A Comparative Analysis of Advertising and Food Safety
Chapter 4: Institutional design of advertising code enforcement
Codes of conduct developed by the advertising industry have traditionally been enforced by SROs that operate at the national, rather than transnational, level. This chapter examines the institutional design of code enforcement and determines how SROs promote and achieve compliance with the codes of conduct they oversee. The chapter will do so by investigating the regimes in place in the UK, France, Germany and the Netherlands. The regimes in these jurisdictions represent four different models of code enforcement based on the type of procedures they use to assess and ensure compliance, and the extent to which their practices are recognised by or embedded in the national legal framework applying to advertising. In relation to the first variable, the regimes in place in the UK and France deploy a variety of instruments to proactively secure compliance, whereas the German and Dutch regimes principally rely on incoming complaints on publicised advertising to take (reactive) enforcement action. As regards the second variable, the British and Dutch regimes enjoy strong backing of local public authorities, while public authorities in France and Germany have largely disregarded the national private regimes. This fact is important as it is likely to determine the type of relationship between public and private enforcement activities.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.