Traducere Daniel Felegean

8/6/2019 Traducere Daniel Felegean

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Consumer’s protection regarding advertising

1. Introduction

Advertising promotes goods, services, companies and ideas,often through paid messages. The purpose of these messages is tostimulate the wishes of the potential clients but moreover to formpositive strong opinions in connection with the product or the companythat it is promoted, the last goal being possible due to thepsychological manipulation which comes in a subtle form or not.

Companies should not be limitate in offering goods and qualityservices. They also have to inform their consumers about theadvantages. This requires an excellent use of the promotinginstruments of advertising, sales promotion and PR.

Countries members of the U.E. annual spend about 45.4 billionsEUR with advertising. As the recession comes to an end and thenational economies of member countries start to bloom again, it ispredicted a growth of the advertising outlay in most of U.E. countries.

The sponsors, those who financialy suport advertising actions,remain cautios concerning the optimal use of the advertising budget sothat the comunication goals are achieved. Organisations handleadvertising in several ways. When it comes to small and mediumcompanies it could be someone from marketing or commercialdepartment who handles the budget. But in big companies there maybe specialized departments which handle budgeting, collaborations

with agents in industry, exhibitions sales and so on..

2. Types of publicity

The informative publicity is intensively used on the market in thepioneer’s work period of some products categories, when the objectiveis to generate a primary request. This way, the yoghurt industry had,at the beginning, to inform the consumers regarding the nutritionaladvantages of yoghurt and its multiple utilizations.Persuasive publicity becomes more important in the competition

period, when a firm’s objective is to attract a selective request for acertain brand. Most of the commercials belong to this category. Forexample, the Chivas Regal company is trying to convince the clientsthat preferring this whisky brand they are offered a higher social statusthan the one offered by using other Scottish whisky brands. Somepersuasive commercials have moved towards the category of comparative publicity, which is trying to establish the superiority of



certain brand product by comparing it to one or more brands belongingto the same product class. The reminding publicity is very important in the case of the productswhich are in the maturity period. The expensive commercials in fourcolors for the Coca Cola products from the stores, do not have the

purpose to inform or to convince the people to buy Coca-Cola, but toremind them to do it. A form related to the reminding publicity is theensurance publicity, which is looking to convince the persons whofrequently buy a certain product that they have made a good choice. The commercials for cars will often represent satisfied clients who arehappy with the specials characteristics of the new car that they havebought.

3. The publicity’s influence on the consumer

The influence of consumers to buy products to which publicity is made,

is made through persuasion.Persuasion is the process through which the interlocutor is convincedto do something. It is a human activity which is devolving naturally.Each of us convince and influence more or less, just like each of uscommunicate more intensely or more superficial. The ten rules of persuasion are building efficiency in communication.1. The reciprocity rule is referring to the wish to give something inexchange, which we feel when we get something significant for us.2. The contrast rule is referring to perception: two different objectsseem even more different if they are placed one next to the other.3. The friends rule shows that are let ourseleves much too easy

convinced by the ones who prove us that they take into considerationour own interests ( by the ones who behave like true friends).4. The expectances rule says that we tend to perform at the level of the expectances of those whom we respect.5. The association rule says that we tend to appreciate products orservices sustained by people we appreciate (why would NadiaComaneci be invited to do milk commercials?)6. The consistency rule: when a person sustains that a written or oralpoint of view, will defend that point of view right in front of some verystrong contradicting proofs.7. The penury rule: we appreciate at a higher value the things which

we perceive that can be found in a limited quantity.8. The conformism rule: we tend to accept the proposals of themajority of the people who consider them as being acceptable.9. The power rule: we are invested with power by the others as muchas they perceive that we have authority, strength or experience.10. The time rule: our behavior is different depending on thepreponderant orientation of the attention: in the past, present andfuture.



The person who takes the decision does it many times based on othertypes of arguments than the logical or the logical-correct ones, beingconvinced by the “necessity” or the apparent “importance” of theaction or of the respective thing. In this sense we can say that thecommercials are persuasive.

Another technique used to make advertising commercials is credibility.Precision builds trust. Without precision in what you are saying, yougive the impression that one can negotiate more, can discuss, canhave more time, etc. A pretty recent commercial for a detergent showsthat by using it you can get rid of 99,99%of the spots. Have researchbeen made to get to this result? The more precise you are in what youare saying the more credible you will be, especially when we aretalking about numbers or time. More, it seems that the prices whichend with an odd number are more convincing than the ones with aneven number.It is very easy to convince sometime if you tell that someone that your

products are appreciated by other people. It is the reason for which thecelebrities show up in commercials, the reason for which anotherperson writes the presentation for a book which has been launched onthe market and maybe even the reason for which the mawkish showsfrom TV have so many fans. The testimonies function! Many specialistsin the success psychology have noticed this. Famous authors from USAinsert images of testimonies in the books or web pages they launch onthe market.

4. Protection organisms of the publicity consumers

The protection organisms of the publicity consumers in Romania are:NAC (The National Audiovisual Council) and the Romanian Council forPublicity (RCP).NAC is the only settlement authority in the audiovisual programsdomain, an autonomous public institution controlled by the Parliament,led by a council formed of 11 members. These are named, for a sixyears mandate, by the Romanian Parliament, at the Senate’s proposal,the Members of Parliament, the Romanian President and the Govern.NAC is the guarantor of the public interest and the only authority of settlement in the audiovisual communication area. “Our institution’srole is to ensure an audiovisual market based on the freedom of

speech, pluralism and free competition. In the same time, NAC mustmake sure that the TV and radio stations respect the norms regardingthe correct report, the private life, the human dignity and the underage protection.In what the legal frame is concerned, NAC functions after the lawnumber 504 in 11 July 2002.Regarding the publicity, there arestipulated a series of articles, such as: art. 27, line 3: “The subliminal



techniques are forbidden in publicity and teleshopping”., line 4:” Themasked publicity and the masked teleshopping are forbidden”Another important aspect related to publicity, mentioned in theaudiovisual law is mentioned in art.28, line 6: “It is forbidden theinsertion of publicity or teleshopping during a religious service

transmission.” The conditions which must be respected by publicity are mentioned inart.29, line 1:”Publicity, including self promoting publicity, andteleshopping must respect the following conditions:

a) Not to affect the physical, psychical or moral development of theunder age.

b) Not to prejudice the human dignityc) Not to include any form of discrimination on reason of race,

nationality, sex or sexual orientation;d) Not to bring any offense to the religious or political beliefs of the

viewers and radio listeners.

e) Not to stimulate the harmful behavior for health or population’ssecurity;

f) Not to stimulate the behavior harmful for the environment;g) Not to stimulate the indecent or immoral behavior;h) Not to promote, directly or indirectly, occult practices.

In the art. 30 and 31 of the same laws are mentioned theforbidden publicity forms : “Any form of publicity or teleshoppingfor cigarettes or for products made for tobacco is forbidden”,respectively “ Publicity or teleshopping for medical products andmedical treatments for which a medical prescription is necessaryis forbidden.”

Ensuring a high level of protection for the consumers representsone of the fundamental objectives of the National Authority forthe Consumer Protection, objective established through theANPC strategy 2005-2008 and in concordance with the EU policyin the consumer protection area. Here we can mention the Law363/2007 regarding the combat of unfair commercial practices,which clearly defines notions like product, consumer, merchant,the merchant’s practice, the behavior code and it explains thesituations in which the attraction methods of the clients areconsidered unfair, the classification being made in: misleadingcommercial practices (through action or omission) and

aggressive commercial practices.An important point of this law is represented by the misleadingpublicity. Mass-media is the first choice of the economicaloperators who want to promote a product and to increase theirsales.With the purpose of intervening quickly for the elimination of thenegative effects of the misleading publicity made through theaudiovisual, publicity which affects the economical interests of



the consumers, the law stipulates the obligation of NAC to givethe identification data of the economical operators involved inthe regarding publicity spots. This way, ANPC has closed aprotocol of collaboration with NAC, which stipulates, beside thegeneral objectives referring to the quick exchange of

information, and the express situation in which the NAC, at theANPC solicitation, will analyze the signaled situations. In theshortest time, the results of the analysis in public meeting of these cases will be made public, then each institution will adoptthe measures according to the competences they have throughlaw.Another protection organism of the publicity consumer inRomania is, like we have mentioned above, The RomanianCouncil for Publicity (RCP) specialized only in the publicity area.RCP or RAC (Romanian Advertising Council) is a professional,non-governmental, non profit and independent organization. The

basic activity of the Council is self settlement in publicity. Inpresent the Romanian Council for Advertising offers the copyadvice service too. RAC was founded in 1999. The initiative of making a union to support the advertising industry from Romaniahas belonged t more companies and to International AdvertisingAssociation, IAA. The companies which founded RAC, with IAA,are: Brewery Holding S.R.L. (Heineken Romania), HenkelRomania S.R.L., Procter&Gamble Marketing Romania S.R.L. andUnilever Romania S.A. The activity of the Romanian AdvertisingCouncil is based on the Practice Code in Advertising, elaboratedby its members. The code represents a set of ethical rules to be

respected by all the persons involved in the advertising area andin any form of commercial communication. The purpose of thedocument is to support the development of a decent and honestbusiness environment in Romania by offering a guide of form andcontent for a correct, honest and decent report to the consumerand industry. RAC has 50 members: companies, advertisingagencies, media and associations. At its turn, the Council is amember in other European organizations (EASA – EuropeanAdvertising Standards Alliance) or global (IAA – InternationalAdvertising Alliance).

5. Comparative analysis between the Romanian and American

AdvertisingIn the last 3 years, advertising in USA has moved towards on-line. From virals launched through youtube.com, to thecompanies which gather like-s on Facebook.com, the whole USindustry is looking towards social media, internet users andproducts consumers, opinions, on-line opinions.Some of the biggest advertising companies in USA have takenplace on Internet. Among these we have: Old Spice shower gel



(31.435.981 visualizations), the Entertainer50 Cent (29.527.795visualizations) correcting Pasta Tipp-ex (16.211.001visualizations).Under another aspect, from 2006 until now, in USA, the Saatchi &Saatchi company is trying to impose a new advertising concept,

named Lovemarks. This concept is the continuation of what weknow under the name of lovebrands (Coca-Cola, Pepsi, IKEA etc.),while in Romania, advertising is starting to distinguish the terms“brand” and “trade mark”.A check-up of the incomes from advertising between Romaniaand USA is not possible because of the different dimension andeconomical strength between the 2 states.Although publicity is related to imagination to a great extent, andthe Romanian people is well known for this, USA surpassesRomania a lot in what advertising is concerned. The advertisinginventors, USA practices this way of communication right from

the 60’s, and with such a dynamic economy it is normal for thethings to evolve in what advertising is concerned.

6. Conclusions and proposalsAdvertising occupies an important place in the economical activityarea, this thing being seen in the contribution to the incomes from thecommerce domains.In this paper we have followed the analysis of the aspects related tothe consumer protection in the advertising area. The law that supportsadvertising in Romania is the Advertising Law no.148 from 26 July2000.

The organisms on publicity consumer protection in Romania are: TheNational Council of Audiovisual and the Romanian Council for Publicity.

Traducere Daniel Felegean

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