A/69/286
complaint. There is a lack of transparency in how the various regulations and self regulation codes relate to each other and their implementation. 7
23. The Special Rapporteur is concerned about the confusion that can re sult
concerning the hierarchy of norms, where and how to file complaints and who has
the authority to penalize violations. While States’ responses indicate that a number
of bodies have monitoring or disciplinary powers, whether those bodies can
impartially address complaints is unclear. The number of cases addressed seems
minimal.
24. Some aspects of advertising and marketing practices, such as
“neuromarketing”, are rarely covered by specific regulations. Responses to the
questionnaire indicate that States have not yet accorded this issue priority status.
25. Market research is self-regulated through the 2007 ICC/European Society for
Opinion and Marketing Research International Code on Market and Social
Research, article 9 of the Consolidated ICC Code and other codes. 8
III. Advertising and marketing practices: selected
cross-cutting issues
A.
Evolution of advertising and marketing practices
26. Today, people receive an ever-increasing number of commercial messages
disseminated in a systematic and integrated manner across multiple media, in the
public and private spheres, in physical and digital spaces. While varying from one
country to another, the level of commercial advertising seems to be on the rise
everywhere, deploying increasingly sophisticated strategies, resulting in a
progressively blurred line between advertising and other content, especially in the
areas of culture and education.
27. New forms and techniques of advertising and marketing have appeared,
including:
(a) Digital advertising and marketing using electronic devices, such as
computers, tablets, mobile phones, digital billboards and games, to engage with
consumers and business partners;
(b) Viral and social media advertising and marketing, rapidly spreading on
the Internet through the use of existing social networks or by contracting individuals
to enter online communication forums for the specific purpose of promoting a
product;
(c) The use of “brand ambassadors”, acting, for example, in schools and
universities;
(d) Embedded advertising, inserting a product or service within television
programmes or series, movies, music, videos, games or school activities;
(e) Native advertising (or branded/sponsored content), in which advertisers
sponsor or create editorial-like content;
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8
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Jillian Pitt, “A tangled web: marketing to children”, Consumer Focus, 2010.
For example, the Market Research Society Code of Conduct.
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