Ethics, Marketing, Ofcom
Regulation & Data
Marketing's role in corporate strategy & Corporate
Social Responsibility (CSR) agenda.
conventional marketing: customer … only
interested in company's marketing mix - little else.
sustainability view : beyond products & brands
social & environmental impacts of processes
treatment of workers
general conduct of affairs
“doing the right thing” - what is “right” may vary depending
on whether looking at it from Company, customer, supplier
or societal perspectives
Basic principles : interests of vulnerable
Taking responsibility : for products & decisions – not just
consumers e.g. children & elderly.
defending products on the basis of “It was what the
• respecting consumer rights: incl:
right of redress & rights to information &
honest & fair in dealings with stakeholders.
privacy - fit for use & accurately described
contracts (formal & implicit) drawn up in good faith &
Edmund Burke once said,
"All that is necessary for evil to
flourish is for good [people] to
five ethical principles
the foundation of right conduct in any
arena of life
do no harm (also “prevent harm”)
make things better
Treat others as you want to be treated.
Treat others only as you consent to being treated in the
same exact situation
Hurt not others in ways that you would find hurtful.
In happiness & suffering, in joy & grief, regard all
creatures as we regard our own self
No one of you is a believer until he desires for his
brother that which he desires for himself.
I do something to another.
I‟m unwilling that this be done to me in the same situation
licensing all UK commercial TV & radio services.
TV channels & radio stations; digital & Internet TV & radio
services: Freeview, Sky, Virgin, Home Choice: public
Teletext & Restricted Service Licences for TV & radio
rules which TV & radio broadcasters must follow.
standards to protect under 18s from material unsuitable ,
yet giving broadcasters appropriate creative freedom
UK high-quality public service broadcasting. Broad range
of TV programmes by independents + broadcasters
Ofcom Broadcasting Code
(incl. Cross-promotion Code) Oct 2008
1. Protecting the Under-Eighteens
2. Harm and Offence
5. Due Impartiality, Due Accuracy and Undue Prominence of Views and Opinions
6. Elections and Referendums
10. Commercial References and Other Matters
Extracts from the Communications Act 2003
Extracts from the TV Without Frontiers Directive (89/552/EEC), amended by (97/36/EC)
European Convention on Human Rights Articles 8, 9, 10 and 14
Financial Promotions and Investment Recommendations
Ofcom Broadcasting Code - October 2008 - pdf 7
Ofcom Broadcasting Code
Protecting the under 18s - 1
Material … seriously impair their physical, mental or moral development
all reasonable steps + appropriate scheduling according to:
audience number & expectations, ages, school times, school run, breakfast,
weekends, holidays; start/finish times; channel or station & particular
Scheduling - TV watershed: generally not pre 21.00 or after 05.30
some premium subscription & pay per view channel variations
PIN protected encryption
transition warnings to more adult material & distressing content
no clues (or jigsaw effect) to involved as a victim, witness, defendant etc in
Ofcom Broadcasting Code - October 2008 - pdf 8
Ofcom Broadcasting Code
Protecting the under 18s - 2
Watershed limitations on broadcasting (editorial,
use & abuse of drugs, smoking, solvents & alcohol
don't condone, encourage or glamorise
violence & effects + harmful/dangerous behaviour
imitable by children
seriously offensive language
nudity - justified by context
representations of sexual intercourse
exorcism, occult practice & the paranormal
(purporting to be real … does not apply to drama,
film or comedy) 9
Ofcom examples/Cases -1
Domino Pizza sponsorship of Simpsons
Unwanted sales & marketing calls
more competition in Pay-TV sector (Setanta)
mis-selling of mobile communications services
more pay-TV on Freeview
radio ad. "Blair: A modern tragedy. The definitive guide to the
missed opportunity of the Tony Blair era. Manipulator,
communicator, fabricator. Only in The Spectator.“ Not approved
by Radio Advertising Clearance Centre before broadcast.
Examples/Cases - 2
ITV - gruesome survival footage in 'Harry Hill's TV Burp„
Ex-SAS man Bear Grylls bites off a live frog‟s head
roasts a “live” turtle, in its shell over a fire.
Complaints that the scene was upsetting + for children.
Why use such clips for humorous effect?
Harry Hill's humour well-established in previous series +
original footage may have been seen pre- watershed &
broadcast at similar time to 'TV Burp„ + compared to
'Born Survivor' was more educational & less of an
more awareness that such scenes might appear. 11
Ofcom documents & information 1
Communications Market Reports
annual & quarterly statistical survey of developments in comms
sector; public facts & figures. SME Engagement, Communications
reports into consumer experience of fixed, mobile, internet & digital
Research data & information on the telecomms sector. Reports,
Mobile Sector Assessment, Strategic Review of Telecoms etc
Research data & information on aspects of TV sector e.g. TV
Production Sector Review, Reports & Research, TV Without
Ofcom documents & information 2
Research data & information on the radio sector. Reports & research
Research data & information on spectrum management &
radiocommunications activity. Strategic Reviews etc
White papers: technology, research & devel. Innovation, Events,
Ease of use issues with domestic electronic comms equipment,
Research report: easy to use digital TV receivers
Statistical Release Calendar Statistics & Data ...
Media Ownership Rules
Communications - The next decade
Reviews of Public Service Broadcasting (PSB) Television
Incl: future of news, Channel 4 Financial Review & the Public Service
Publisher. Related links, Related reports, Future of children's
Ofcom Codes – sources for further study
Read all sections of Ofcom code. Know the main concerns & give examples.
1. Protecting the Under-18s
2. Harm & Offence
5. Due Impartiality, Due Accuracy & Undue Prominence of Views and Opinions
6. Elections and Referendums
10. Commercial References & Other Matters
2: Extracts from the TV Without Frontiers Directive (89/552/EEC), amended by
3: European Convention on Human Rights Articles 8, 9, 10 and 14
4: Financial Promotions and Investment Recommendations
Cross-promotion Code 14
What is the Data Protection Act 1998?
from Oct 2001 … covers
all data collection & processing methods incl:
audio; video; computers; CATI; CCTV etc.
awareness required for all “processing” of
obtaining, recording, holding or disclosing data
carrying out any operations on the data.
aims to provide individuals with protection &
processing is a very wide term & means
over how information about them is
control anything you do with it incl: filing, posting,
compiling a report, using
collected, stored & used.it or even just
handing it to someone else.
not intended to obstruct the legitimate use of
information, but ensures that it is used fairly
Reasons for Data Protection Act
Personal Privacy is a basic human
• Computer systems contain large
amounts of personal data that may be
• Personal privacy & rights for
individuals demand good information
• The DPA is an attempt to address this
People & access
The DPA refers to people
• Data Controllers:
• legal or living person that determines the purposes &
how personal data will be processed. They must
register with the Information Commissioner about the
classes of personal data held
• Data Processor:
• who processes the data for the data controller (other
than the data controller‟s employee)
• Data Subjects … who have subject access
• Enforced by the Information Commissioner
The DPA covers
personal data: relating to an identifiable, living person
data subject: living individual about whom data is held
processing: obtaining, recording, holding, transferring,
altering, retrieval etc
paper Files - information held in manual form e.g.
customer data, staff appraisals, student records
electronic files, databases, spreadsheets & email.
photographs e.g. identity cards & departmental picture
CCTV, phone calls - usually installed for security
purposes. People must be aware that they may be
recorded or appear.
Eight DPA Principles
Must register & users/controllers must comply with 8
Personal Data must be:
1. fairly & lawfully processed
2. processed for limited purposes
3. adequate, relevant & not excessive
5. not kept longer than necessary
6. processed in accordance with rights
8. not transferred to other countries without protection
DPA & Freedom of Information
publications e.g. a prospectus with employee names &
photos - individual consent needed
www pages - Freedom of Information Act  aims to
promote “openness” incl. publishing names, job titles &
extension numbers. publication in phone directories …
seen as a normal business requirement.
use of client databases for research ?
research not specified as “a registered purpose”
transfers to research agency not specified
generally, where data is collected to provide a
product or service to the “data subject” … it is
only reasonable for the average consumer that
their opinion may be sought of that product or
service … so ….
inviting them to participate in such a research
project would be compatible with the purposes
for which the data was collected
Using a market research agency
Are they really a 3rd party? A 3rd party is not
or an employee
client remains controller of the database
agency is a processor of the original data
yet an agency may be controller of further data
supplied by data subject
Sensitive Personal Data means …
… consisting of information as to :
racial or ethnic origin of data subject,
his political opinions,
religious beliefs or other beliefs of a similar nature,
whether a member of a trade union
physical or mental health or condition,
his sexual life
commission (or alleged) by him of any offence, or
proceedings for offence s committed or alleged to have
been committed & court sentence.
incorrect data can be flagged & passed back to client for
follow-up & data cleansing
must not be kept beyond fulfilling the
purpose for which it was collected
Why than got this file?
no longer have I is necessary
in practice this is set out in privacy policies
Is it accurate?
Do I have permission to access it?
fixed period set in ISO 20252
Is it still current?
Arrangements for storage or
6. Shall be processed in accordance with the
rights of the data subject
right to anonymity/confidentiality in research
Data Principle 7
7. take appropriate technical & organisational
measures against unauthorised or unlawful
assess risk & respond & accidental loss or
processing of personal data appropriately
what data do you hold?
destruction of, or damage to, personal data.
who is in charge?
measured by sensitivity of the data
the higher the sensitivity, higher the security
Secure ..mobile devices & media - ICO
reports recently of laptops, containing personal
information stolen from cars, dwellings or left in
inappropriate places without being protected adequately.
The Information Commissioner holds that in future, where
such losses occur & no encryption software is used to
protect the data, enforcement action will be pursued.
portable & mobile devices incl. magnetic media to store &
transmit personal information (where loss could damage
or distress individuals, should be protected using
approved encryption software designed to guard against
the compromise of information.
Other legislation to consider
Computer Misuse Act 1990
Human Rights Act 1998
Public Interest Disclosure Act 1998
Regulation of Investigatory Powers Act 2000
Telecommunications (Lawful Business Practice) (Interception of
Communications) Regulations 2000
Freedom of Information Act 2000 (in force 2005)
remember when doing your job/work
data protection is the law
compliance is non-negotiable
think carefully about information you
have about individuals & what you do
Non-compliance can lead to legal &
liability can be personal and
organisational with fines of up to £5000
Example examination question
Discuss the application of ethical principles,
Ofcom regulation & data protection to
marketing, e-marketing and market research.
Give examples, from companies or business
sectors you are familiar with, to illustrate
significant applications of such law & regulation.