Brand Advertising - New Rules

A new code of advertising practice ruling on brand advertising is now coming into force.

Previously, ‘Brand advertising’ has been independent of the products or services you sell. The nature of the product or service you sell will now be taken into account when you advertise the 'Brand.'

For instance. There are strict rules on advertising foods with high fat, salt or sugar content (HFSS). Before it had been possible to promote the Store or Band alone. From today, ‘Band advertising' will fall under the same rules as the product/service the band sells.
So, if your brand is XYZ’s and you are known for the famous 'XYZ Burger'. You will now have to follow the rules on HFSS advertising on all your adverts. But, if your main activity is elsewhere, not associated with an HFSS product. That the majority of your sales are from other services. Then the old rules may still apply.
We now wait on precedent being set, to see just how this is to be applied in practice.

Gavin. Vid-FX+ Advertising.

To swear or not to swear, that is the question.

Over the last few months, I have seen many articles advocating the use of swearing in advertising. While swearing, can be a powerful tool. It is not something that I would advocate using without seeking professional advice. Particularly if the general public could access the advert.

Where guidelines on this issue can be rather vague, established precedent is more specific. You cannot swear where children, vulnerable and impressionable adults, can see it. Nor in a context that may cause alarm or offence. 

Should you choose to use swearing, make sure that you have considered the context in which it's used. The product or service it is in relation to. As well as the chosen medium, its reach and the audience who will viewing it. Then estimate what the potential damage to your business could be. As well as the possible public reactions.

Even though some humorous use of swearing has used before. Other attempts have fallen foul of the regulators. For instance. French Connection used 'FCUK' as a high profile brand identity in the 1990’s. While they also used FCHK and FCUS, it was the FCUK logo that gained worldwide popularity. Yet, this popularity did not extend into the 21st century. While swearing maybe used as bit of a joke. Advertising for the ‘UNT mug’ fell flat on its face. (Google images for the ‘UNT mug’ to see why.)

“But it's only on my social media." 

"It's only for limited circulation."

"Who’s going to notice?”

These are some of the excuses I have heard.  None of these justify poor and inappropriate choices of words in your advertising.

If you are convinced that this is the route for you. There are some items to consider.

1. The UK Code of Advertising Practice, covers web-based media. This including websites, social media and online video. 

You are just as liable for an obscure web ad on your site, as for a national TV advertising campaign.

2. You are still liable, even if someone else shares your material. 

If you get your advert right, people will want to share it. Will your advert be compliant with the obscenity laws of other English speaking countries? Could it cause offence to other races or cultures? 

3. It takes only one complaint to have an advert taken down. 

That's right, just one single complaint. You had better be sure of your audience.

Importantly:

Why are you making an advert if no one is going to notice? The whole point of advertising is to attract attention, to get noticed. Hiding an advert where only a select few can see it is a waste of time, money and resources. 

Would I recommend that a client uses swearing in an advert?

Generally no. It mostly fails to achieve its objective. Currently too many are attempting to use this technique inappropriately. Which means the conditions that would make such an advert outstanding; do not exist at this time. Swearing no longer has the impact to gain the notoriety that is required for it to succeed. You will only be seen as copying a trend, not as the trendsetter.

Have I ever used such techniques? Yes. But that was in different time and a different place. When there was no Internet and values were different.

I would suggest that the pundits advocating the use of swearing in advertising. Are not the ones who will suffer the consequences if things go wrong.

Gavin Bryan-Tansley - Vid-FX+ Advertising

Will you be breaking the law?

There is an extremely good chance that before the end of 2017 your business could be breaking the law. This is because most UK businesses are in blissful ignorance of the introduction of a new EU data law, the General Data Protection Regulation (GDPR).

Failure to address this issue could lead to fines of hundreds of millions of Euros, or five per cent of turnover. With the possibility of consumers being able to claim damages for misuse of data, heading your way!

To meet coming compliance standards most of the currently advocated practices for data collection will have to be abandoned or at least seriously changed. These new requirements make no provision for the size of the business collecting the data. They will apply to all businesses irrespective of size. Therefore it is essential for businesses to identify the right sources of advice to ensure their future compliance with these new regulations.

There is a solution.

As these regulations are European only, a good rule of thumb is if the advice is in English ensure that it is of British and not of American origin. If it is priced in dollars avoid it!

While it is inherent on all  EU businesses to seek the proper professional advice, appointing an individual or an agency to be responsible for ensuring the new regulations are compiled with. The new EU data laws will require audits of all current data and how it was collected as well as ensuring that all new data collected is fully compliant. The result will leave your data secure, better organised and ensure that you are marketing to people who want to hear your message and not annoying those who do not, thus ensuring a better chance of a positive result.

These regulations may seem onerous, yet they are not much more than the best practice, that already advocated in UK. They can be used to build a bond trust with prospective clients. Ensured confidentiality, can allow you to generate valuable new data, making direct sales calls easier to target.

Instead of looking at this EU data law as a unwelcome burden on your business, look at it as an opportunity to build your businesses reputation for compliance and professionalism. Simply ensure that you are taking your advice from the right source.

Gavin Bryan-Tansley ~ Owner Vid-FX+ Advertising