Copywriting for the Electronic Media Chapters 3 Legal & Ethical Issues
Federal Agencies • Federal Communications Commission – FCC • Federal Trade Commission – FTC
FCC • Contests – How to enter – Eligibility – Deadlines – Station required to disclose all terms at time contest is started
FCC • Lottery – Not legal in broadcasting • What constitutes a lottery – PRIZE – CHANCE – CONSIDERATION
Important Part of Copy • When Doing Any Contest • “NO PURCHASE NECESSARY”
FCC • Disclose payments that involve programming – Payola / plugola • Must identify all sponsors or products during commercial announcements.
FCC LEGAL or ILLEGAL A1 Save money on food for your family A2 Where at? Can’t tell you till Friday A1 A2 Why not? Because it’s a surprise A1 A2 But I have to wait until Friday? A1 Yes but it will be worth it. Listen Friday for details
FCC • Telecommunication Act – Requires cable & TV to carry political ads for all candidates for a given office once they permit a legally qualified candidate to use their facilities. (Non-news) – Offer lowest cost – per-spot offered to best customers
FCC • Political Sponsorship – Who paid for the ad • Sponsored by – Identify in a way to reveal true sponsors identity – Must end with “Paid for by the Committee to elect Joe Jones” OR “I’m Joe Jones and I authorized this ad.” – TV – identification can be visual only
FTC • Unfair & Deceptive business practices – False or misleading advertising • Listerine kills germs on contact – Illegal is they contain • Deliberately false demonstrations • False statements • Research data must not be misleading – Lies, damn lies and statistics – Disclaimers (disclose information)
FTC • Paid endorsements must be identified • Comparative ads should not cut down or unfairly attack competitors – Must be able to verify claims made by product • Truth in lending requirements – Fully disclose all credit terms • Small print in TV ad
Read the Fine Print
Radio Ad Read fast in radio commercial
FTC • Doctors / dentists – Copy may not appeal to persons fears, ignorance or anxieties regarding his/her health or well being
Is it illegal to advertise on TV? • Condoms • Liquor • Gambling • Lotteries • Cigarettes
Is it illegal to advertise on TV? • Condoms - No • Liquor - No • Gambling – Not if you are a state where it is legal • Lotteries – Not if you are in a state where it is legal • Cigarettes - YES
Social Responsibility • What do you normally hear when listening/watching ads for things like… • GAMBLING? • LIQUOR? • BEER?
What about delicate subjects • Funeral Homes – Discrete – Respectful – Low Key
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