Keeping digital advertising within the law EFCCE Conference 16-17 May, Paris LHC Building Blocks - Media Law Training

Keeping digital advertising Keeping digital advertising within the lawwithin the law

EFCCE Conference16-17 May, Paris

LHC Building Blocks - Media Law Training

From www to web 3.0From www to web 3.0

• 30 April 1993: CERN put the www in public domain

• Today: web 2.0

• Tomorrow: semantic web 3.0


Web 2.0Web 2.0


Web 2.0Web 2.0


Web 3.0Web 3.0

• Semantic web: pushing the boundaries of search and intelligent text filtering


60.8% 14% 3.5%

Of all global searches in 2007

Advertising funds servicesAdvertising funds services


Search marketing incomeSearch marketing income


Online display adsOnline display ads

• Display– Rich media (animated ads such

as pop ups or floating, video)– Sponsorship– Banners, skyscrapers…

• Targeted advertising:• Less in quantity• Better adapted to consumer taste


Online display adsOnline display ads


Are there global rules?Are there global rules?

• 1999 OECD guidelines for consumer protection in electronic commerce:

– No deceptive, misleading or unfair practices

– Advertising & marketing should be clearly identifiable as such


Vulnerabili

Vulnerabili

tyty


...take special care in advertising or marketing targeted at children the elderly or seriously ill…

Misleadingness & EU lawMisleadingness & EU law

• 2005 Unfair Commercial Practices directive bans:

– any form of commercial communication which cannot be clearly recognised as advertising (considered a misleading & unfair practice)


Misleadingness & EU lawMisleadingness & EU law

– Examples:• Content integration: commercial or paid-for branded content

included within editorial content without explaining that commercial or branded content is advertorial,

• Placing branded video or other content on popular networking websites without disclosing that the person posting the content acts as a brand ambassador

• Seeding positive messages about a brand in blogs, in a manner implying you are a simple member of the public…


Targeted online adsTargeted online ads

• How does it function?• The cookie connection:

– Cookies are strings of html text– Placed on our computer via a

specific website– Can register the sites we visit

showing banners relating to specific campaign, for example

• Raise issues of privacy


Global privacy rulesGlobal privacy rules

• 1948 UN Universal Declaration of Human Rights, Article XII:– No one shall be subjected to arbitrary

interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.



• 1980 OECD guidelines for the protection of privacy – Definition: personal data is any information

relating to an identified or identifiable individual– Companies should:

• Limit the data collected to what is relevant for the intended use

• Establish privacy policies• Ensure safety of collected data



• Person whose data is being collected should be given:

–Identity of company collecting data,–Purpose of data collection,–Right to access collected data,–Right to modify or have his data

deleted.


Privacy & EU lawPrivacy & EU law

• Collection & use of personal data– Strictly regulated by 1995 Data Protection directive & 2002

directive on Privacy in E-communications• Person whose data is being collected must receive following

information:– Identity of company collecting data,– Purpose of data collection,– Who will be given access to data,– Right to access collected data,– Right to refuse data collection.

• EU law applies to all non-EU companies placing cookies or spyware on computers in EU


Privacy issuesPrivacy issues

• Consumers lack understanding of their data being collected

• Privacy policies often unclear• Right to access or refuse data

collection: not visible• Vulnerability of children


Children’s privacy protectionChildren’s privacy protection

• No specific law in the EU• In the US, since 2002: the Children’s

Online Privacy Protection Act (COPPA)– Allows collection of personal data from

children under 13, only with express agreement of their parents

– But, application is voluntary and interpretation is approximative


• For social networking sites

• Example UK: – Ofcom research: Despite the fact that the

minimum age for most major social networking sites is usually 13 (14 on MySpace), 27% of 8-11 year olds who are aware of social networking sites say they have a profile on a site



Privacy issuesPrivacy issues

• UK Home Office guidelines: – recommend measures to block child sex

offenders from having access to social networking sites

– providers of social networking services should ensure that advertising on their sites is appropriate for the likely audience and legal



• Social networking sites (MySpace, Youtube)– Are adopting voluntary measures to

block access to known paedophiles – Not allow younger members to make

their profiles public– Mediate content & access


What if? What if?

• Current discussions on “inappropriate” advertising on social networking sites could spill over to other community sites (Youtube)

• Ask for application of rules applied to all other media– Ex: UK content rules for food marketing to

children (no use of cartoon characters) could be applied to the Youtube Skittles ad – which would then be illegal


The future in questionsThe future in questions

• It will largely depend on industry’s responsible behaviour how legislators will be dealing with online advertising


Documents

Keeping digital advertising within the law EFCCE Conference 16-17 May, Paris LHC Building Blocks - Media Law Training