Nieuws
Terug naar overzichtVoorlopig rapport "Impact of Advertising" in Europees Parlement
Op 8 november 2010 stemden de Leden van het Europees Parlementair Commitee "Internal Market and Consumer Protection" (IMCO) over de draft versie van het verslag "De impact van Reclame op Consumentengedrag", voorgesteld door de Fransman Philippe Juvin. Het verslag bevat een aantal positieve aspecten van reclame en zelfregulatie, maar stelt ook een aantal reclametechnieken in een negatief daglicht, vooral wat betreft online marketing communicatie.
Wij citeren volgende punten uit het rapport:
- Advertising is valuable and self-regulation is a dynamic “adjunct” to regulation: The draft report finds that advertising is an important and often “crucial” source of funding for the European media and therefore actively contributes to a diverse and independent press in Europe; it fosters competition and is beneficial for consumers, offering choice and information, and lowering prices. The draft report adds that self-regulation is a “dynamic, flexible and responsible adjunct to the existing legislative framework” but should not take the place of legislation.
- The UCP Directive is unevenly applied and unable to address certain techniques: The Unfair Commercial Practices Directive is an essential legal instrument to combat misleading and aggressive advertising, but is unevenly applied in Member States. It also fails to prevent “hidden advertising”, which is defined by the draft report as “comments posted on social networks, forums and blogs (...) appearing to emanate from consumers themselves when in reality these are messages of an advertising or commercial nature”.
- New online advertising techniques are “pervasive” and constitute “attacks” on consumers’ privacy: The draft report considers that the development of “intrusive” advertising techniques – behavioural advertising, profiling, geolocalisation, mobile phone ads, ads on social networking sites, ads in relation to email content – are an “attack” on consumers’ privacy, if they have not been “freely and explicitly consented to by the consumers”. It argues that “there is still a lack of information on the precise socio-psychological effects of new, more pervasive and more wide-spread forms of advertising”. In particular, the report calls for the prohibition of advertising generated by the content of emails. Advertising on mobile devices is also identified as “generating a range of problems”, especially ads prompted using the Bluetooth technology, which should be prohibited unless prior consent has been given. The draft report urges advertisers to “work towards a standard use of the consumer-friendly opt-in format” and promotes “privacy by design”, according to which privacy and data protection are embedded throughout the entire life cycle of technologies, from the early design stage to their deployment, use and ultimate disposal.
- Children should be better protected from advertising: The draft report calls for “greater protection of vulnerable consumers, such as children” and encourages 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.” In particular, the draft report insists that all children’s specific interests should be “free from targeted advertising”. The draft report also promotes educational programmes for children, and encourages the EU to develop a programme modelled on the UK’s Media Smart initiative.
- Advertising often communicates discriminatory messages: While advertising can be “an efficient tool in challenging and confronting stereotypes and a lever against racism, sexism and discrimination”, the draft report finds that advertising often communicates discriminatory and/or undignified messages based on all forms of gender stereotyping. It also calls for “all advertising agencies and media professionals to reconsider the promotion of extremely skinny models”.
- Restrictions on alcohol advertising no longer feature in the report: Importantly, calls for tighter restrictions to alcohol advertising – particularly online – were rejected. The rapporteur’s original wording suggested limiting alcohol advertising online to certain websites – those of industry professionals, local authorities and tourist offices. This amendment was defeated by a large majority.
Het draft verslag werd gestemd met 30 voorkeurstemmen, 1 stem tegen en 2 onthoudingen.
Next steps: Het verslag wordt gestemd in een plenaire meeting tussen 13 en 16 december in Straatsburg.
Samen met WFA zal de UBA verder samenwerken met de reclamesector om de positieve aspecten van reclame beter te doen uitkomen in het finale verslag.


