4. DISCUSS THE LEGAL AND ETHICAL REQUIREMENTS OF YOUR CAMPAIGN AND HOW YOU WILL ENSURE THOSE REQUIREMENTS WILL BE FOLLOWED WHILST PREPARING AND EXECUTING THE ADVERTISING STRATEGY.
The consumption of alcoholic beverages has been an integral part of Polish social tradition. It is well above the European average. This trend began during the communist era, and steadily increased through the 1980s. In 1980 the average male Pole over sixteen years of age consumed the equivalent of 16.6 liters of pure alcohol per year. Nowadays, although consumption remains higher that the EU average, it is on a downward trajectory.
Research suggests that exposure to media and alcohol marketing is associated with the likelihood that adolescents will start drinking alcohol, and with increased drinking amongst drinkers. In order to protect vulnerable groups, and especially young people, against harmful exposure to alcohol marketing, an effective alcohol marketing regulation is crucial.
Content regulations could, if adequate, protect young people and adults against misleading or deceptive alcohol advertisements. When all relevant elements are addressed, content restrictions can protect young people against exposure to attractive alcohol advertising.
Alcohol advertisers always search for innovative ways to market their product. When introducing partial alcohol marketing bans, there is a danger that alcohol is advertised in media, on times or places which are not restricted. Substitution effects are limited by a comprehensive alcohol marketing ban that is integrated in an integral alcohol policy.
Alcohol advertising in Poland is subject to legislative regulations under the ‘The Act of October 26th, 1982 on Upbringing in Sobriety and Counteracting Alcoholism’ which ban an advertising for wine and spirits, based on the higher content of those beverages: “advertisement and promotion in the territory of the country of any alcoholic beverage shall be prohibited, except for beer”. Therefore, only the promotion of beer is allowed on TV and radio, in cinemas, outdoor, in magazines and newspapers and by sponsoring. Additionally, beer advertising is not allowed between 6 am till 8 pm on TV, radio and in cinemas, except for sponsor messages.
Wine advertising is allowed on the internet and other new media, direct marketing, promotions from selling points (bars and restaurants) or catering industry and specialist magazines. The Polish spirit industry endorses a voluntary code which stipulates “concerning the protection of minors, that alcohol advertisements can only target persons who have the legal drinking age (with some other additional restrictions)”.
Poland has implemented the AVMSD for all media when it comes to content restrictions. The advertising for all kinds of alcoholic beverages must comply with the following requirements: ✔
not to be directed to minors and under age persons or to be broadcast in programs for them; ✔
not to use minors and under age as performers or, in particular, present minors and under age using these beverages; ✔
the contents of the commercials must not be related to sport and physical achievements or driving vehicles; ✔
not to maintain that the alcoholic beverages possess therapeutic qualities, have stimulating or sedative effect or that they solve personal problems; ✔
not to encourage the excessive consumption of alcoholic beverages or present the abstention or the moderation in negative light; ✔
not to suggest that the high alcoholic contents contributes to the good quality of the alcoholic beverages. ✔
not to create impression that the using of alcohol contributes to a social or sexual success.
Volume and/or content restrictions can only be effective when adequately supported by a regulatory system. An effective regulation system should meet the following criteria: •
The legal context must be supporting; there can not be any conflicting regulations on the national or international level that interfere...
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