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APJML
21,1
Regulation of soft issues in
advertising in Confucian societies:
a comparative examination
Zhihong Gao and Joe H. Kim
76
Rider University, Lawrenceville, New Jersey, USA
Received December 2007
Revised April 2008
Accepted June 2008
Asia Pacific Journal of Marketing
and Logistics
Vol. 21 No. 1, 2009
pp. 76-92
# Emerald Group Publishing Limited
1355-5855
DOI 10.1108/13555850910926254
Abstract
Purpose – This paper sets out to examine the formal regulatory framework of controlling soft issues
in six Confucian societies: China, Hong Kong, Taiwan, Singapore, South Korea and Japan. It aims to
investigate whether these societies adopt a similar approach to soft issues.
Design/methodology/approach – The approach takes the form of historical analysis and textual
analysis.
Findings – Japan stands out among Confucian societies in regulating soft issues. The other five
societies share considerable similarities, though each society’s approach ultimately reflects the
entanglement and interaction between various economic, political, cultural and historical factors in
the local context.
Practical implications – For international advertisers, the ideological facet of advertising
regulation in some Confucian societies spells unpredictable traps and troubles.
Originality/value – Only a very few works have systematically examined soft issues in advertising,
and few have focused on East Asia. The paper contributes to the literature by comparing how
societies with similar cultural traditions regulate soft issues.
Keywords Social factors, Advertising standards, Confucianism, East Asia
Paper type General review
Regulation of soft issues in advertising presents a serious challenge because it assumes
a strong subjective dimension and is influenced by a spectrum of cultural, religious,
political and economic forces (Boddewyn and Kunz, 1991). This is especially true today
in the age of globalization, when interactions and conflicts between the world’s cultural
and religious idea systems have intensified, and local forces increasingly turn to
traditional cultural elements in their attempts to curb the side effects of globalization
(Featherstone, 1990). In this context, soft issues in advertising are highly contested and
a primary contributor to the flux of local regulation.
Some specific soft issues, including alcohol and tobacco advertising, children’s
advertising, sex-role stereotyping and socially controversial products, have been
frequently studied (e.g. Shao and Hill, 1994; Taylor and Raymond, 2000). Yet, only a very
few works have systematically examined the topic (Boddewyn, 1991; Boddewyn and
Kunz, 1991). Moreover, broad international surveys in nature, these few works do not
investigate the link between national regulations and the local ideological context. As a
result, our understanding of the topic remains sketchy and superficial.
To examine the ideological underpinning of advertising regulation, this paper
applies the theory of new traditional economy and compares how six Confucian
societies, including China, Hong Kong, Taiwan, Singapore, South Korea and Japan,
regulate soft issues in advertising. The concept of ‘‘new traditional economy’’, proposed
by Rosser and Rosser (1998, 2005), describes economies which attempt to situate
their capitalist development in a traditional socio-cultural framework as a way to
address the social impact of Western-style modernization. The concept elegantly
accommodates the conflicting trends of globalization and provides a dynamic
perspective to understanding local regulation.
The paper is organized into five sections. It first reviews the relevant literature on
soft issues in advertising and then introduces the theory of new traditional economy.
The third section discusses the general background of the six Confucian societies. The
fourth section compares these societies’ approaches to soft issues. The last section
concludes by exploring the implications of the findings for international advertising.
Regulation of
soft issues in
advertising
Regulating soft issues in advertising
Advertising regulation encompasses three essential objectives: to encourage fair
competition, to protect consumer interest and to maintain social norms. Considered
hard issues, the first two objectives focus on ‘‘the deceptive character of advertisements
as well as on the proper substantiation of advertising claims’’ (Boddewyn, 1991, p. 25).
In contrast, the third objective deals with subjective, soft issues such as decency, taste,
public opinion and social ethics (Boddewyn, 1991; Boddewyn and Kunz, 1991).
Soft issues cover three general categories:
77
.
offensive advertising content;
.
advertising of socially controversial products; and
.
exploitation of vulnerable groups (Boddewyn, 1991).
The first category includes topics such as decency, sexism, sexuality, violence against
women and objectification of women (Boddewyn, 1991, p. 26). Socially, controversial
products can be either mentionable products such as cigarettes and alcohol, whose
consumption is deemed undesirable or socially unmentionable products such as
contraceptives and undergarments (Boddewyn, 1991; Wilson and West, 1981). Wilson
and West (1981) further divide the unmentionable into two subcategories: those whose
consumption is largely condemned by society (e.g. pornography and prostitution), and
those whose consumption is acceptable but socially embarrassing (e.g. personal
hygiene products and burial services). Finally, vulnerable groups may include children,
senior citizens and the underprivileged (Boddewyn, 1991).
Countries often adopt different approaches to soft issues in advertising (Boddewyn,
1991; Boddewyn and Kunz, 1991). In particular, many Western countries are wary of
soft issues, usually leaving them to market and communitarian forces (Boddewyn,
1991). Shao and Hill (1994) further confirm that societies may share considerable
common ground in defining what is offensive, yet diverge in their regulatory approach.
However, the literature on the topic, scanty as it is, does not provide adequate insight to
what accounts for the national differences.
Advertising is arguably more than a market mechanism. In fact, it asserts a direct
influence on social values, goals and ideals (Gustafson, 2001). Hence, advertising
regulation extends beyond the economic sphere and acquires a strong ideological
dimension. From this perspective, a better understanding of international advertising
regulation must take the local ideological landscape into consideration – the theory of
new traditional economy provides a dynamic framework for research in such a
direction.
The theory of new traditional economy
In a series of articles, Rosser and Rosser (1998, 2005) propose the concept of ‘‘new
traditional economy’’ to describe a ‘‘Third Way’’ between market capitalism and
command socialism: ‘‘In the New Traditional Economy there is an effort to re-embed a
modern or modernizing economy within a traditional socio-cultural framework,
APJML
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78
usually associated with a religion’’ (Rosser and Rosser, 2005, p. 562). According to the
authors, the new traditional economy ‘‘often put[s] forward an idea of society as a
whole being like a big family’’ and ‘‘claims to combine the old with the new, the
individual with the collective, the ethical with the practical’’ (Rosser et al., 1999, p. 764).
Islamic economics, neo-Confucian economics and Hindu economics are identified as
prominent examples of the new traditional movements (Rosser and Rosser, 2005;
Rosser, Rosser and Kramer, 1999).
To a great extent, the concept of new traditional economy elegantly accommodates
and summarizes the conflicting trends of globalization. Globalization is a complex and
pluralistic process involving constant interactions and contestations between various
idea systems at the global, regional and local level (Featherstone, 1990). Such a process
is full of paradoxes. On the one hand, the idea of free market has spread worldwide and
become a major engine for policy convergence in the economic arena (Hesmondhalgh,
2005). Thus, in promoting capitalist economic development, local regulation is
compelled to embrace liberalistic legal regime and values, which favor ‘‘the adoption of
impartial, rational self- over group identities and the assertion of universal laws over
local customs’’ (Cheng and Rosett, 2003, p. 2).
On the other hand, globalization brings to the foreground the sharp contradictions
between the global economy and local cultures, and fuels cultural renaissance
searching for self-definition and self-maintenance (Featherstone, 1990). In particular,
the Western model of modernization is often perceived to have caused social problems
such as loss of humanity, degradation of traditional norms and spiritual values and
triumph of individualism over community interest (Song, 2002, p. 114). In this context,
the new traditional movement emerges ‘‘partly as an ideological movement seeking to
assert the political, economic, and cultural autonomy of non-Western nations and
societies against the power and influence of US-style Western market capitalism’’
(Rosser and Rosser, 1998, p. 224).
The concept of new traditional economy provides a dynamic and holistic
perspective to understanding policy-making, including advertising regulation, at the
local level by framing the discussion in the context of negotiations and compromises
between conflicting idea systems. Rotzoll and Haefner (1996) propose that examining
the implicit or explicit assumptions of classical liberalism will likely lead to compatible
views of the role of regulation (p. 43). Free market ideas dictate that government
regulation ‘‘must be carefully circumscribed and extremely limited’’ (Oliver, 1988, p. 6).
In contrast, local traditional ideas may define the role of advertising differently and
consequently see a greater need for regulating advertising. Confucian societies in East
Asia provide a perfect case study to investigate how and to what extent conflicting idea
systems negotiate with each other to shape the local regulatory landscape.
Confucian teachings and Confucian societies
According to Rozman (1991), Confucian societies include China, Taiwan, Hong Kong,
Singapore, Japan and two Koreas. Empirical tests support the existence of such a
cultural cluster (Gupta et al., 2002). The list does not include Vietnam, whose claim to
membership of the group ‘‘is far more tenuous than that for any of the above areas’’
(Rozman, 1991, p. 7). This paper examines the Confucian societies identified above,
with North Korea excluded due to scarcity of information.
The six Asian societies all came under the influence of Confucianism in history,
though significant differences exist between them in terms of the time, degree and
social origin of their Confucianization (Collcutt, 1991; Duncan, 1998; Haboush, 1991;
Rozman, 1991). Notably, the Confucian concern for morality, propriety, modesty, social
harmony and human relationship, as well as its emphasis on moral education, has
profoundly branded the cultural consciousness of these societies (Ching, 1977; Shryock,
1966; Wilhelm, 1931). The ideal Confucian government consists of men with superior
moral qualities, who set good examples for the people, and who devote themselves to
moral education (Dawson, 1981). Due to rounds of anti-Confucian tides and most
importantly, the spread of Western liberal ideas, the influence of Confucianism in East
Asia has declined in the last 100 years (Ching, 1977; Rozman 1991). Nevertheless, the
Confucian idea system remains an influential, persistent aspect of East Asian societies.
The Confucian societies have all experienced rapid economic growth in the last few
decades, first led by Japan, then followed by the ‘‘Four Mini-Dragons’’, i.e. South Korea,
Taiwan, Hong Kong and Singapore, and most recently, by mainland China. However,
distinct from the Western liberalistic model, economic development in these societies
takes on the form of ‘‘managed and negotiated capitalism’’ ( Jayasuriya, 1999, p. 2):
the state, rather than adopting the minimal government intervention stance, has
actively intervened in the economy as well as maintained close relations with
businesses (Yoshimatsu, 2000). Rosser and Rosser (1998) call the East Asian capitalism
‘‘neo-Confucianism’’, a major rising new traditional economic system that supports
authoritarian state structures and familistic groupist attitudes.
The recent history of the Confucian societies confirms that Confucian ideas have
been actively exploited by their governments for the purpose of state building.
For instance, South Korea, in its conquest for economic development, has combined
nationalist ideals and Confucianism to invent its own work ethics (Kim and Park, 2003).
President Park Chung-hee even established the Academy of Korean studies to study
Confucianism as a component of Korea’s valuable spiritual culture (Hahm, 2003, p.
277). Similarly, the leaders of Singapore have been extolling Confucianism-based
‘‘Asian values’’ in their implementation of a ‘‘soft’’ authoritarian regime (Kuo, 1998;
Zakaria, 1994). Hong Kong has witnessed depoliticized, shallow discourses on good
citizenship and community building by both the colonial and Special Administrative
Region governments for the purpose of maintaining social order (Lam, 2005), and
Confucian values serve as a primary source for government guidelines on moral
education (Cheng, 2004). Lee Teng-Hui, Taiwan’s first popularly elected leader,
also advocates the concept of ‘‘Confucian democracy’’ (Lee, 1999), and the Taiwan
government has launched its project of nation-building (Hughes and Stone, 1999). The
Chinese government, in its struggle for legitimacy, has been promoting a broad concept
of social ethics based on Confucian values to build ‘‘a harmonious society’’ (He, 2005).
Because of these government rhetoric and initiatives, Confucian thinking has been
experiencing a discernible revival since the 1980s (Tu, 1998). This revival is further
facilitated by two additional factors. First, Confucian values have often been credited –
at least partially – for the economic miracles in East Asia (e.g. Jacobs et al., 1995; Lam,
2003; Ornatowski, 1996; Romar, 2002; Zhu, 2000). At the same time, social issues
related to industrialization, modernization and globalization foster introspection and a
return to traditional ideas for solutions and inspirations (Rozman, 1991; Song, 2002).
According to Song (2002), the modern Western ethic entails a liberal individualist
tradition which emphasizes the private interests of individuals, whereas the Confucian
ethic values the harmony and welfare of the entire community above the interests of
individuals (p. 118). In the case of advertising regulation, the liberal tradition gives
primary consideration to advertisers’ rights to freedom of commercial speech and thus
is reluctant to regulate soft issues in advertising. In contrast, the communitarian focus
Regulation of
soft issues in
advertising
79
APJML
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80
of the Confucian ethic, combined with its strong concern for morality and the tradition
of moral education, suggests that the Confucian societies, unlike their Western
counterparts, may be more earnest in regulating soft issues in advertising.
While sharing the tradition of Confucianism, the six societies have experienced very
distinct trajectories of development in recent times and thus differ on a number of
dimensions (Table I). Notably, they are at different stages of economic development,
and their people enjoy varied degrees of political freedom. These economic and
political factors may impact advertising regulation in these societies and lead to some
tangible differences between them. On the other hand, the new traditional nature of
these economies and their shared cultural heritage may also foster regulatory
similarities. The next section will explore the differences and similarities in their
approach to soft issues in advertising.
Confucian societies’ approaches to soft issues
Addressing government advertising regulation, Gao (2005) emphasizes the importance
of comparing the general regulatory structures and guidelines. When it comes to soft
issues in advertising, Boddewyn (1991) identifies three major categories: offensive
content, socially controversial products and vulnerable groups. Combining elements
from these two frameworks, this section compares the formal regulation of soft issues
in the six Confucian societies on five aspects:
.
the general structure, including the form of regulation, major agencies in charge,
and primary laws and codes involved;
.
regulatory guidelines on soft issues;
.
provisions on offensive advertising content;
.
provisions on advertising for unmentionable products such as sexually
transmitted diseases, personal hygiene products, contraceptives, gambling,
pornographic materials, escort or similar services and funeral services; and
.
provisions on advertising to children. Since advertising for cigarettes, alcohol
and pharmaceuticals encounters a similar degree of legal restrictions across
markets due to national and international health initiatives (Shao and Hill, 1994),
these products are not included in the comparison. The data consist of
advertising laws, regulations and self-regulatory codes currently in effect in
these societies.
The general structure
The primary form of advertising regulation varies across the Confucian societies,
though they all have either laws or self-regulatory codes to govern soft issues (Table II).
The government plays a predominant role in China, Hong Kong and Taiwan – Hong
Kong’s self-regulatory codes are issued and enforced by the government. Largely
consistent with their civil law tradition, China, Taiwan and South Korea have more
elaborate advertising laws than other societies.
Singapore does not have codified advertising laws other than Indecent Advertisements
Act, which bans advertisements for treatments of venereal diseases. The Singapore Code
of Advertising Practice provides detailed and elaborate provisions on advertising practices
and is enforced by the Advertising Standards Authority of Singapore (ASAS), an
advisory council to the Consumers Association of Singapore. With representatives
from the government, industry and consumer organizations, the ASAS is empowered to
3.5 (partly free)
Free market
capitalism
$36,800
1.28 (1) free
Communist
republic
One-party
system
Civil law
6.5 (not free)
Market-oriented
socialism
$6,200
3.34 (111) mostly
unfree
Government
typea
Political systema
Legal systema
Political freedom
index 2005b
Economic
systema
Gross domestic
product (GDP)
per capita (PPP
2005 est.)a
Economic
freedom 2006
scores (overall
rank)c
2.37 (37) mostly
free
$26,700
Free market
capitalism
1.5 (free)
Civil law
1.56 (2) free
$29,700
Free market
capitalism
4.5 (partly free)
English common
law
Multi-party
system
2.63 (45) mostly
free
$20,300
Free market
capitalism
1.5 (free)
Hybrid of
European civil
law and AngloAmerican law
Multi-party
system
Republic
Parliamentary
republic
Democratic
regime with
elected president
Multi-party
system
Japanese colony
1905-1945
South Korea
British colony
1819-1963
Singapore
Japanese colony
1895-1945
Taiwan
Notes: aCentral Intelligence Agency (2006); bFreedom House (2005); cThe Heritage Foundation (2006)
English common
law
Multi-party
system
Special
administrative
region of China
British colony
1841-1997a
Western
influence in
coastal areas
1840-1945
Colonial historya
Hong Kong
China
Societies
2.26 (27) mostly
free
$30,400
Free market
capitalism
1.5 (free)
European civil
law, with
EnglishAmerican
influence
Multi-party
system
Constitutional
monarchy with a
parliamentary
government
Japan
Regulation of
soft issues in
advertising
81
Social, political and
economic comparison of
Confucian societies
Table I.
Government
Government
Government
Self-regulation
Hybrid
Self-regulation
China
Hong Kong
Taiwan
Singapore
South Korea
Japan
Table II.
Structural dimensions of
regulating decency
issues in advertising in
Confucian societies
Form of regulation
Japan advertising review
organization
Korean broadcasting
commission, KARB
Advertising standards
authority
Government information office
Broadcasting authority
State administration of
industry and commerce
Major regulatory agencies
None
Regulations Concerning Deliberation
on Broadcasts, Regulations
Concerning Deliberation on
Advertising Broadcast, The Youth
Protection Law, Regulations of
Advertising [in Publications]
Indecent Advertisements Act
Radio and Television Act, Standards
on Examining the Content of Radio
and Television Advertisements,
Standards on the Production and
Broadcast of Advertisements on
Cable Television, Detailed Methods on
the Implementation of Medicine Law
Undesirable Medical Advertisements
Ordinance
Advertising Law, Regulations on the
Administration of Advertising,
Methods on the Administration of
Advertising for Medicine, Provisional
Rules on the Administration of Radio
and Television Advertisements
Primary statutes on decency issues
in advertising
The Japan Advertising Agencies
Association Corporation Code of
Ethics
None
The Singapore Code of Advertising
Practice
None
Generic Code of Practice on
Television Advertising Standards,
Generic Code of Practice on Radio
Advertising Standards
Self-Discipline Code on Spiritual
Civilization in Advertising
Self-regulatory codes
82
Societies
APJML
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have an advertisement amended, withheld or withdrawn, as well as rule on disputes
between advertising businesses (the Consumers Association of Singapore, 2006).
Japan does not have codified laws regulating soft issues. Its advertising laws such
as Consumer Protection Fundamental Act and Act Against Unjustifiable Premiums and
Misleading Presentations focus on deceptive advertising. Compared to its Singapore
counterpart, the Japanese Advertising Review Organization (JARO), the primary selfregulatory body in Japan, is much less powerful, as it cannot force the parties involved
to abide by its decisions. The JARO follows a few brief principles in its review and
deals primarily with misleading and unfair advertising (The Japanese Advertising
Review Organization, 2006).
Advertising regulation in South Korea takes a hybrid form: a series of advertising
statutes exist, but the government entrusts their enforcement to a civilian selfregulatory body, Korea Advertising Review Board (KARB). The KARB serves as a
clearinghouse for broadcast advertisements and monitors advertisements published
in the print media for violations. It has the power to hand out and enforce decisions
such as caution, warning, correction, stoppage or apology advertisement (The Korea
Advertising Review Board, 2006).
Guidelines on soft issues
The Confucian societies fall into two camps when it comes to guidelines on soft issues
(Table III). Both Hong Kong and Japan have very brief guidelines. In contrast, China,
Taiwan, Singapore and South Korea all specify guidelines that go far beyond the
general principle that advertising shall respect prevailing social norms and values.
Notably, they all require advertisements to respect national pride and dignity as well as
help maintain social unity and harmony.
Singapore and South Korea’s guidelines stand out as particularly elaborate. The
Singapore Code of Advertising Practice, a self-regulatory code, lists the shared values of
the society, including nation before community and society before self; family as the
basic unit of society; community support and respect for the individual; consensus, not
conflict; and racial and religious harmony (The Advertising Standards Authority of
Singapore, 2003, p. I.ii.1.4). It also enumerates Singapore’s family values, including
love, care and concern, mutual respect, filial responsibility, commitment and
communication (The Advertising Standards Authority of Singapore, 2003, p. I.ii.1.5). It
further explains what these values mean for advertising content (The Advertising
Standards Authority of Singapore, 2003, p. II. 8.-9). For instance, advertisements should
not ‘‘encourage inconsiderate and disrespectful conduct amongst family members’’ or
‘‘discourage the responsibilities of honouring, supporting and providing for one’s
parents and grandparents in their old age’’ (The Advertising Standards Authority of
Singapore, 2003, p. II. 9. 2.3).
South Korea’s Regulations Concerning Deliberation on Broadcasts defines the public
responsibility of broadcasting in terms of nation building and harmonious social order
(Korean Broadcasting Commission, 2005a, Article 7). The law allocates a section to
‘‘Level of Morality’’, which covers topics such as morality, respect for life, maintenance
of dignity, wholesome life ethos and social integration in its first five articles (Korean
Broadcasting Commission, 2005a, Chapter II section 4). Both Regulations Concerning
Deliberation on Advertising Broadcast and Regulations of Advertising [in Publications]
give emphasis to the ‘‘dignity of the nation’’ and require advertisements to respect
national symbols, cultural inheritances and the public’s pride (Korean Broadcasting
Commission, 2005b, Article 10; Korean Broadcasting Commission, 2005c, Article 25).
Regulation of
soft issues in
advertising
83
Beneficial to the moral
health of the people
Shall conform to social
morality and professional
ethics
General
principles
Social norms
and values
Shall protect national
dignity and interest,
promote Chinese national
spirit and culture and
strengthen national
confidence and pride
Social unity Shall contribute to
and harmony national unity and
ethnical harmony
Shall not be
detrimental
to national
interests or
ethnic
dignity
Shall not
disrupt
public order
Clean, not
vulgar
Shall not
adversely
affect good
social
customs
Taiwanc
Shall be
pursuant to
social manners
and customs;
must not work
against sound
social order or
good customs of
the society
Shall not harm social
morality, shall contribute
to the formation of correct
values and norms and to
the enhancement of social
ethics and public etiquette
Should not subvert the
shared social and family
values, should not condone
rude and inconsiderate
behavior, should not
downplay the importance
of having a caring and
compassionate attitude for
the less fortunate
Should not promote a
lifestyle detrimental to
family values, should not
subvert family values
Should not downplay
patriotism, distort the
perception of Singaporeans
and the quality of life in
Singapore or discredit
Singapore as a country
Should not subvert racial
and religious harmony or
downplay the importance of
national unity, should not
encourage confrontational
approach or fuel conflicts
Shall help develop a
harmonious national
culture, shall not
aggravate conflicts
Shall respect the public’s
pride and emotion, shall
not harm national
dignity and pride
Shall respect the sanctity
of marriage and sound
family values
Decency
Japanf
Quality standards
South Koreae
Decency
Singapored
Notes: aChina Advertising Association (1997); The National People’s Congress of China (1994); bHong Kong Broadcasting Authority (2004); cTaiwan
Executive Council (1999); dThe Advertising Standards Authority of Singapore (2003); eKorean Broadcasting Commission (2005a, 2005b, 2005c); fThe
Japanese Advertising Review Organization (2006)
National
spirit,
dignity
and pride
Clean and in good
taste
Shall not be
objectionable to a
substantial and
responsible section
of the community
Hong Kongb
84
Family
values
Chinaa
Table III.
Guidelines on taste and
decency in advertising in
Confucian societies
Guidelines
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A self-claimed socialist country, China defines its guidelines on decency under the
ideological umbrella of socialist ethics and spiritual civilization (The National
People’s Congress of China, 1994). The Self-Discipline Code on Spiritual Civilization in
Advertising, issued by China Advertising Association (1997) and approved by China
State Administration of Industry and Commerce, requires that advertising encourage
socialist ethics, show respect for traditional culture and Chinese language, defend
national unity and ethnical solidarity and cultivate in people kindness, truthfulness
and love for the country and socialism.
Provisions on offensive advertising content
Except for the ‘‘clean and in good taste’’ principle, Hong Kong’s advertising regulations
do not contain provisions on specific advertising appeals. The same can be said
about Japan’s self-regulatory codes, which only suggest that ‘‘advertising must esteem
grace and dignity to contribute to the establishment of sound and healthy life of
the people’’ (Japan Advertising Agencies Association, 2006). In comparison, China,
Taiwan, Singapore and South Korea all ban advertising that plays on fear, violence,
superstition, obscenity and promiscuity. In defining its quality standards, South
Korea’s Regulations Concerning Deliberation on Advertising Broadcast provides a
detailed list of offensive expressions:
.
expressions promoting violence, crime or other anti-social acts; or other
expressions that belittles life;
.
expressions promoting excessive fear or hatred;
.
expressions promoting excessive nudity, obscenity or lewdness;
.
excessively vulgar expressions harmful to public morality; and
.
sexually degrading or prejudicial expressions. (Korean Broadcasting Commission,
2005b, Article 5).
Exaggerated and/or superlative claims are also banned in these four societies, though
the Singapore code states that it ‘‘places no constraint upon the free expression of
opinion’’ (The Advertising Standards Authority of Singapore, 2003, p. III. 4.1).
Provisions on advertising for unmentionables
Advertising for unmentionable products faces varied degrees of regulation in the
Confucian societies (Table IV). Japan has few provisions on the subject, whereas China,
Hong Kong and South Korea have rules across a range of products. Interestingly,
except for Japan, all ban advertisements for treatments of venereal diseases.
Advertising for personal products such as feminine napkins is allowed in every society,
though closely regulated in China, Hong Kong and South Korea. Only China and South
Korea ban commercial advertising for contraceptives. Advertising for gambling,
services of sexual nature (such as escort services, massage parlors sex phone lines, etc.)
and advertising for pornographic materials is prohibited in three of the six societies.
Provisions on advertising to children
The International Code of Advertising Practice, the world business community’s
expression of its social responsibility in respect of advertising, provides two principles
concerning advertising to children and young people, i.e. the ‘‘inexperience and
credulity’’ principle and the ‘‘avoidance of harm’’ principle (International Chamber of
Regulation of
soft issues in
advertising
85
Banned
Banned
Gambling
Services of sexual
nature
Pornographic
materials
Should be restrained and
discreet; cannot be shown
between 4:00-8:00 p.m.
Banned except for lotteries
authorized by the
government, horse racing
and football
Banned
Banned
Ads for common betting
banned
Ads for
pharmaceutical
device for
gynecological use,
venereal diseases or
genitals banned
Ads for treatment of
venereal disease, nervous
debility or other complaint
or infirmity arising from
or relating to sexual
intercourse, and breast
enlargement banned
Prohibited
Prohibited
Prohibited
Shall not be
voluptuous or
obscene or use
any expressions
or pictures
emphasizing sexual
organs, sexual drive
or body parts
Prohibited
South Koreae
Singapored
Japan
Notes: aChina Advertising Association (1997), The National People’s Congress of China (1994); bHong Kong Broadcasting Authority (2004); cTaiwan
Executive Council (1999); dThe Advertising Standards Authority of Singapore (2003); eKorean Broadcasting Commission (2005a, 2005b, 2005c)
Banned
Banned except for
public service ads
Contraceptives
Personal products
(feminine napkins,
undergarments,
toilet papers,
deodorants, etc.)
Ads for medicines
Ads for treatment of
related to sexual
abortion, miscarriage,
functions banned
pregnancy tests, alcohol
or drug addiction and
venereal disease banned;
promotion of sexual
virility, desire or fertility or
the restoration of lost
youth banned
Should be restrained and
discreet, in good taste and
not overly graphic,
presented with care and
sensitivity; should not
cause embarrassment and/
or offense to the viewer
Ads for treatment
of venereal diseases,
sexual impotence,
and drug addiction
banned; ads for
hemorrhoid and
athlete’s-foot
ointment banned
during meal times
Banned during meal
times
Medicinal/medical
products and
services
Taiwanc
Hong Kongb
Table IV.
Provisions on
advertising for offensive
products in Confucian
societies
Chinaa
86
Products
APJML
21,1
Commerce, 1997). Under the ‘‘Social Value’’ subparagraph of the latter, the Code
demands that ‘‘advertisements should not undermine the authority, responsibility,
judgment or tastes of parents, taking into account the current social values’’
(International Chamber of Commerce, 1997). Such a provision recognizes that
advertising to children encompasses a dimension of moral education, though the
specific values taught are culturally bound.
Japan’s self-regulatory codes require that advertisements ‘‘be made in consideration
of its impact on youth and children’’ (Japan Advertising Review Organization, 2006),
but do not elaborate on the topic. In comparison, laws and codes in other Confucian
societies all go to great length in establishing the boundaries for advertising to
children. In particular, they not only include clauses on children’s credulity and
avoidance of harm but also take on a strong moral dimension. For instance, Hong
Kong’s Generic Code of Practice on Television Advertising Standards stipulates that
‘‘children seen in advertisements should be presented in such a manner as to set a good
example of behaviour and manners’’ (Hong Kong Broadcasting Authority, 2005).
Taiwan’s Standards on the Production and Broadcast of Advertisements on Cable
Television prohibits advertisements from asserting an adverse effect on established
moral customs such as respect for parents and teachers, influencing children to form
bad habits, or encouraging greedy, acquisitive mentality in children (Taiwan Executive
Council, 1999). Similarly, children in advertisements in Singapore cannot be shown to
be disrespectful to adults, nor can advertisements actively encourage children to eat
excessively or make excessive purchases (The Advertising Standards Authority of
Singapore, 2003). Chinese advertising regulations also call on advertisers to contribute
to the formation of good ethics and morality in children – advertisements should
feature children and adults with good morality and manners, and should not show
children behave in disrespectful, unfriendly or uncivilized ways (China Advertising
Association, 1997; China State Administration of Radio, Film and Television, 2004).
Striving to help children and youth to form good characters, the relevant laws in
South Korea stipulate that advertisements shall not use expressions harmful to the
character, emotion or values of children or juveniles (Korean Broadcasting Commission,
2005b). Meanwhile, Korean statutes go beyond advertising content in their protection of
children. The country’s Youth Protection Law poses expansive restrictions on
advertisements deemed to be ‘‘media materials harmful to juveniles’’, so that children and
youth will not gain access to such materials (Korea Juvenile Protection Committee, 2002).
For instance, the time period between 13:00 and 22:00 and in the case of holidays and
school breaks, 10:00-22:00 are designated as ‘‘Juvenile Viewing Time Zone’’, during which
media materials harmful to children should not be broadcast (Korea Broadcasting
Commission, 2005a; Korea Juvenile Protection Committee, 2002).
Discussion
Japan stands out among the Confucian societies in that it has no elaborate laws and
codes on soft issues, and its self-regulatory body has very limited power. Much like the
United States, the country relies on the market, community and self discipline rather
than formal regulation. For instance, advertising for condoms, female hygiene products
and sexual diseases are socially restricted in Japan (Shao and Hill, 1994). Two plausible
reasons account for why the Japanese approach differs from those of other Confucian
societies. First, compared to its Asian neighbors, Japan has a much longer history of
capitalist development. The Meiji Restoration ushered in the Japanese economic
modernization characterized by earnest introduction of liberalistic ideas, modern
Regulation of
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88
technologies and Western-style institutions during the second-half of the nineteenth
century (Hoston, 1992), almost 100 years before the rest of the region began its
industrialization. The free market ideology fits well into the Japanese indigenous
political culture, which exhibits a strong tendency to emphasize guidance by the state
rather than direct regulation in relation to some transcending principles (Eisenstadt,
1995). Second, it is also possible that, given the society’s strong emphasis on
conformity and self-discipline (Triandis, 1994), the Japanese have internalized the
traditional values to such a degree that explicit laws become unnecessary in dictating
business ethics.
China, Hong Kong, Taiwan, Singapore and South Korea share considerable
similarities in their handling of soft issues. First, they all follow a centralized approach.
In the case of China, Taiwan and Hong Kong, the government plays the ultimate
central role. The center of the South Korean system consists of two pieces, government
legislation and a self-regulatory body entrusted by the government to enforce laws.
Though the Singapore system is self-regulatory, the ASAS enjoys the status of a
government agency in its power to rule against violations. These formal frameworks
confirm the tradition of managed capitalism and close co-operation between the state
and business in these societies (Jayasuriya, 1999; Yoshimatsu, 2000).
In addition, advertising regulations in China, Hong Kong, Taiwan, Singapore and
South Korea all explicitly deal with soft issues, though to a different degree. Their
guidelines that emphasize morality, family and harmony are reminiscent of the core
Confucian values, and those promoting national pride, unity and dignity echo
nationalistic sentiments embedded in these societies’ nation building projects. In
prohibiting various offensive claims and banning advertising for a range of offensive
products, they manifest a strong moral conservatism, reflecting the new traditional
nature of their economies (Rosser et al., 1999). Meanwhile, their regulation of children’s
advertising invariably assumes a dimension of moral education, as advertising is
considered as a critical tool to teach children about moral values such as respect for
adults, good manners and modesty.
Confucian influence alone cannot fully explain these similarities. Historical and
political forces also play a salient role here. Notably, all these five societies experienced
some form of colonialism in the twentieth century followed by independence and
authoritarian politics except in the case of Hong Kong, which was controlled by the
British until 1997. As Geertz (2000) points out, the transition from colonies to states
requires a radical change in the task of nationalist ideologizing: instead of anticolonialism rhetoric, it consists in defining a collective subject and an experiential ‘‘we’’
from whose will the activities of government seem spontaneously to flow – traditional
cultural elements provide a natural fountain for this new ideology (p. 240). This is
exactly the case in East Asia, where Confucian values were integrated into the
redefinition of nationalism through nation-building projects, and authoritarian politics
facilitated the process by tightly controlling social communications, including
advertising. The legacy of this new nationalist ideology persists today, even though
these societies have experienced rapid economic development and, in the case of
Taiwan and South Korea, democratization.
Conclusion
All considered neo-Confucian economies (Rosser and Rosser, 1998), the six Confucian
societies do not implement the same approach in regulating soft issues in advertising.
Japan, a well-developed economy with a long history of capitalist development, seems
to have opted for a liberalistic approach in its advertising regulation. In comparison,
advertising regulation by the other Confucian societies all manifest characteristics of
managed capitalism. Notably, the government or quasi-government agencies in these
societies play an active, central role in regulating soft issues, and their advertising
provisions often reveal strong moral conservatism. The regulations of China, Taiwan,
South Korea and Singapore further indicate a paternalistic stance on the part of these
governments, who perceive advertising as a social tool to propagandize their
definitions of good and moral life.
For international advertisers, the strong ideological dimension of advertising
regulation in some Confucian societies spells serious challenges. For instance,
advertisements that contain visuals or headlines deemed alien to the local culture have
been banned in Singapore (Frith, 2003, p. 46). In China, the regulator asked McDonald’s
to pull its commercial which depicted a Chinese man on his knees begging for a
discount because some consumers complained that the commercial was an indignity
(‘‘McDonald’s Pulls’’, 2005). These examples suggest that it may not be adequate for
Western professionals to rely on their own understanding of soft issues when
managing international campaigns. Rather, they need to sensitize themselves to the
nuances and idiosyncrasies of local regulations.
More importantly, advertising scholars and practitioners should adopt a more
holistic view of international advertising regulation. To this end, the concept of new
traditional economy provides a valuable entry point to dissecting and understanding
the ideological underpinning of local regulation. In the mirror of their regulations, we
see how societies handle differently the delicate balance between the free market and
tradition, between the universal trends and the local customs, and between individual
freedom and collective interest.
Admittedly, the proliferation of global media and especially the internet
increasingly exposes people in East Asia to advertisements from the West and thus
seriously challenges the enforcement of local regulations. However, it is a double-edged
sword. It may gradually lead to a more tolerant attitude and consequently loosened
control of soft issues in the region. It is also possible that exposure to undesirable
advertising from abroad heightens these societies’ sense of cultural identity and
strengthens their resolve to propagandize their ideas of good and moral life through
tightened regulation.
For future research, it would be interesting to investigate whether a discourse on the
freedom of commercial speech exists in the Confucian societies, and if yes, to what
extent it influences local advertising law making. Advertising regulation in these
societies can be further studied from the perspective of ethical dimensions such as
idealism vs pragmatism and universalism vs relativism (Treise et al., 1994): where are
Confucian ethics and liberalistic ethics located on these dimensions, and are there
common grounds between them for reconciliation? These two research directions,
which this paper does not explore due to space constraints, hold promises for much
deeper understanding of policy-making in the Confucian societies as well as
advertising regulation in general.
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Corresponding author
Zhihong Gao can be contacted at: zgao@rider.edu
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