DISCUS Code of Responsible Practices
Self-Regulation and the New
Media Landscape
New Social Media:
Opportunities and Challenges
2012 NABCA Legal Symposium
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Social Media: A New Way to Connect
Proactively Addressing the New Media Landscape
• Connecting to your constituents
• Connecting to your licensees
• Connecting to your community
and
• Connecting to your customers
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New Media -- Same Principles
Strong Voluntary Code Revised as Social Mores and
Technology Change
• Core principles steadfast:
– To market our products to adults 21 years of age
and older in a responsible and appropriate manner
• Proactively engage digital media experts
• Responsible content/placement provisions
• Detailed media “buying” guidelines
• Consult with online demographic data sources
• Regular meetings with social media cos.
Establishing Code compliant tools
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Results of Proactive Outreaches
New Internet/Digital Media Buying Guidelines
• Issued internet buying guideline used across
entire industry—effective Jan. 1, 2008
• Applies to all forms of digital media
– Videos, pop-ups, blogs, and more
• Use Nielsen or comScore data to place ads
• Requires independent demographic survey
for unmeasured digital media
• Post audits to verify Code compliance
LPA 21+ Audience Compliance (%) - Nielsen and comScore Data
Twitter
Facebook
Google
YouTube
Nielsen
comScore
Nielsen
comScore
Nielsen
comScore
Nielsen
comScore
Oct-11
87.5
77.5
82.8
80.6
81.8
77.6
81.2
76.5
Nov-11
86.7
76.5
82.4
80.3
81.4
77.6
80.8
76.6
Dec-11
87.0
80.6
82.9
82.8
81.7
78.8
81.2
79.5
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Pioneering Social Media Tools
Constantly Evolving to Address the Future
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Facebook Pages: Alcohol Settings
The Facebook Page Terms require that all content on a Page that is advertising in nature
(such as commercial content) must comply with the Advertising Guidelines, which includes
the Facebook minimum age targeting for alcohol ads and Alcohol-Related Page &
Application Setting:
Anyone of Legal Drinking Age (as determined by Page Settings) will be able to see their friends’
engagement with Beverage Alcohol Brands. Anyone under Legal Drinking Age will not be able to see their
friends’ engagement with Beverage Alcohol Brands.
This is addressed in Facebook Page Terms: http://www.facebook.com/terms_pages.php
User Flow Brand Channels for Non-Customized Gadgets
A21+:
Registered &
Logged In
Sees Omlie’s Gin
Brand Channel
Ad
Types in
www.YouTube.com/O
mliesGin
<21:
Registered &
Logged In
Will not see
Omlie’s Gin Ads
Types in
www.YouTube.com/O
mliesGin
User Flow Example: Promoted Videos
A21+:
Registered &
Logged In
<21:
Registered &
Logged In
Clicks on PV ad
driving to
watchpage
Clicks on PV ad
driving to channel
Clicks on PV ad
driving to
watchpage
Clicks on PV ad
driving to channel
New DISCUS Social Media Marketing Guidelines
Effective September 30, 2011
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Who Is Currently Online?
A Printing Press/TV Set of Today’s Vintage
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Age 21+ Online Usage Exceeds 80%
Online Reach
% by Age Group
100%
80%
85.0%
87.4%
Under 21 21 - 34
35 - 49
78.3%
83.5%
59.1%
60%
40%
20%
0%
Total
50+
Nielsen June - August 2011
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Monthly Time Online ~ 30 Hours
35.00
Online Activity
HH:MM per Person by Age Group
29:53
30.00
25.00
29:25
25:53
24:40
20.00
15.00
10:56
10.00
5.00
0.00
Total
Under 21 21 - 34
35 - 49
50+
Nielsen June - August 2011
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How Time Is Spent
• Search/Portals/Communities: 27%
• Entertainment: 21%
• Telecom/Internet Services: 14%
• Commerce: 5%
• Computers/Consumer Electronics: 5%
• News/Information: 4%
• All Other: 24%
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Age 50+ FB Time Up 53% in 2 Years
7.00
6.00
Facebook Activity
HH:MM per Person by Age Group
6:56
6:52
5:48
5:16
5.00
4.00
3:47
3.00
2.00
1.00
0.00
Total
Under 21 21 - 34
35 - 49
50+
Nielsen June - August 2011
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More Than 1 ½ Hours on YouTube
YouTube Activity
HH:MM per Person by Age Group
2.50
2:05
2.00
1.50
1:49
1:30
1:26
1.00
0:52
0.50
0.00
Total
Under 21 21 - 34
35 - 49
50+
Nielsen June - August 2011
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Social Sites 21+ Composition
 Twitter @ 87.1%
 Facebook @ 82.7%
 Google @ 81.6%
 YouTube @ 81.1%
Nielsen October – December 2011
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Responsible Digital Marketing Communications Guidelines
Intended for
LPA
Transparent
as brand
marketing
Respect User
Privacy
Media site
should be
71.6% LPA
DISCUS
BASIC
PRINCIPLES
Direct
interaction
w/ user = Age
Affirmation
(mm/dd/yyyy)
Instructions
to “Not
Forward
Downloaded
Content to
Under LPA”
UserGenerated
Content must
be monitored
and
moderated on
regular basis
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About the Digital Marketing Guidelines
• An important supplement to the DISCUS Code
• Guidelines ‘principles-based’
– Will be reviewed regularly and updated as needed
– Recognition that new technology trends are likely to occur rapidly
• Scope: based upon what we can control
– Applies to branded digital marketing communications (paid and unpaid)
– Social networking sites, blogs, mobile communications, apps, websites
• Global in application
– Digital media easily transcends geographic boundaries
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Basic Principle 1: Intended for Adults LPA+
Foundation of the DISCUS Code
Over 76 Years of Advertising Self-Regulation
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Basic Principle 2: 71.6% Placement Standard
71.6% LPA+
Compliant
Less Than 71.6% LPA - No Placement
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Basic Principle 3: Age Affirmation Before Direct Interaction
on Controlled Sites (Month/Day/Year)
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Basic Principle 3: Age Affirmation Before Direct Interaction
on Controlled Sites (Month/Day/Year)
• Direct interaction is a two-way communication between the user and
brand advertiser on a site or web page controlled by the advertiser
• Occurs when the user affirmatively interacts with the brand
advertiser, such as responding to a direct communication from the
brand advertiser
– User sends content (personal information, text, video, rich media,
etc.) to a brand controlled site
– Brand advertiser sends content to an individual user (e-mail,
custom content, etc.)
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Under LPA: Redirect to a Responsibility Site
centurycouncil.org/acceptresponsibility.org
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Account: Jack Daniels Tennessee Honey
User clicks to follow @JackHoney
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Email Verification
User receives email verification from @JackHoney
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Age Verification Landing Page
User verifies date of birth and country
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Age Verification Confirmation
User receives confirmation that they can continue
following tweets from @JackHoney
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Basic Principle 4: Monitor/Moderate User-Generated Content
• User-generated content (UGC) on a site or web page controlled by
the advertiser must be monitored and moderated on a regular basis
• UGC on a site controlled by a brand should be monitored each
business day or, at a minimum, every 5 business days
• If content is inappropriate, material should be removed promptly
• Notify users that all inappropriate content will be removed
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Basic Principle 4: Monitor/Moderate User-Generated Content
What do we delete?
•
Offensive comments
•
Sexually explicit language
•
Comments regarding overconsumption and/or illegal activity of any kind
•
Comments that degrade or demean the human form, image or status of women, men
or the members of any group based on race, religion, ethnic background, sexual
orientation, or any other minority status
•
Language or images that also are inconsistent with other provisions of the Code
Overconsumption
References to Drugs
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Basic Principle 4: Monitor/Moderate Photos and Videos
What do we delete?
Underage in Video Posted by LPA user
Overconsumption
Provocative Content
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Basic Principle 5: Do Not Forward to Those Underage
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Basic Principle 6: Privacy
What Does Privacy Involve:
• The handling and protection of sensitive personal information that
individuals provide in the course of every day transactions
• The exchange or use of data electronically or by any other means,
including telephone, fax, written correspondence, and even direct
word of mouth
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Basic Principle 6: Privacy
What We Do Under Our Guidelines:
• User information collected from LPA+ only
• Opt-in before receiving a direct digital marketing communication
and opt-out to discontinue receiving those communications
• No information collected will be sold nor shared with third parties
unrelated to the brand advertiser
• Privacy policy prominently displayed and simple to understand
• Consumers know who to contact if they have any questions/concerns
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Basic Principle 7: Transparency of Brand Marketing
• Consumers must know they are reading/viewing brand advertising
– Brand pages
– Blogs: whose blog is it?
• FTC’s 2009 Guides Concerning the Use of Endorsements and
Testimonials in Advertising [FTC.gov]
– Be careful when soliciting endorsements; disclosure is important
• Key: clearly identify communication by any employee or anyone
hired by brand
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Reaching the “Always” Connected Consumer
Mobile Is a Multi-Channel Medium
Shortcode/Text/SMS
MMS/Picture Messaging
Apps
Mobile Video
Mobile Internet
Growing List of New Technologies Require New Ways to
Audit and Control for LPA Audience
QR Codes
• Third-party tools or source
measurements
Mobile
Couponing
• Ability to employ age gating
iPad
Location
Targeting
Downloading the App
Age Affirmation Page
After the Age Gate
Mobile: Acessing Websites Via Smartphones
Southern Comfort
Chambord
Mobile Banners for iPhone and iTouch
Restricted with LPA age gate screen
Facebook Pages: Protecting Intellectual Property
If a beverage alcohol marketer wishes
to report claims of intellectual property
infringement (i.e., non-copyright) by a
Facebook user on an Opinion Page,
Facebook’s automated IP infringement
form can be accessed here:
www.facebook.com/legal/copyright.php
YouTube Trademark Policy
2006, 2008, 2010, 2011 Best Practices Media Summits
• Buying for Radio
• Buying for Television – Broadcast and Cable
• Buying for Print – Magazine and Newspaper
• Product Placements in Cinema and Broadcast
• Buying for Digital Media
• Social Networking Sites: Demographic Tools & Beyond
• Emerging Marketing Platforms (smartphones and more)
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Linking to the DISCUS Code
• Link to the Code for rapid consideration of any questions/complaints
• Educate constituents about the Code and its review process
• Utah/Nevada Attorneys General link to the DISCUS Code along with 15 State ABCs, the
FTC, NCSLA, and NABCA
For more about the Code: http://www.discus.org/responsibility/code.asp
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