Welcome to the 3rd
CopyClear Seminar
Croke Park
11 November 2015
Introduction
• Established in 2003 as an initiative of AAI, IAPI
and the drinks industry.
• We provide a pre-publication vetting service for
the advertising of alcohol brands
• A positive response to concerns around the
content of some advertising and it’s potential
appeal to children (under 18’s)
• January 2013: ASAI expanded the remit of its
code to include all on-line marketing activations
Funding
• CopyClear is funded fully by the Drinks
Industry
• Funding is on a pro-rata basis; i.e. the number
of submissions per brand, per year
What’s Our Mission ?
• To enable you get your work into campaign in
a way that is compliant with the codes
What’s Our Mission ?
• To enable you get your work into campaign in
a way that is compliant with the codes
through
• Clear, swift, precise and objective feedback
The Codes
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ASAI Code
BAI General Advertising Code
BAI General Advertising Notes
AMCMB
MEAS
The scope of our remit
• We look at consumer marketing
communications - across all media - for drinks’
brand activations in the Republic of Ireland
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Advertising
On/off trade
Social – both owned and paid-for
Sponsorship
Experiential
• If in doubt – submit the material anyway!
What’s outside our Remit?
– Mechanics surrounding promotions and
competitions
– Retailer advertising
– Packaging
– Media placement
Some Numbers
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In 2003, we reviewed 1,972 submissions
In 2014, 6,117 were processed
311% increase
YTD – CopyClear have reviewed 5,327
submissions
• 1,749 of these submissions have been in the
digital space
Our Single minded objective
• Our objective is to ensure that all alcohol
consumer brand advertising – across all media
channels – complies with both the spirit and
the letter of the codes.
Spirit versus Letter
• The letter = the literal meaning of a particular
rule of the code
• The spirit = is the intention behind that rule
The CopyClear Team
• Team comprises four Managers
– Eoghan Nolan
– Joe Clancy
– Lynne Tracey
– Mags McLoughlin
• All four are ex-advertising and marketing
agencies
How do we view the work?
• We try to review all submissions from the
perspective of the consumer
– How are they likely to interpret your work?
– What it the likely consumer take-out?
How does the process operate?
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•
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You register with CopyClear.
Upload your files.
We meet Tuesday and Thursday 9.00 – 2.00.
At least 2 Managers on duty during these
days/times.
• Material received before 11.00am is reviewed
that day.
How do we respond?
• When work is compliant, we provide Interim
or Final Approval, as appropriate
• When work is not compliant, we give precise
and speedy feedback with specific reference
to where the work does not comply and which
aspects of the code are being infringed.
• Work that receives Final Approval is allocated
a Clearance Number.
Clearance Numbers
• Clearance numbers normally have a shelf life of
12 months
• All material submitted after January 1st 2016 will
be reviewed against the existing (6th edition)
ASAI code and the new 7th edition of the code
• This ensures that all material approved during
2016 will have the standard 12 month approval.
• Any material that has been submitted in 2015
will need to be re-submitted in 2016 if it is to
run during that calendar year.
Things that delay the process
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No attachment
Wrong level of Approval requested
Incorrect description of media channel.
Multiple submissions
Visuals without copy or vice versa
Supporting Material
Note –
We do not provide creative solutions / creative
commentary
Remember…..
• Work approved for other markets is not
automatically cleared to run in RoI
Appeals Process
• Collaborative and resolution focussed.
• Average of 1-2 appeals in last three years
Finally….
• The process works best when its collaborative
Collaboration
• Engage early and often – preferably at concept
stage
• Use the Footnotes available on the CopyClear
website
• Observe the spirit as well as the letter of the
codes
ASAI 7th Edition
WHAT ARE THE COPYCLEAR
FOOTNOTES?
The CopyClear Footnotes
• Drafted to help users of the ASAI understand
the intent behind the 7th ASAI Code ...
• & how the new code will be read and
understood by the CopyClear Managers
• Developed with the co-operation and approval
of the code owners
• Not binding on the ASAI nor its complaints
committee
• ‘Primary responsibility for observing the Code
rests with advertisers, promoters and direct
marketers.’
• With regard to alcohol marketing
communications, CopyClear provide an
independent and objective approval service to
ensure that your marketing communications are
compliant with the appropriate codes
• But – we cannot review material you don’t
submit
The ASAI Code
• Section 9 specifically refers to Alcoholic Drinks
• However, the Managers also refer to the
general code, specifically:
– Section 1 – Definition
– Section 2 – Scope & Application
– Section 3 – General Rules
– Section 4 – Misleading Advertising
How are marketing communications
viewed?
• 2.4(c) states:
• ‘Compliance with the Code is assessed in the
light of a marketing communication’s probable
effect when taken as a whole and in context.’
Consumer Take-out
• Useful to understand the intent behind Mar
Comms
• CopyClear must ultimately consider the likely
consumer take-out
• What is the communication saying about the
brand?
• The likely consumer take-out is not always the
intended consumer take-out.
Social Dimension – 9.5
SECTION 9 – ALCOHOLIC DRINKS
9.5(a)
• ‘Should not state, depict or imply that the
presence or consumption of alcohol can
improve physical performance or personal
qualities or capabilities.’
– More defined
– Requires more stringent application
9.5(a)
• This ‘shift’ may not be in actual behaviour and
can be implied in a number of different ways –
through
– music,
– changes in atmosphere,
– environment,
– Ambience
– etc.
9.5(b)
• ‘Should not state, depict or imply that the
presence or consumption of alcohol can
contribute to social, sporting or business
success or distinction or that those who do not
drink are less likely to be acceptable or
successful than those who do.’
9.5(b)
– A shift in behaviour
• Does the character become cooler? More attractive?
More likable?
• Shift in ambience?
• Does the scenario become cooler? More congenial?
More sophisticated ….?
9.7(a)
• Clearcast
– This differs from the BCAP code which Clearcast
apply, which states that ‘Advertisements must not
imply that drinking alcohol is a key component of
social success …’
– Cause / Effect
9.5(c)
• ‘Should not state, depict or suggest, by word
or allusion that the presence or consumption
of alcohol can contribute towards sexual
success or make the drinker more attractive.
Advertisers should take account of public
sensitivities regarding coarseness and sexual
innuendo in marketing communications for
alcohol.’
9.5(c)
– Not about prohibiting ordinary, flirtatious, fun,
glamarous behaviour
– It is about behaviours between individuals or
groups that are influenced in parallel to presence
or consumption
• Will look at atmosphere, music, ambience, etc.
9.7(a)
• Clearcast
– This differs from the BCAP code which Clearcast
apply, which states ‘Advertisements must not link
alcohol with sexual activity ..’
– Cause / Effect
9.5(d)
• ‘Should not portray drinking alcohol as a
challenge and should not state, depict or
suggest that those who drink are brave,
daring or tough.’
– Acts of bravery or daring are not precluded,
providing:
• Professionals engaged in their ‘everyday’ activity ..
‘brave, daring, tough’
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•
Professionals engaged in their ‘everyday’ activity
Eveyone must be over 25 years
‘Brave, daring, tough’
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People engaged in a ‘brave’ activty that is being
professionally managed
Everyone must be over 25 years
9.5(d)
• Challenging, amateur, reckless behaviour not
permitted
• There can be no undue risk around or implicit in the
activity
‘brave, daring, tough’
• Challenging, amateur, reckless
behaviour not permitted
9.5 (d)
– Note - there can be no consumption by the
protagonists, even after engaging in the activity
•
9.5(e)
• ‘Should not link in any way the presence or
consumption of alcohol to aggressive, unruly,
irresponsible or anti-social behaviour.’
– Presence or consumption
• Prohibits behaviour that is potentially, or by
implication, threatening / aggressive
• Atmosphere, music etc. will be considered
Aggressive, anti-social behaviour
Children – 9.7
SECTION 9 – ALCOHOLIC DRINKS
9.7
• ‘Marketing communications should not be
directed at children or in any way encourage
them to start drinking.’
– The ASAI code defines children as anyone under
the age of 18 years
9.7(a)
• ‘Anyone depicted in an alcohol marketing
communication should be aged over 25 and
should appear to be over 25.’
– Anyone depicted in marketing communications for
an alcohol brand must be over the age of 25 years
– Brands / Agencies must be able to verify this upon
request
– Stock photography – proof of age is mandatory
9.7(a)
• Clearcast
– This differs from the BCAP code which Clearcast
apply, which states that (adults) under 25 must
‘not feature in a significant role’.
– Ads that ‘feature families socialising responsibly’
can feature children in ‘incidental roles’
Children – 9.7(a)
• ONE exception:
• At over-18’s ticketed events punters can be
featured, provided:
• No brand or product is featured or held
• No branded clothing, hats, etc.
• Cannot appear to be under the influence of alcohol
– These images can only be posted in the context of the
specific event and cannot be used in broader
marketing communications
– Note – anyone employed by the brand must be over
and look over 25 years
9.7(b)
• ‘Aspects of youth culture and treatments that
are likely to appeal to children should not be
used. Treatments should not portray
adolescent, juvenile, childish or immature
behaviour.’
– Attitudes, activities & behaviours associated with
an under 18’s market are precluded
‘aspects of youth culture’
9.7(c)
• ‘Marketing communications should not use or
refer to identifiable heroes or heroines of the
young. See Guidance Note on Alcohol
Marketing Communications at www.asai.ie.’
– Brands need to consider how they can
convincingly demonstrate why a personality is not
a hero of the young.
9.7(c)
• CopyClear Managers will review the following
when considering if someone is likely to be
deemed a hero of the young, particularly in
the area of sport:
– Is the sport specifically identified in the ASAI
Guidance Notes?
– How long did the personality play at a professional
/ national level?
9.7(c)
• When did the ‘personality’ retire from the sport?
– Less than two years retired – likely to be considered a
hero of the young; depending on length of career,
current profile, etc.
– Some players likely to be deemed heroes of the young
for many years after retirement
• How involved is the personality in the sport
currently?
• Are they actively involved in punditry /
management?
• Any other considerations?
9.7(e)
• ‘Alcohol marketing communications should not be placed in
media primarily intended for children. Advertisers should
take account of the audience’s age profile so that marketing
communications are communicated, so far as is possible, to
adults. In this context the ASAI will have regard to the
Alcohol Marketing, Communication and Sponsorship Codes
of Practice, agreed by the Department of Health, the drinks
industry, and the media as detailed under Other
Requirements at 9.12.’
– CopyClear is charged with reviewing content, not placement.
– However, if the Managers see material that may not be
compliant with the AMCMB code, we advise the Client and refer
it on.
9.7(f)
• ‘Digital media, including apps, that primarily
promote an alcohol brand should be age
gated through a secure and appropriate Age
Verification System.’
9.8(b)
• ‘Marketing communications should not show,
imply or encourage immoderate or
irresponsible drinking or regular solitary
drinking. This applies to the amount of
alcohol, the numbers drinking or the way
drinking is portrayed. The buying of a large
round of drinks should not be depicted or
implied.’
9.8(b)
• The Managers will consider the following:
– Does the suggested / supposed consumption look
‘natural’?
– People proportionate to number of drinks – does
it suggest excess?
– Manner of consumption?
– Are non-alcoholic drinks featured?
– The term ‘round’ is challenging
9.7(a)
• Clearcast
– This differs from the BCAP code which Clearcast
apply, which states that ‘buying repeat rounds of
alcoholic drinks are not acceptable.’ Ads that
‘feature families socialising responsibly’.
Suggests lack of moderation
9.8(g)
• Marketing communications should not claim
that alcohol has therapeutic qualities or that it
is a stimulant, a mood-changer or a sedative,
or that it is or can be transformative of an
individual or a situation or that it is a means
of boosting confidence or resolving personal
conflict.’
9.8(g)
• There can be no suggestion that alcohol can or might
be or have the potential to improve personal ability /
performance or might be transformative in any way.
• This could be demonstrated through a shift in:
–
–
–
–
–
–
–
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Environment / Ambience
Attitude
Music
Demeanour
Physical contact
Wardrobe
Atmosphere
Etc.
9.8(h)
• Marketing communications should not depict
any direct association with the consumption
of alcoholic drinks and activities or locations
where drinking alcohol would be unsafe,
unwise or unacceptable. Where consumption
is shown or implied it should not be
represented as having taken place before or
during engagement of the activity in
question.’
9.8(h)
• Consumption linked to dangerous locations /
activities is prohibited when linked to
consumption
• The may not preclude activities / locations
where consumption is unlikely, unlawful or
not possible:
– Professionals
– ‘Safe’ activities
– No undue risk
9.8(i)
• ‘Marketing communications should not associate
the consumption of alcohol with operating
machinery, driving, any activity relating to water
or heights, or any other occupation that requires
concentration in order to be done safely.’
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Operating machinery
‘Extreme’ sports
Driving / cycling
Heights
A work environment
NO WATER!!
‘Recruitment’ Advertising
• ‘For the purposes of Section 9, recruitment
advertising is advertising for identified
employment opportunities in the advertisers’
company or associated company.
• These may be considered under the provisions
of Section 9 of the Code.
• See ASAI Guidance Notes for further detail
Sponsorship
• Where advertisements for sponsorships or events
are being publicised it is important that a clear
sponsorship association is made in advertising
(e.g. proud sponsor of x).
• The primary focus of a sponsorship
advertisement should be on the activity (e.g.
Homegrown Music Festival).
• The Sponsor’s name / brand name / and or logo
should be mentioned only briefly and in a
subordinate way to the event.
• See ASAI Guidance Notes for further detail
And remember ….
WE DO LIKE A GOOD AD
Social Media
The Difficult One
On Twitter in 2015, there are over 500 million
tweets every day.
On Facebook, every day there are 350 million
photo uploads alone.
Some of these concern alcohol brands
Social Media posts can be spontaneous,
immediate & topical
They can also have multiple points of origin
Yet there is one Golden Rule
If in doubt..
SUBMIT
Here is the ABC of how to determine
whether a communication is in remit
A. The post is about the brand or the product.
(All it takes is a logo).
B. The brand owns, or has control over, the
space in which the post appears
C. The brand has taken responsibility or
control over content or post by inviting it,
responding to it or reposting it.
If that sounds a bit complicated it’s
because…
It’s a bit complicated
So to ensure that your Social Media comms are
compliant, bear one thing in mind:
If in doubt…
SUBMIT
THANK YOU.