Chapter 18: The Regulation of Advertising
Avshalom Ginosar Academic discussion on advertising regulation is characterized by its multi-disciplinary nature. It engages scholars from disciplines such as economics, law, communications, public policy, decision making and marketing. Consequently there is no unified body of literature on the subject and there is no single framework for studying and analyzing it or for comparing different regulatory regimes across different countries, media, technologies and/or eras. Creating such an integrative model, based on studies from various academic disciplines, was first suggested by Rotfeld and Stafford (2007), who recommended developing an interdisciplinary course of research based on the interface between advertising and public policy. In accordance with this idea, this chapter suggests an analytical framework that aims to cover various aspects of advertising regulation (see Figure 18.1). The framework is based on four main distinctions: (1) the content of regulation, which deals with the variety of advertising topics that might be subject to regulation (such as the obligation to identify commercial messages and separate them from editorial content, the maximum amount of advertising, the prohibition of offensive advertising content, etc.); (2) the level of regulation, which addresses the distinction between national and supranational regulation; (3) the mode of regulation, which reflects the differences between statutory-compulsory regulation and voluntary or self-regulation; (4) the technological distinction, which refers to differences in advertising regulation between traditional media (such as print, radio and television) and new media (the Internet and mobile phones) and The Mode Statutory/voluntary The Level National/supranational Rule making, monitoring and rule enforcement The Technology...
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