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; __________________ 7 8 14-58963 Jillian Pitt, “A tangled web: marketing to children”, Consumer Focus, 2010. For example, the Market Research Society Code of Conduct. 7/26

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