Wednesday, May 6, 2020

Hitchhikers To Advertising Law In Australia â€Myassignmenthelp.Com

Question: Discuss About The Hitchhikers To Advertising Law In Australia? Answer: Introduction People all over the world make half of their judgments on the basis of the advertisements they see. The advertisements are present in all forms, whether on radio, television, print, etc. Thus, can be state that there is a grave responsibility on the advertiser to comply with all the regulations in order to avoid any kind of hardship. Through this essay an analysis is drawn on the statement Advertisements published by businesses appear in various media such as television, radio, print, or internet. In Australia, as elsewhere, advertisements are designed to have a certain impact or effect on those who see, read or hear them. The analysis is drawn with the help of several regulations and codes that are farmed within Australia. Advertisements Rules and Regulations It is argued that the statement made above is correct and the business advertiser needs to be careful about statements made in its advertisements given that they are subject to legal rules developed by the courts as well as by parliament. Some of the legal frameworks are:[1] Australian Consumer Law There are few provisions that are enacted within the ACL that deals with how advertising should be carried on. Some of the provisions are:[2] No advertisement must be deceptive or misleading in nature as per section 18 of ACL. Any advertisements that provide information or representation that are false are not allowed under section 29 of ACL. Any advertisement that brings advantages to the dominant party at the loss of the weaker is an act of unconsiousable and any advertisement that results in the same is violation of section 20 of ACL. There are few products that are strictly prohibited to be advertised. The same are: Tobacco products in order to discourage smoking, however, must comply with Tobacco Advertising Prohibition Act 1992. Prescription medicines in order to get these medicines advertised it is necessary to comply with Australian Register of Therapeutic Goods (ARTG). Interactive Gambling Services must comply with The Interactive Gambling Act 2001. Gaming Services in New South Wales and Victoria Advertisement to promote adoption; To enter into surrogacy arrangement are banned; Advertisement related to Alcohol must comply with: Alcohol Beverages Advertising Code (ABAC) and the Australian Association of National Advertisers Code of Ethics (AANA Code) when the same are on radio, Print and Television. When on packaging then The Australia New Zealand Food Standards Code (Food Standards Code) must be comply with; In films, DVDS and Games the Classifications (Publications, Films and Computer) Act 1995 must be followed; On cosmetics The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) Guidelines 2007 should be applied; The Food Standards Code must be applied by the advertisers when the advertisement related to food is undertaken. Apart from that there are codes such as AANA Food Beverages Advertising Marketing Communications Code and Australian Quick Service Restaurant Initiative for Responsible Advertising and Marketing to Children which are self regulated code and which must also be comply with. Any advertisements regarding Medical devices must comply with Therapeutic Goods Act 1989 (Cth), Part 2 of the Therapeutic Goods Regulation 1990, and the Therapeutic Goods Advertising Code (TGAC) as they can be sold directly to consumers. Any advertisements related to contents of motor vehicle must be guided by The Voluntary Code of Practice for Motor Vehicle Accounting instituted by the Federal Chamber of Automotive Industries (the FCAI Code). If any political advertisement is undertaken then it must comply with the Broadcasting Services Act 1992 (Cth). Observation It is thus observed that Advertisement which is of bait nature is not allowed or unreadable advertisements, with false information are coalition of section 18. Also, any claims regarding the novelty of the goods or origin or quality etc are violation of section 29 of ACL. It is observed that apart from these Australian Consumer law regulations, there are numerous codes and regulations that are framed within Australia which is binding upon any advertisement of any zone. The need to comply with these regulations is necessary mainly because to restrict the actions of the advertiser and to curb any kind of menace if any caused through such advertisement. Conclusion It is thus concluded that these are some of the regulations, enactments and codes that must be comply with by every advertiser who are indulging in the supply of goods or services to the consumers. The Compliance of laws are very necessary in order to avoid any kind of hardship in law. Further, the laws are not limited neither the list is exhaustive. Rather, with the passage of time and with the coming of new technology, the laws that is required to limit the actions of the advertisers are framing with each passing day so that the interest of the public can be justified. Reference List Leanne Montibeler Tony Anisimoff, A Hitchhikers Guide to Advertising Law in Management, 2014, https://anisimoff.com.au/publication/al14/. Horvath et al et al, Consumer business Law Developments, (American Bar Association 2009). [1] Leanne Montibeler Tony Anisimoff, A Hitchhikers Guide to Advertising Law in Australia, 2014, https://anisimoff.com.au/publication/al14/. [2] Horvath et al et al, Consumer Protection Law Developments, (American Bar Association 2009).

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