), target vulnerable groups of people (such as children and those in excessive debt), create potential entry barriers to the internal market (where the outlay required is too high) and distort the internal market (by causing consumers to buy goods or services they would not normally have purchased).
Evaluation of existing legislation
The rapporteur highlights problems in the implementation of the UCPD, and calls on:
– the Member States to provide national authorities with the necessary human, financial and technological resources;
– the Commission to update its guidelines on the implementation of the UCPD on a regular basis.
EU-wide cooperation in combating unfair online advertising practices should be stepped up in view of the success of ‘EU sweeps’ (systematic, simultaneous website checks by the Member States), which have so far been confined to three sectors (airline tickets, mobile phone ring tones and electronic devices). The rapporteur suggests broadening the scope and increasing the frequency of such sweeps.
The rapporteur also supports co-regulation, whereby the various stakeholders are involved in legislative developments, so that the resulting measures are more effective and easier to apply.
In the audiovisual sector, the rapporteur points out that 12 Member States have yet to implement the AMSD. In his view, the forthcoming report on the application of this directive should include an analysis of the impact of new technologies (such as IPTV).
Self-regulation
Self-regulation is very common in the advertising field, although its extent varies depending on national traditions. This is a dynamic, flexible approach conducive to addressing rapid developments in the advertising sector; it is based on instilling responsible attitudes and disseminating good practices. The International Chamber of Commerce has produced an international code of conduct, which sets out basic principles (such as standards of decency) and is supplemented by codes relating to specific areas (such as alcohol); national self-regulatory bodies apply their own versions of the code in the Member States.
The rapporteur wishes to encourage self-regulation with a view to establishing a tradition of self-discipline and responsible communication, while being mindful of the inherent limitations of such an approach (the scope for imposing penalties, for example). Self-regulation supplements legislation, but cannot take its place.
Issues raised by the use of new technologies
The development of new technologies and advertising practices has brought about far-reaching changes (including the internet, social networks, forums, blogs, growing user mobility and the boom in digital products).
The internet, which differs radically from other means of communication (owing to its anonymity, the speed of exchanges, its extensive reach, the combination of text, video and music and the fact that it is difficult for national authorities to monitor), has become an important advertising medium.
The rapporteur is of the opinion that advertising via the internet and portable devices requires in-depth analysis, and calls on the Commission to study these new practices.
The rapporteur highlights the issue of targeted advertising, which can take a number of forms:
– contextual advertising, based on the immediate content provided to internet users and the keywords entered;
– personalised advertising, based on internet users’ known characteristics, such as age, gender and location;
– behavioural advertising, based on an analysis of internet users’ behaviour over time (sites visited, online purchases, etc.).
While personalised advertising (offers of products or services tailored to consumers’ tastes, for example) is not in itself a problem, it must not lead to the development of intrusive advertising based on consumer tracking, which breaches the principles of data protection and privacy.
Accordingly, the rapporteur proposes the following measures to protect consumers:
– prohibiting the indiscriminate sending of unsolicited advertising to mobile phones – by means of Bluetooth technology – without prior consent;
– providing consumers with clear, accessible and comprehensive information about how their data are collected, processed and used;
– requiring advertisements sent by e-mail to contain a direct, working hyperlink that enables consumers to refuse all further advertising;
– prohibiting the content of private e-mails being read for advertising purposes (although this practice is based on a technique similar to those used by anti-spam filters, it serves a different purpose);
– ensuring that data collected in the course of supplying a service (such as an e-mail account) are kept wholly separate from those collected in the course of advertising activities;
– ensuring that consumers are informed about the discriminatory practices sometimes associated with behavioural advertising (such as price adjustments based on an internet user’s profile): such practices should be transparent, and consumers should be notified of the real price prior to any adjustments;
– distinguishing advertising cookies, for which a consumer’s prior consent is required, from other cookies;
– encouraging default internet privacy protection settings that meet the highest standards (‘privacy by design’);
– introducing an EU label for websites that comply with EU data protection legislation, modelled on the European Privacy Seal (a voluntary trans-European label certifying the compliance of IT-based products or services with EU data protection legislation, supported by numerous national and regional bodies in different Member States);
– restricting online alcohol advertising;
– modifying the limited liability regime for information society services in order to make the sale by search engines of registered brand names as advertising keywords subject to prior authorisation from the owner of the brand name in question (this applies, for example, to sites containing a keyword that redirects consumers to counterfeit sites).
Online advertising also includes ‘hidden’ forms of advertising whereby consumers post comments to one another on forums about a product or service (e.g. TripAdvisor). With just one click, such comments can ruin a company’s reputation and mislead consumers.
The UCPD covers online advertising in the context of business-to-consumer relations (irrespective of whether businesses declare themselves as such or pass themselves off as consumers), but not consumer-to-consumer relations. Although comments based on personal experience are difficult to distinguish from advertising (and anonymous exchanges are hard to monitor), this form of misleading advertising affects both consumers and the businesses targeted. In addition, the development of internet auction sites has created a new form of consumer-to-consumer advertising that is not covered by either the UCPD or the conventional definition of advertising.
Accordingly, the rapporteur suggests encouraging the emergence of forum observers/moderators who are alert to the dangers of hidden advertising and can respond rapidly if a comment strikes them as dubious. However, it is important to balance online consumer protection with freedom of expression.
Lastly, the rapporteur addresses the issue of advertising techniques involving social networks. Such networks are playing an increasingly important role in society, particularly among young people, and may be used for purposes such as social contact (Facebook) or job-hunting (LinkedIn).The vast amount of information exchanged between ‘friends’ on these sites is often used for advertising purposes (e.g. Facebook’s ‘Like’ feature, whereby users can tell their list of ‘friends’ about a product or brand by clicking the ‘Like’ button on the sites of Facebook’s commercial partners).
Protecting vulnerable groups of people
The most vulnerable groups of people (children, adolescents, the elderly and so on) need special protection. Accordingly, the rapporteur calls on the Commission to study the impact of misleading, aggressive advertising on vulnerable consumers, and points out that children must not be subjected to specifically targeted advertising in view of their great receptiveness and curiosity, limited free will and potential to be influenced.
Educating, informing and training the various stakeholders
The rapporteur notes that there is a lack of information about consumers’ rights in respect of advertising, and suggests taking steps to facilitate access to information and make advertising more transparent (examples include inserting the words ‘behavioural advertisement’ into the relevant advertisements, and clarifying statements of terms and conditions).
Given that the general public is often unaware of the issues surrounding the use of personal data and the tools available for addressing them, the rapporteur suggests launching information campaigns on consumers’ rights in respect of advertising, in particular as regards the use of personal data (irrespective of whether they are provided voluntarily or collected automatically). He also suggests producing educational material to inform internet users about the technologies available to manage ‘traces’ left on the web, and about how to protect their privacy.
It is also essential to develop a critical attitude to the quality of media content. Well-informed consumers are in a stronger position. In view of the lack of advertising literacy, the rapporteur suggests introducing an EU education programme modelled on the United Kingdom’s Media Smart initiative, which was launched in 2002 and has been taken up by a number of Member States. This is a non-profit education programme aimed at children between the ages of six and 11, delivered in schools in conjunction with families and designed to make children advertising-literate by enhancing their understanding of advertising and teaching them how to interpret it.
The rapporteur notes that the development of the internet and of digital technologies has simplified and democratised access to advertising techniques (e.g. AdSense), but that such techniques are often used without a proper understanding of current advertising regulations. Accordingly, he emphasises the need to educate SMEs – which are increasingly advertising online – about the media, and calls on the Member States to encourage national authorities and/or self-regulatory bodies to conduct information campaigns in order to alert SMEs to these issues.
OPINION of the Committee on Women’s Rights and Gender Equality (1.10.2010)
for the Committee on the Internal Market and Consumer Protection
on the impact of advertising on consumer behaviour
(2010/2052(INI))
Rapporteur: Antigoni Papadopoulou
SUGGESTIONS
The Committee on Women’s Rights and Gender Equality calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to incorporate the following suggestions in its motion for a resolution:
– having regard to its resolution of 3 September 2008 on how marketing and advertising affect equality between women and men,
1. Stresses that advertising often communicates discriminatory and/or undignified messages based on all forms of gender stereotyping, which hinder gender equality strategies; calls on the Commission, Member States, civil society and advertising self-regulatory bodies to cooperate closely to combat such practices, notably by using effective tools which guarantee respect for human dignity and probity by marketing and advertising; considers it necessary for all Member States which have not yet done so to set up an advertising watchdog body in order to ensure the communication of messages in a responsible manner and in accordance with EU principles;
2. Highlights the existence of certain advertisements which portray either various types of violence or stereotypes of women as objects, transform femininity into a consumer item, humiliate women and debase their dignity and devalue their fundamental roles in society; urges the Commission and the Member States to develop European awareness campaigns, particularly among adolescents and young people, against exploitation of the female and male body and dissemination of sexist messages, ensuring that there is no dissemination of content that justifies, trivialises or incites violence against women; calls on the Member States, to this end, to reward advertising agencies and advertisers which comply fully with these guidelines, for example by commissioning them to carry out national and European awareness campaigns;
3. Calls on the Commission and the Member States to ensure by appropriate means that the media and advertising professionals guarantee respect for human dignity and that they oppose direct or indirect discriminatory or stereotyping images or any incitement to hatred based on sex, race, ethnic origin, age, religious or other beliefs, sexual orientation, disability and social status;
4. Notes and deplores the fact that advertising and marketing tends to send misleading messages by means of enticing virtual images that propagate the idea of perfection, which impose uniformity, sow the seeds of rivalry within the female population, promote role models bearing no relation to reality and have a negative influence on the self-esteem and self-respect of women, men and young people; draws attention to the vulnerability of consumers to mimetism, which can lead to inappropriate behavioural attitudes, violence, tensions, disappointment, anxiety, harmful addictions (smoking, drugs), eating disorders, such as anorexia nervosa and bulimia, and disturbance of mental equilibrium; calls on all advertising agencies and media professionals to reconsider the promotion of extremely skinny models (men or women) in order to avoid harmful messages about appearance, body imperfections, age and weight, taking into account the influence and impact of advertising on children and youth;
5. Calls on the media to use language in a non-sexist way in the programmes they make, to ensure that women participate actively and are represented in a balanced way, and to ensure that there are diverse images of both sexes, going beyond general concepts of beauty and sexist stereotypes of roles carried out in different areas of life, in particular where content aimed at children and young people is concerned;
6. Stresses that, since the advertising of consumer goods is associated directly with the press, radio and television media, of which it is an inseparable component, and indirectly with the film industry and television series in the form of product placement, reliable advertising and the promotion of healthy role models may have a positive influence on society’s perceptions of issues such as gender roles, and the human body image and normality; encourages advertisers to be more constructive in their advertisements, in order to promote the positive role of women and men in society, at work, in the family and in public life;
7. Likewise stresses that political, social and cultural activities promoting or aimed at women, as well as those that encourage the empowerment of women, should be disseminated on an equal footing;
8. Takes the view that advertising can be an efficient tool in challenging and confronting stereotypes and a lever against racism, sexism and discrimination, essential in today’s multicultural societies; calls on the Commission, Member States and advertising professionals to strengthen training and education activities as a way to overcome stereotypes, combat discrimination and promote gender equality, especially from a young age; urges the Member States in particular to introduce and develop close cooperation with existing schools of marketing, communication and advertising, so as to help provide sound training for the sector’s future workforce;
9. Calls on Member States to introduce quotas or other positive measures in the public media together with objectives to improve the participation and representation of women;
10. Highlights that it is important to encourage a continuous dialogue among the European Commission, the European Parliament, national parliaments, civil society, regulatory bodies and advertising specialists;
11. Urges the Commission to promote comparative research and documentation among the Member States concerning the image of women being projected by advertising and marketing content and to identify good practices for effective and gender-friendly advertisement;
12. Urges the Commission and Member States to consolidate the role and encourage the consultation of user and/or consumer organisations responsible for evaluating the impact of advertising on gender outlook and elsewhere;
13. Urges the Commission to introduce an annual quality award for advertisements which most effectively promote respect for the dignity, role and image of women in the portrayal thereof;
14. Calls on the Commission and the Member States to evaluate the implementation of national codes of conduct relating to the media and new information and communication technologies; calls on the Member States to assess the effectiveness of national self-regulatory bodies.
RESULT OF FINAL VOTE IN COMMITTEE
Date adopted |
29.9.2010 |
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Result of final vote |
+: –: 0: |
20 3 0 |
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Members present for the final vote |
Edit Bauer, Emine Bozkurt, Andrea Češková, Marije Cornelissen, Silvia Costa, Edite Estrela, Ilda Figueiredo, Iratxe García Pérez, Jolanta Emilia Hibner, Mary Honeyball, Sophia in ‘t Veld, Lívia Járóka, Teresa Jiménez-Becerril Barrio, Philippe Juvin, Nicole Kiil-Nielsen, Rodi Kratsa-Tsagaropoulou, Barbara Matera, Antonyia Parvanova, Frédérique Ries, Raül Romeva i Rueda, Joanna Katarzyna Skrzydlewska, Eva-Britt Svensson, Marc Tarabella, Britta Thomsen, Anna Záborská |
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Substitute(s) present for the final vote |
Christa Klaß, Elisabeth Morin-Chartier, Mariya Nedelcheva, Chrysoula Paliadeli |
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Substitute(s) under Rule 187(2) present for the final vote |
Julie Girling, Gesine Meissner |
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RESULT OF FINAL VOTE IN COMMITTEE
Date adopted |
8.11.2010 |
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Result of final vote |
+: –: 0: |
30 1 2 |
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Members present for the final vote |
Anna Maria Corazza Bildt, António Fernando Correia De Campos, Jürgen Creutzmann, Christian Engström, Evelyne Gebhardt, Malcolm Harbour, Iliana Ivanova, Philippe Juvin, Hans-Peter Mayer, Robert Rochefort, Heide Rühle, Christel Schaldemose, Andreas Schwab, Laurence J.A.J. Stassen, Catherine Stihler, Róża Gräfin von Thun und Hohenstein, Kyriacos Triantaphyllides, Bernadette Vergnaud, Barbara Weiler |
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Substitute(s) present for the final vote |
Simon Busuttil, Cornelis de Jong, Frank Engel, Constance Le Grip, Claude Moraes, Pier Antonio Panzeri, Sylvana Rapti, Olle Schmidt, Marc Tarabella, Anja Weisgerber |
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Substitute(s) under Rule 187(2) present for the final vote |
Margrete Auken, Jan Březina, Mariya Nedelcheva, Norica Nicolai |
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