Maybe it will be easy for the advertising and Marketing industry to understand self regulation with this reference. With so much Cricket following and huge interest in it, with half the population being experts in the field, it should make sense. After all, the industry spends huge sums of money on sports and IPL. The cricketers are the main set of celebrity models that the industry uses and people associate with.
So, in the third Ashes Test 2023, Bairstow (England) was stumped by Alex Carey (Australia) as he wandered out of his crease at the end of a Cameron Green over. The third umpire upheld Australia’s appeal as the ball was yet ‘not dead’. Stuart Broad hit out at Australia for not withdrawing their appeal – the basis of request- Spirit of the game.
Now as per the rules of the game, Jonny Bairstow was out. However, Australia could have withdrawn the appeal and called him back in the spirit of the game. They did not. And that’s as simple as that.
The game is played by the rule and should be played by the rule, not the norms and spirit of the game. And for that, the rules should be simple, straight, not suspectable to differences or misinterpretation and applied equally to all.
EXTENDING THE ARGUMENT
What is true for the game is true for other professions, including Advertising and marketing, where there are clear rules in the case of Tobacco. Clear expectations and guidelines in case of Insurance, mutual funds, and investments. Simple rules for celebrity endorsement. Rules for liquor advertising and betting and much more. However, some brands ensure that they do everything legally required by them. Morality and ethics are not weighed in. The spirit of advertising and marketing is not evoked as ASCI gives guidelines and expectations under self-rule. Something that does not have the bite of legally ensuring compliance.
Do We Need a Law For Everything?
The question is- should there be a law for everything? Can’t the professional manning and executing such work take a call? Specific categories need to make moral and ethical calls even after meeting the legality of communication. Unfortunately, it’s a tricky business out there. They clearly are in no mood not to use the escape routes, including the classic surrogate advertising, misinformation, small point disclaimers, and such acts.
Maybe being professional, the industry demands the practitioner remain brand and market objectives focussed and work within the legal framework. Being alive to the spirit of the work and the brand is not necessarily the industry’s expectations. They will, as expected, take a calculated judgement and withdraw (if they do) an advertisement only after someone complains, ASCI acts or the audience troll them for it.
Like the Spirit of the Game in Cricket, values, expectations and a code of ethics are defined by the self-regulating advertising industry advertising that can be the difference and an example. But then, no one wants to be setting benchmarks. Everyone is busy and happy creating impact communication within the legal framework.
And there is nothing wrong with it because following the rules is really the spirit of the industry.
NET NET
If I was to take the preamble of the spirit of Cricket and replace that with advertising, it would/could read like this. It would make sense but hardly be practical as t will continue to mean different things to different people.
Advertising, marketing and communication owe much of its appeal, enjoyment and impact to the fact that they should be created, crafted and exposed not only according to the Laws but also within the Spirit of communication. The major responsibility for ensuring fair play rests with the marketing head, brand custodians and their advertising agencies but extends to all players in the ecosystem, creative creators, media, trainers, institutes and the audience that watches them.
Self-regulation is central to the Spirit of communication.
Play hard, play fair with the competition, and respect the audience’s sensitivities.
Accept the ASCI decision and don’t repeat the mistake.
Create a positive atmosphere through your conduct, and encourage others to do likewise.
Show self-discipline, self-regulate, raise voices and object to anything harmful or not in sync even when things go against you.
Congratulate the opposition on their successes, and enjoy those of your team.
Communication, Advertising and marketing is an exciting field that encourages leadership, friendship, networking, insight mining and teamwork, which brings together people and help them make decisions when a creative is curated, crafted and created within the Spirit of self-regulation, societal moral, and industry ethics.
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