When advertising the spread of is information in the public or to selected target groups by most for-profit companies understood to publicize the purpose, products, services or image to maintain of companies, products and services. A special case is advertising for free, non-profit-making services or information such as member canvassing, fundraising, and election advertising. Advertising is classically transported as an impulse , praise, suggestion, stimulation or suggestion in order to stimulate and generate a specific action, a certain feeling or a certain thought in other people.
It serves both the targeted and conscious as well as the indirect and unconscious influencing of people for mostly commercial purposes. Advertising addresses conscious and unconscious needs or creates new ones , partly through emotional (suggestion) and partly through informal messages . Advertising is spread via the purely visual presence of a needs-based offer such as an appealing fruit stand, via verbal promotions by barkers or via writing and text such as boards, posters, newspapers, magazines and the like, as well as pictures . Thanks to modern media such as radio , television , film and cinema , the possibilities of advertising have become more multi-layered, more complex and in some cases more concealed, for example in product placement or sponsorship .
This article deals with advertising with regard to any economic good and its impact on people and the environment, as well as with technical systems (advertising systems, advertising media). The advertising objective in this sense is primarily the sale of a product or service; but it may also be gaining a cooperation partner or investor to act. Advertising is an instrument (the best known) of the communication policy , especially the communication policy in marketing and in general of marketing . In the marketing mix of a marketing campaign, advertising stands alongside instruments such as public relations, sales promotion , direct marketing and personal sales .
Delimitation and Definitions
In a broader sense, advertising is an integral part of human communication , e.g. B. social interaction to attract individual attention, to win favor and to initiate social exchange processes , to influence decisions or to woo partners (see courtship , flirting and partner choice ).
In the narrower business sense, advertising is understood as one of several functions of market communication in marketing . It deals with the transport of advertising messages via suitable advertising media to the target group (s) of a company in order to achieve a certain result: usually the (improved) sales of a product. Advertising in the public environment to achieve or maintain a good reputation is referred to as public relations ( public relations or image cultivation) and ultimately also serves to promote and secure sales. In the case of manipulative advertising in politics one speaks of propaganda , in religion of mission . For recruiting soldiers, see Advertising (Military) .
It is part of standard business and economic knowledge that advertising can be a mainstay of the growth-oriented, free-capitalist economy. "Advertising belongs to the marrow of economic capitalism ". "Current capitalism could not work and the global production networks could not exist without advertising."
»Advertising wants to attract attention, surprise, sometimes amuse, sometimes provoke, sometimes even disturb. Advertising doesn't depict reality. "
Depending on the point of view or point of view, there are different definitions of terms and even within a discipline, e.g. B. in business administration there are different ways of looking at "advertising".
- Karl Christian Behrens understands it to be "an intentional and non-compulsory form of influencing that is intended to induce people to meet advertising goals".
- Otto Walter Haseloff sees advertising as the "public, targeted and planned communication of information, motivation, conviction and manipulation of a defined group of people being advertised in favor of the market opportunities of a product or the image of a company".
- Heribert Meffert quotes Schweiger / Schrattenecker (1995): "A communicative influencing process with the help of (mass) means of communication in various media, the aim of which is to change market-relevant attitudes and behavior among the addressees in line with corporate goals."
- Frank Neuhaus sees advertising as "all collectively effective measures that are used in the interests of a company or a group of companies to win, develop and retain a customer base".
- Philip Kotler and Friedhelm Bliemel define advertising as follows: “Advertising is one of the instruments of sales-promoting communication. Companies try to use advertising to effectively address and influence their target customers and other groups. Advertising includes any kind of non-personal presentation and promotion of ideas, goods or services from a clearly identified client through the use of paid media . "
- Ernst Primosch gives a deeper sociological definition : “Advertising is a place where the profound phenomena of an era are expressed, its history, fears, myths, preferences and interests”.
- According to a legal definition in the law against unfair competition (UWG), a competitive act u. a. any “act with the aim of promoting one's own sales or the purchase of goods or services” ( UWG).
- European law with Art. 2 a) of the Directive on misleading and comparative advertising (2006/114 / EC) provides an indication of a further legal definition . This defines advertising as "any expression in the exercise of a trade, trade, craft or professional profession with the aim of promoting the sale of goods or the provision of services, including immovable property, rights and obligations". This definition also serves as the basis for German competition law.
- The building law of the German federal states mainly concerns the physical appearance of the advertising and the requirement for approval. So-called advertising systems are defined in the building regulations as fixed facilities that serve to announce or advertise or indicate a trade or profession and are visible from the public traffic area. This includes in particular signs, lettering, paintings, illuminated advertising, showcases as well as columns, boards and surfaces intended for postings on notes, arches or illuminated advertising. This also includes, for example, trailers with labels that are parked on the roadside for advertising purposes ( special use ). When it comes to the admissibility of advertising within certain building areas, the content of the advertising also plays a role, in which a distinction is made between in-house and third-party advertising.
Etymologically , this is the substantiated form of the verb to advertise . This is closely related to vortex . The fundamental meaning can therefore also mean something like "to rotate". Also relevant meanings are: “to go back and forth”, “to look around”, “to make an effort”, “to do something”, “to align”, “to turn” or “to walk”.
Courtship has existed in many cultures since ancient times . The historically first modern definition of the term “advertising” referred exclusively to recruiting soldiers ( Brockhaus 1848). For today's understanding of the term, on the other hand, the term advertising was used in Germany until the 1930s (derived from the French réclamer "to call out", "to praise"). This was systematically suppressed by the National Socialists , because they wanted to replace the supposedly “Jewish advertisement” of the Weimar Republic with a “German advertisement”.
Historical roots of commercial advertising
The display and promotion of goods in markets is the original form of advertising. The first discoveries of commercial billboards are known from the ruins of Pompeii . Barkers who moved from market to market already extolled goods and services in the Middle Ages. The advertising was limited to the place of action, namely the market stall or the shop. The separation from the place of action and the use of other advertising media and forms began around 1850 in connection with the industrial revolution . With the onset of mass production , products were offered that went beyond meeting the vital needs. Increasingly, goods not only covered the original needs, but also satisfied emotional and deeper psychological aspects in addition to the pure fulfillment of benefits. Branded products became more and more important over time. The first luxury goods were available. Until the First World War, the word advertising was used for advertising .
With the freedom of the press in 1849 in Prussia, the business indicators (increased ads ) and the press was more and more dependent on these revenues. In 1855 Ferdinand Haasenstein opened the first "mediation institute" (advertising expedition) to organize the advertising market. This became the first advertising agencies in German-speaking countries. From 1854 Ernst Litfaß installed the first advertising pillars he had invented in Berlin . With the increase in advertising, the first advertising criticism also began: people complained about "dirt and dizziness" in advertising.
With the onset of mass production, consumption became a new component of the living environment, and its importance has continued to increase to this day. Consumers were able to express their position in society and branded goods became more important. Brands prevailed sustainably and noticeably. Here is also a professionalisation thrust of advertising to locate - graphs and so far unusual large window adorned the cityscape since the 1920s. The slogan A picture is worth a thousand words comes from this time. The advancing electrification brought the first neon signs, such as the Bayer Cross in Leverkusen , which still exists today .
Around 1930 a paradigm shift began (profound revolutionary process): from the seller's market , in which the seller largely stipulated conditions thanks to the scarce range of goods, to the demand-dominated buyer's market , in which the customer could now more and more choose from a rich variety of competing offers. Goods not only covered the original need, but also other emotional aspects in addition to the pure fulfillment of benefits. Branded products became more and more important over time.
The beginning of the first brand strategies in Germany with the introduction of Dr. Today, Oetker is considered the birth of European marketing and also a classic example of a long-term advertising strategy. Odol and Persil are classic, mass-produced branded products from this time. From 1950/1960, with the arrival of self-service shops, another change began. The product had to stand out from the rest. The prior awareness of a product through advertising became more important in order to attract the customer's attention.
Design and implementation
Advertising media and media
The advertising medium is the medium that conveys the actual message with the help of design elements (advertising material). The term advertising often covers advertising media and media at the same time. Advertising media are advertisements , haversacks with advertising, posters , stickers , TV spots , radio spots, film spots , paid mailers , textile printing , lettering , mailings , exhibition stands , advertising figures , advertising music , advertising games or pop-ups . The performance of a printed advertising medium is measured with the help of the thousand contact price (CPM), the price for every 1,000 potential prospects reached.
On the other hand, there is the term advertising medium for the article that does the advertising. Basically there is hardly anything that is not suitable or used as an advertising medium. The only common condition is that the wearer be noticed by people. This list therefore only gives an overview of the possibilities.
- in public spaces ( outdoor advertising ), e.g. As advertising pillar, frame plane, Baureklame , billboard , facades or walls ( livery , signage, boom), fence, Skywriting , pavement surfaces, platforms, stairs
- in the open landscape, e.g. B. mountain slopes, beach areas,
- in public and semi-public facilities, e.g. B. Sports facilities, schools, hospitals, underground stations
- Business gifts , e.g. B. Calendar, ballpoint pen, business card, lighter, chips for shopping carts etc.
- Media advertising , e.g. B. radio broadcast , television broadcast , newspaper advertising, prospectus (advertising) , cinema advertising , website , advertising games , spam
- Video games
- Transport advertising , e.g. B. on and in trains and buses, taxis, trucks
- Textile advertising, e.g. B. jersey advertising , jackets, shirts, t-shirts, hats,
- Sales advertising at the point of sale , e.g. B. display , window advertising, speakers, radio shop, store layout , Verkaufsraumbeduftung , Shopping Cart, Cash posters, the staff itself, such. B. in department stores or (specialist) retail advertising
- Scented advertising
- targeted sound reinforcement
- Telephone call , fax
More recent developments are video games that weave goods into their programs, special advertising channels in hospitals and personalities who occasionally wear tattoos. One method not to be recognized as advertising is so-called guerrilla marketing , in which a sensational rumor about a new product is spread to a target group. For financially weak US cities, it is a source of income to offer space on police vehicles for advertising purposes. Curious advertising media such as rockets or the international space station ISS or food apparently expand the range without limits.
Other exemplary developments in recent times are that entire subway stations in Berlin are being redesigned into product stops and rented exclusively to a company that equips display cases, columns and walls with its advertising. Düsseldorf has multi-sensory experience stops that are equipped with speakers and fragrance systems that give off the smell of an advertised detergent. The Swatch company used projectors to advertise clocks on the Berlin Victory Column and the television tower. The five-digit fine for the unauthorized action was included; the illegality attracted additional attention. The newer forms of advertising also include, in a broader sense, customer loyalty programs , which are basically the electronic form of earlier discount stamps . Discount stamps were already widespread and widely accepted at the beginning of the last century. One example is the group cooperation “ Payback ” or, in Switzerland, the discount cards of the larger food companies such as Migros or Coop . Such discount programs are controversial among privacy advocates because over time companies can create purchasing profiles and research purchasing behavior .
The very latest trends in advertising are the targeted use of fragrances, some of which are below the conscious threshold of perception, and the targeted sounding of individual passers-by, whereby the origin of a message is not recognizable.
14 meter high billboard in southern Spain; (since 1997 "Spanish cultural property" without Osborne lettering ) (1985)
Special forms of advertising
Due to its complexity, advertising can be classified or categorized in different ways and there are special forms. The most important are:
Cross promotion and word of mouth
When companies in different service areas have the same or similar target groups and develop joint advertising, as in the case of the BMW Z3 and MGM , we speak of cross-promotion . Here both parties benefit from the congruence of an image message and at the same time reduce the switching costs and procurement costs of the equipment, e.g. B. for a movie. Such goals are also pursued with the exchange of showcases in retail, cross-selling campaigns in the field or joint poster advertising by NGOs and charitable companies.
Personal recommendations ( word of mouth ) and the loyalty of the target group for “their” brands and the generally positive image of some brands, for example among children or high-income earners, are also suitable for drawing permanent attention to the corresponding offers. The recommendation of a sympathetic brand or a satisfactory provider among friends is one of the main sources of revenue for so-called network marketing , in which independent sales representatives advertise almost exclusively through recommendations. Both cross-promotion and so-called recommendation marketing use this congruence of opinion formation to generate additional contacts in sales .
Low budget advertising
Low-budget advertising (advertising with a small budget) is categorized according to comparatively low financial costs. The advertising success therefore depends more on a good advertising idea. Strategies for low-budget advertising are e.g. B. Guerrilla Marketing , Viral Marketing and Press Releases .
In direct mail , potential customers are written to directly. It is therefore a simplified form of direct marketing without a dialogue element, i.e. without a response amplifier. In contrast to general mass advertising, direct mail has a higher target group security because, in contrast to e.g. B. is used for radio or television advertising directed to people.
The most important element of direct mail is the mailing , in which the information is in the foreground and not the possible response of the person being advertised . The design of such a letter is usually followed by the construction of the AIDA model and findings from research on usability (usability). Another special form of direct mail is couponing . With the help of couponing portals, companies try to interest new customers in their products and services with discounted introductory offers.
Product placement and surreptitious advertising
This is advertising that is perceived but not recognized as such ( surreptitious advertising or product placement ). Such advertising can have a powerful impact at a minimal cost. Common products are built into films or television programs, be it cigarettes, cars, drinks, etc. In what is known as virtual advertising , goods are subsequently placed in repeated programs. In the United States, billboards are virtually inserted into broadcasts of Major League baseball games, and in the same way slogans or logos were projected onto the canopy or walkway that show stars passed at the 2001 Grammy Awards ceremony. Advertisements are shown in cinemas before the films, with lavish short advertising films such as B. from Microsoft or DaimlerChrysler. The largest advertising agencies go to great lengths to work with the largest media companies to produce programs. The result is what are known as '' infomercials, '' which are similar to entertainment programs. According to the guidelines of the public broadcasters, surreptitious advertising is prohibited on German television.
Types of product placement:
- Verbal Placement - The product or brand is built into the film dialogue or even highlighted. Example: "Mission Impossible", where it literally says in a dialogue: "[...] my beautiful Bulgari necklace [...]"
- Visual placement - the brand is not literally mentioned, but only shown in the picture, for example in the form of a cola can.
- Country or location placement - cities, countries or regions advertise because scenes from a film are set there. Example: When the three parts of "Lord of the Rings" were shown in the cinema, many fans traveled to the locations in New Zealand.
- Music Placement - Music publishers try to use this route for B. to market old titles again. In return, the music often serves as an incentive to watch the film or to buy the CD for the film.
- Negative Product Placement - Product placements can also be used in a negative sense, namely to bring certain products into disrepute. Example: In US police films, the perpetrators often drive German cars.
- On-set placement - With on-set placement, the product is unimportant for the course of action. It only comes into the picture marginally and only briefly. Example: an easily recognizable product is briefly held in the camera.
- Image placement - the content of an entire film is tailored to a product, a brand or an institution. Example: The film " Top Gun " served e.g. B. to improve the image of the military.
Subliminal advertising ( English subliminal advertising, sub-threshold advertising ) describes the form of advertising that cannot be noticed even with tense attention (for example because it consists of very short tachistoscopic optical messages that are tenths of a second long ), but which is assumed to be still works.
In the 1950s, this form of advertising was discussed in the USA, Great Britain and Germany, partly on the basis of invented test reports such as the Eat-Popcorn-Drink-Cola Study . Subliminal advertising was then dropped as visually and acoustically proven to be ineffective, but was never completely forgotten. The attempt to offer effective optical or acoustic advertising completely below the threshold of attention was for a long time considered to be ineffective according to perceptual psychological research. More recent studies suggest that subliminal advertising can work if it fits the recipient's current needs , for example advertising a drink to thirsty people. Possible applications also open up olfactory perception , that is, advertising via the sense of smell, for example in the form of "scent print" (see shop sales ).
The personification (humanization) of abstract terms, for example impurities, is based on the concept of the positively occupied advertising figure and reverses the emotional association. Gray veils or spots turn into small, hairy or even slimy creatures in the commercial , in order to arouse people's natural disgust for such pathogens (insects, worms, mites). Scientificity is often suggested by the representation; Microscopy recordings, white coats, diagrams.
The psychology of learning empirically confirmed that a subject, including a product name, better in the memory impresses when it met in an emotionally exciting context. Such emotional excitement can provoke sexual innuendo as well as fear , disgust, or anger . “Taboo or shock advertising” with negative motives attracted a lot of attention. Shocking advertising, which was particularly influenced by Benetton (oily duck), explicitly does not aim at product interest: “We don't make a high-tech product. It is therefore important that people who do not buy our sweaters and skirts talk about Benetton. "
In her book “Shocking Advertising - Violation of Section 1 UWG?”, Ulrike Wünnenberg defines this type of advertising as follows: It is “advertising with a 'posed' or realistic image, distress, suffering and misery, but also religious or has politically highly sensitive topics as its content, has no or only inadequate reference to the product or company to be advertised and is only or still associated with the logo of a company or a product, which is suitable due to its unexpected motive, reactions of various kinds of to evoke the greatest intensity ”.
Since these assumptions can be very different, the effect of shocking advertising always depends on social, cultural and individual factors. In order to be able to provoke , the advertising company needs a sound knowledge of social and cultural circumstances and collectively accepted habits and their limits. Human sexuality is also suitable for gaining the recipient's attention by transgressing socially accepted (viewing) habits in public space . At the turn of the century from 1890 to 1905, Anheuser-Busch showed photographic images for the first time in beer advertising.
Until the 1950s, occasional advertising with slightly erotic -looking motifs was used in the USA . But it wasn't until the late summer of 1953 that the first Playboy magazine came onto the market in the USA. It was the first time a woman was shown completely naked (erotic) in a regular magazine that was intended for the general public. With the then still young Marilyn Monroe as a pin-up girl and the corresponding advertisements for the Playboy, the slogan “ sex sells ” was coined as such. The corresponding, general advertising environment accepts and uses this. Advertising methods like this are not entirely undisputed.
The Berlin beverage manufacturer K-Fee launched a shock advertisement in the spring of 2004. While z. For example, driving a car peacefully, shooting up a zombie figure and screaming hysterically. However, the advertising had to be stopped again because many people complained to the German advertising council. The Federal Court of Justice, however, loosened its case law on "emotional advertising" in a judgment of September 22, 2005, I ZR 55/02. What is new is that an advertisement is not only unfair because it arouses interest in buying - without any factual connection with the advertised goods - mainly by addressing a sense of social responsibility (claiming a donation to an environmental organization).
Absurd advertising is advertising in the form of juxtaposed images, words and / or voices that the viewer perceives as bizarre, irrational , illogical and confused. For example, computer manufacturer Dell advertised a spotted elephant in newspaper ads. Four forms of absurdity are distinguished and demarcated from one another: surrealism , anthropomorphism , allegory and hyperbole . The effect of absurd advertising is largely unexplored. Some research has shown that the perception of absurd advertising depends on influencing factors, such as previous attitudes to the product category, individual differentiation, program environment, etc.
Differences in consumer goods and capital goods advertising
Capital goods such as machine tools, power plants or commercial vehicles are sold differently than consumer products. Klaus Backhaus (Capital Goods Marketing 2003) shows that fundamentally different strategies have developed in relation to all areas of marketing and corporate management for consumer goods providers and providers of durable goods and services. Capital goods are services that are procured by organizations such as companies or public administrations in order to create additional services that do not consist of distribution to end customers (private households).
In the area of market communication, especially advertising, the advertising strategy, tonality and copy as well as the utility of the advertising message differ considerably. In the consumer goods market, relevant advertising measures tend to take place in the context of traditional advertising (TV, radio, print media). Investment goods advertising, on the other hand, tends to reach decision-makers through direct marketing . The numerically smaller target persons (decision-makers from institutionalized consumers) are consciously much more interested in the factual information content of advertising, but they react just as intuitively to trust-building elements and advertising media as other consumers.
As a rule, several people are involved in the purchasing process on the buyer side as well as on the side of the supplier of capital goods, with the respective organizations being referred to as buying centers on the buyer side or selling centers on the supplier side. Advertising is thus primarily carried out in the interaction between these organizations and not placed in an anonymous, passive market as in consumer goods marketing. Therefore, a certain stability of the relationships between manufacturers and customers is characteristic (cf.Zentes: Basic Concepts of Marketing, 1996, p. 182)
Lower switching frequency with a higher information density of factual utility information of corresponding advertising measures lead to the creation of a positive climate for personal sales talks and to stimulate demand on subsequent stages of the sales processes (e.g. support, joint research and development as well as training). The advertising measures of the consumer goods market, on the other hand, tend to focus more on affective purchase decisions and image building .
Classic advertising in the communication policy of marketing
Classic advertising, also known as media advertising, has the greatest importance of all the instruments in marketing communication policy. The prerequisite for the success of classic advertising is acceptance of the advertising by consumers. Advertising in insertion / print media and in audio / video media is referred to as classic advertising.
The insertion / print media include:
- Popular magazines
- Special interest magazines
- Trade journals
The audio / video media includes:
- movie theater
Advantages and disadvantages of the different media
The advantages are that they allow short-term availability, precise timing and a high level of topicality. Their disadvantage is that it is difficult to precisely address the target group, as newspapers are read by a broad spectrum of the population, not just the target group. Furthermore, advertising letters and free newspapers can be prevented with a corresponding sticker on the mailbox.
- Public and special interest magazines
The advantage is the relatively high chance of multiple contacts, they have a long range and cause low costs. However, disadvantages are wastage and long-term planning is necessary.
- Trade journals
Pros: They are read by a specific audience and there is a high level of reader involvement. Disadvantages: The purpose of the trade magazines, which is to convey information, can counteract advertising, as readers only focus their attention on the articles and completely ignore the advertising.
- watch TV
Advantages are that there are a variety of design variations for television advertising and newer forms of advertising such as teletext have been made possible. The television is a basic basic medium these days, and advertising is flexible in terms of location and time. In contrast, the disadvantages are that advertising causes high costs and there are restrictions on the placement of advertising. Furthermore, the ratio of the spot length to the total advertising time is problematic, because if the spot length is too short to the total advertising length, the advertising message gets lost in the crowd, whereas if the commercials are too long, it can lead to a decrease in attention. There are also slight alternatives for advertising ( use computer , mute, switch to another program or switch off).
- movie theater
The advantages of advertising in cinemas are the high probability of contact and high intensity. In addition, products can be offered in the cinema directly after the corresponding spot. The disadvantage is the relatively short range (only the people in the cinema are exposed to the advertising), and there is a relatively high risk of reactance (people are in the cinema to see a film; too much advertising reduces the attention paid to the advertising , and the advertising may have a negative effect). In addition, long commercials can also cause annoyance and irritation for the audience.
The advantages are low costs and a high reach can be accumulated quickly, and it is an effective form of advertising regionally. On the other hand, there is the disadvantage that this medium is not suitable for nationwide advertising. In addition, in some cases the desired target group can be difficult to reach.
Its advantages are the variety of design variations for advertising on the Internet. Possibility of short-term availability, precise timing, a high level of topicality and a more targeted target group approach through individualized advertising. The disadvantage is the risk of reactance from too much advertising. By using “pop-up and banner blockers”, advertising is no longer noticed by the user, even if so-called anti- ad block scripts are now in circulation.
Advertising and media
Advertising and media are closely related. Newspapers, for example, have a more or less high number of advertisements. The advertising industry uses these advertisements to finance the newspaper and thus indirectly the editorial team behind it. This results in dependencies that contradict free, independent reporting. In the event of critical reporting on certain products, the advertiser threatens to stop placing ads. On the other hand, an advertiser is not served by advertising in a publication that is not perceived by the reader as being independent of the industry.
The piano manufacturer Steinway & Sons made this conflict clear from its perspective as an advertising customer in 1914: "The editorial reviews in daily newspapers [...] are very popular." There are large companies that pay considerable sums to get these top spots in the newspaper . You go a different way yourself, because "you almost always succeed in getting something from this space for free if you make a larger deal on space in the advertising section", i.e. book a larger area elsewhere in the newspaper. Unfortunately, however, the more important newspapers are "less generous with it". Steinway's advertising department offered less critical editorial staff ready-made texts: "These texts can easily be adapted by our representatives for their own purposes."
On the one hand, the majority of advertising media are mass media; on the other hand, almost all mass media are advertising media, many of which are mainly advertising media and, with the exception of the largely or fully fee - financed public service broadcasting , are privately owned. Private media income is largely and sometimes entirely based on advertising income, such as free newspapers or private broadcasters, newspapers and magazines up to 80%. But even with public broadcasting, advertising income of up to 40% can be said to be dependent.
Due to the great importance of the media in a democratic community, this level of dependency is seen at least as a threat to the diversity and balance of reporting. A medium that disseminates advertising can hardly be independent and the greater the advertising share, the higher the dependency. This dependency has "very specific effects on the type of media content [...] In the business press, the media are often referred to as exactly what they claim to be in their open moments: as a branch of the advertising industry."
The private media are also subject to increasing concentration, with ownership structures often being confused or opaque. This development represents an "ongoing threat to democratic culture" which, in the opinion of politicians and social scientists, should in itself set off all alarm bells in a democracy. Only five or six ad agencies dominate the $ 400 billion global advertising industry.
“Journalists have long been under pressure to design reports to suit advertisers or owners…. the vast majority of television stations found their news departments to be 'cooperative' in framing the news to support 'nontraditional revenue growth'. "
Negative or undesired reporting can be prevented or influenced if advertisers threaten to withdraw their orders, or only if there is a risk of their order being withdrawn. A clear example of this is the refusal of television stations in the US and Canada to broadcast Adbusters spots . The dependency is particularly pronounced when a medium has only one or a few major customers. The influence of an advertiser affects not only information about him or his products, but also the content of programs and articles, even of contributions that are not directly related to the advertiser. In order to secure their advertising income, the media must endeavor to present the best possible “advertising environment”.
In the private broadcasting sector, the quota basically decides the program and thus the price that can be achieved for advertising. The broadcasters' business is to “skim off as much attention as possible. The audience rating measures the attention that the medium earns for the attention it deserves. The service of this attraction is sold to the advertising industry ”and the audience figures determine the price that can be achieved for the advertising.
The situation in the USA
In the United States, corporate content determination has been common practice since 1933. The company Procter & Gamble (P&G) agreed a barter deal with a radio station (now known as "bartering"), which made history: The company would produce a program at its own expense and the station could save the expensive production of content. To achieve this, P&G wanted to spread its commercials and put its products in the limelight in the "show". In this way, the first soap opera , the 'Ma Perkins' series, was created, which P&G used as an advertising medium for the leading detergent brand at the time, Oxydol. The soap opera was taken over by the new medium "television" from the start.
There are also examples of undisguised influence on the editorial team. Before its merger with Daimler-Benz, the US company Chrysler had its advertising agency PentaCom send a letter to numerous magazines requesting them to send an overview of the topics covered before the publication of a magazine. Above all, Chrysler wanted to know whether there was any content that was devoted to "sexual, political or social matters" or could be interpreted as "provocative or offensive". David Martin, head of the advertising agency PentaCom, said: “We justify this by saying that when you look at a product that costs $ 22,000, you want to see this product surrounded by positive things. There's nothing positive about an article about child pornography. ”In another case, the US television network“ USA Network ”held unofficial top-level appointments in 2000“ to find out what content companies wanted to advertise. “Advertising TV programs are tailored, timed and the content is designed in such a way that they fit the needs of the advertising, the program is divided into suitable sections for commercial breaks. If possible, these are also coordinated dramatically with the advertising, so that the sections are at the end of a tension climax or leave a question unanswered in order to keep the viewer interested.
Because of the increasing connection, it is increasingly difficult to distinguish between advertising and information. “The boundaries between advertising and media… are becoming increasingly blurred […]. What August Fischer, CEO of Axel Springer Verlag, describes as a 'tried and tested partnership between media and advertising' [...] is, for critics, nothing more than the undermining of journalistic tasks and freedoms. ”According to former RTL boss Helmut Thoma,“ should and private broadcasters cannot serve a program mandate, but only serve the corporate objective, namely 'acceptance by the advertising industry and by viewers.' "
Patrick Le Lay, former managing director of TF1 , a private French television broadcaster with a market share of 25 to 30%, said: “Basically, it is TF1's job, for example, to support Coca-Cola in selling its product [...] so that an advertising message is perceived the viewer's brain has to be available to us to distract and relax, so to speak, and to have it ready between two advertising messages. What we sell to Coca-Cola is available human brain time. "
Relationship between advertising and democracy
Due to these dependencies, a broad, public and fundamental debate about advertising and its influence on information and freedom of expression is hardly possible, since all common media are affected by it. “The notion that the economic base of the media, journalism and communications, namely advertising, could have worrying implications for democracy is excluded from the spectrum of legitimate debates [as is] capitalism as an issue in US politics Culture is taboo. "
The American writer Upton Sinclair addressed the influence of owners, advertisers and economic interests on the media in his 1920 novel " The Brass Check ". Sinclair was thus an early critic of the structural foundation of US journalism. In his book "Our Master's Voice - Advertising", the social-ecologist James Rorty (1890–1973) wrote: "The mouth of the demonic gargoyle is a loudspeaker powered by the financial interests of a billion dollars Economy and in its background the financial interests of the entire economy, industry and the financial world. He's never quiet, he drowns all other voices and he is never rebuked because isn't he the voice of America? That is what he claims, and to some extent, the claim is correct. […] She taught us how to live, what to be afraid of, what to be proud of, how to be beautiful, how to be loved, how to be envied, how to be successful… Is it surprising that the American people increasingly inclined to speak, think, and feel about this nonsensical chatter? That the suggestions for art, science and religion are increasingly relegated to the periphery of American life in order to become peripheral values that are cultivated by marginalized groups in their free time? "
Advertising in sports, education and culture
In order to develop further sources of finance for performances, exhibitions, concerts, congresses and many other events as well as for sport, art and culture are used to promote sales. Due to the scarcity of public funds, galleries, museums and symphony orchestras compete for sponsors from the economy. Where sponsors partially or completely take over the financing, they buy the service of the attraction. Artists are judged and paid according to the extent to which their art can be commercialized. Advertising itself is now largely viewed as an art and a contribution to culture. Companies promote well-known artists and receive exclusive rights in worldwide advertising campaigns. For example, the La Bohème performance on Broadway in New York included advertising messages in its set. Advertising is integrated into fashion. The logo is the sole design of many items of clothing and is often more important than the item of clothing itself.
The film industry, once inaccessible to the usual advertising industry, is now fully integrated into the advertising industry through strategies such as licensing, tie-ins and product placements. The main function of many Hollywood productions today is to sell a mountain of goods. The press referred to the 2002 James Bond film "Die Another Day", which lists 24 advertising partners, as "ad-venture" instead of "adventure" and noted that Bond now has the "license to sell" got (instead of the license to kill). As it has become a common practice to place products in films, "this has an obvious impact on which films are attractive to advertise and which films are most likely to be made".
Educational and social institutions are increasingly affected by the financial shortage. The original absolute ban on advertising in schools has been relaxed and sponsorship is permitted in most federal states under certain conditions. There are advertising agencies that specialize in school promotions. One last important area, universities, is under heavy pressure to open up to business and its interests. Cities like New York accept sponsorships for public playgrounds (see also: School Marketing ).
There is practically no competitive or professional sport without sponsorship. Jürgen Hüther and Hans-Jörg Stiehler speak of a sports / media complex as a complicated aggregate of media, agencies, management, sports organizers, advertising and so on with partly common, partly diverging, but in any case commercial interests. The media presumably occupy a central place in this because they can provide the other participants with a scarce commodity, namely (potential) public attention. In sport, "the media can generate enormous sales figures in terms of both circulation and advertising."
The tobacco industry regards the promotion of sport as valuable advertising, with the Formula 1 racing car being described in a tobacco industry magazine in 1994 as the "most attractive advertising space in the world". Group studies carried out in 1994 and 1995 at 22 middle schools in England found that boys who were most likely to watch motorsport on television were 12.8% more likely to smoke, compared to 7.0% for boys who were not interested in motorsport. Although tobacco advertising is only allowed in 7 of the 17 Formula 1 races, Phillip Morris remains the main sponsor of the Ferrari racing team until 2010 .
Broadcasting rights , sponsorship and merchandising now make up the largest share of the income of sports associations and clubs active in media sports, above all the IOC ( International Olympic Committee ), and no longer the sale of tickets.
Due to the dependence on advertising income, a lot has changed in sport in recent years under the influence of the media. These include the inclusion of trend sports in the Olympic Games, changes in competition distances, rule changes, animation of the spectators, changes in sports facilities, the star cult around athletes who are quickly successful in advertising and in the entertainment industry due to their media value, and not least the transformation of sports stadiums in corporate arenas. In order to raise money, clubs sell the naming rights for sports stadiums to companies. This trend began in the USA as early as the 1970s. In Germany he started in 2001 with the Hamburger Volksparkstadion , which was renamed the AOL Arena . Most of the stadiums have meanwhile followed suit: the Stuttgart Neckarstadion became the Mercedes-Benz Arena in various variations , the Dortmund Westfalenstadion is now officially the Signal Iduna Park . The renaming of the Frankenstadion in Nuremberg to Easycredit-Stadion led to protests from fans and the population. The former SkyDome in Toronto has been renamed the Rogers Center .
Advertising by doctors and dentists
Business management of advertising
Advertising in the marketing mix of business administration
Advertising is an instrument in communication policy , part of the marketing mix . Here it stands alongside sponsoring and sales promotion (promotion), public relations (from English also PR for public relations), event marketing , trade fairs and exhibitions, personal communication ( personal sales ) and direct marketing .
Although central aspects and rules of advertising apply to almost all communication instruments of a company, such as B. the appropriate addressing of the target group , the adaptation to a higher-level design ( corporate design ) or the measurability on the basis of return numbers (so-called response ), have developed their own principles and areas of application for the other instruments of market communication.
The panel discussion on the subject of location planning within a company's public relations work follows the laws of perception of stimulus words , but cannot be measured with the same short-term criteria for success as a multi-stage advertising campaign . On this basis, advertising cannot be viewed in isolation from other marketing instruments, nor should the increasing mutual interaction with the other service areas of a modern, customer-oriented company be neglected.
In addition to the diverse interactions with the functions of the marketing mix itself, the link to credibly addressing investors and donors about corporate financing ( financial communication ), dealing with one's own employees ( internal marketing ) or with suppliers ( procurement marketing ) should be mentioned here . This complexity particularly characterizes the advertising of (domestic) wholesalers and retailers . Your promotional approach must not only be convincingly aimed at customers, suppliers and employees, but also often include competitors (e.g. cooperative advertising in associations, community advertising, neighborhood advertising).
Advertising success control
Advertising market metrics
“Attention” became a new commodity for which a market was developing. According to Georg Franck , every presentation surface that can guarantee a certain level of attention functions as a magnet for attention, e.g. B. Media, which actually serve information and entertainment, culture and art, public space, etc. It is this attraction that is sold to the advertising industry and supply and demand determine their price that has a significant influence on advertising costs. According to Franck, the level of attention absorbed and redistributed by the media in the struggle for quotas is not the same as the level of attention available in society. “All the attention that is circulating in society consists of that which is exchanged between people and that which is devoted to information through the media. Only the latter is homogenized by quantitative measurement and only this takes on the character of an anonymous currency. ”In 2006, 391 billion US dollars were spent on advertising worldwide.
There is a direct causal relationship between advertising and growth. Therefore, as far as a growth-based economy can be held responsible for the harmful way of life of the people, critics demand that advertising should also be considered in this regard for its negative influence, because its main purpose is to increase consumption. "The economy is accused of being the engine of a complex economic mass production system that drives consumption."
According to a report by Spiegel-Online, in 2008, for the first time in the USA, more was spent on online advertising (US $ 105.3 billion) than on television advertising (US $ 98.5 billion). Print advertising is still the largest item at US $ 147 billion. In early 2008, Welt-Online reported that the US pharmaceutical industry spends almost twice as much money on advertising as it does on research. The pharmaceutical advertising expenditure amounted to US $ 57.7 billion (EUR 39.9 billion), the research costs to US $ 31.5 billion (EUR 21.5 billion). In their study, Marc-André Gagnon from the Université du Québec, Montreal, and Joel Lexchin from York University, Toronto, Canada assume that the actual expenditure is even higher because not all items are recorded by the research institutes. This information does not include indirect promotions from other marketing functions, such as B. Discounts, sales promotions or discounts.
In 2013 advertising investments in Germany amounted to 25.03 billion euros; In 2013, 23.1% of the net advertising income from measurable advertising media (no telephone marketing, for example) was accounted for by television, 16.4% by daily newspapers, 14.6% by postal advertising and 10.8% by advertising papers. In Germany, advertising investments made up around 0.9% of the gross national product in 2013.
Statistical parameters of the advertising market are the net advertising income of the media and advertising media, which they themselves report once a year to the industry associations and then published in a summarized manner by the ZAW (see tables), and the gross advertising expenditure of the economy, which is reported by the market research company Nielsen Media Research with a so-called rate card monitoring can be recorded at the product level and primarily serve to monitor competition (recording of the advertising pressure for a product in a region or a medium). Discounts and special conditions for advertising customers cannot be recorded with rate card monitoring. Therefore, the so-called gross-net gap between measured gross expenditure and actual net income opens up .
In 2012, German companies spent around 18.3 billion euros on advertising in the advertising media recorded in the annual statistics of the Central Association of the German Advertising Industry. With around four billion euros, television posted the largest gross income of all media.
The most important locations for the advertising industry in Germany in 2005 were Düsseldorf, Hamburg, Cologne, Frankfurt and Munich. The front runners in terms of the number of local advertising agencies were Hamburg (1,889), followed by Munich (1,824) and Cologne (1,253). The strongest in terms of turnover were Düsseldorf (4.24 billion), Hamburg (2.05 billion), Cologne (1.72 billion), Frankfurt (1.55 billion) and Munich (1.12 billion). In 2005, 6,600 people were employed in the Düsseldorf agencies. According to the Frankfurt Chamber of Commerce and Industry, Frankfurt has been the advertising capital for years with sales of consistently over seven billion euros. In 2002 just under 360,000 people worked in the German advertising industry. The Central Advertising Association ZAW estimates that around 500,000 people in Germany work in the advertising industry (including call centers ), many of them as freelancers on a self-employed basis.
|Advertising by mail||3,256||3,335||3,304||3,398||3,398||3,319||3,347||3,292||3,081||2,984||2,987||2,864||** 2,600|
|Newspaper supplements||* 90||97||86||90||91||90||90||87||82||86||85||81||79||79.3|
Net figures in € million, rounded, after deduction of quantity and mal- discounts and brokerage commissions, before discounts, without production costs.
percentage changes relate to non-rounded values
* Newspaper supplements: From 2001 sales and advertising revenues are offset against each other and only shown as a total result.
** In 2013, the ZAW statistics, from which the data in this table originate, no longer show the net income from advertising by mail. As a substitute, the expenses for partially and unaddressed advertising mailings were taken from the Dialog Marketing Monitor of the Deutsche Post (Deutsche Post was the source for the information on advertising by mail in the ZAW statistics)
Source: Central Association of the German Advertising Industry
|Advertising by mail||15.0||16.6||17.1||17.4||17.1||16.3||16.1||16.2||16.8||15.9||15.8||15.6||14.6|
There are a number of different professions in the advertising industry. Access to the advertising profession is not uniformly regulated. In addition to a wide range of opportunities for career changers, the most popular main training courses are:
Access to the advertising profession is also possible through a corresponding degree. The following universities in Germany offer courses in advertising:
- Stuttgart Media University : Advertising and market communication
- University of Applied Sciences and Arts Hildesheim: Advertising-Design
- Pforzheim University : business administration / marketing communication and advertising
- Berlin University of the Arts : Social and Economic Communication
- University of Applied Sciences for Technology and Business Berlin : Business Communication
At a university, the basics of advertising are scientifically deepened ( advertising psychology , advertising effectiveness research, target group research) and the planning and control of advertising in agencies and companies are taught. This also includes the planning of holistic marketing and communication concepts, the coordination and control of the use of communication instruments as well as creativity techniques and skills in the implementation of, for example, print media , commercials , external media or online media. Degrees are Bachelor of Arts or Bachelor of Science .
An advertising agency is a service company that for businesses and other clients consulting, design, planning, design and implementation of advertising and other communication activities takes over. An advertising agency can offer the following services:
- Analysis and forecast: market research , consumer research , media research
- Development of communication strategies ( strategic planning )
- Conception, design and production of advertising measures
- Analysis and control of the advertising impact
- Scripts of the commercials (the VDW Award , Prize)
A design agency is a service provider who specializes in the development of corporate design (uniform appearance in the long term), corporate branding (brand development) and information design. In detail, this is the definition of design constants - colors, typography , forms and imagery.
Internet agencies are specialized design offices / advertising agencies that take on the conception, design and programming of websites and Internet portals. You either have overall responsibility to implement the online-related part of integrated marketing concepts or only take on partial tasks such as search engine marketing and web controlling . Internet agencies develop online-oriented marketing concepts that go beyond pure website design and an integrated solution is created. To this end, the agency sets up content management systems (CMS editorial systems), newsletter distribution systems, web controlling software and ensures the integration of external databases, product databases, member / customer databases.
Associations and organizations of the advertising industry
Central Association of the German Advertising Industry (ZAW)
In contrast to all other industrialized countries in Germany, all groups belonging to the advertising industry are united in one umbrella organization .
The Central Association of the German Advertising Industry, founded in 1949 . V. (ZAW) are predominantly associations whose members conduct, prepare, implement, design and mediate commercial advertising.
There are currently 41 organizations in the ZAW, divided into four areas:
- advertising economy (14)
- Advertising companies and manufacturers of advertising material (22)
- Advertising Agencies (1)
- Advertising Professions and Market and Social Research (4)
The ZAW represents the advertising industry in its fundamental positions externally and forms the " round table " for the formulation of the common policy and the balance of interests of all those involved in the advertising business. This is done by the ZAW committees.
The interests of the ZAW are primarily represented in the form of expressions of opinion and statements to the legislative and executive branches - from the Bundestag , Bundesrat and federal government to state parliaments and state governments to the municipalities and the institutions of the European Union .
German advertising council
The German Advertising Council, founded in 1972, is the self-disciplinary body of the Central Association of the German Advertising Industry (ZAW) and works as a conflict regulator between complainants from the population and advertising companies. The external reason was a resolution of the Council of Europe of February 18, 1972, in which the member states were called upon to establish self-disciplinary institutions in the advertising industry. Four central criteria form the basis for his decision:
- the general laws,
- the advertising regulations that prohibit unfairness and misleading in advertising,
- the rules of conduct of the German Advertising Council: for advertising with and in front of children on television and radio, for advertising alcoholic beverages,
- the current prevailing view of custom , decency and morality in society.
The advertising advisory service checks incoming complaints and distributes public complaints if necessary. Although the behavioral norms are a self-disciplinary system, which is therefore only of a recommendatory nature, the requirements of the advertising council are used as a yardstick by case law: If an advertising company violates the voluntary code of conduct , the courts assess this as unfair competition and thus as Violation of the legal norms of the UWG .
General Association of Communication Agencies (GWA)
The General Association of Communication Agencies represents the interests of German advertising and communication agencies. The agencies belonging to the GWA represent around 82 percent of the sales volume of the top 200 agencies in Germany; thus the GWA has industry relevance. The GWA also publishes so-called GWA monitors every spring and autumn , industry reports on the economic situation in the advertising industry and on key issues.
The information community for determining the distribution of advertising media (IVW) was founded in 1949 as a sub-organization of the Central Association of the German Advertising Industry (ZAW), which had recently been set up , and was made legally independent in 1955 as a registered non-profit association based in Bonn . As a neutral control body, according to the statutes, the IVW pursues the purpose of procuring and providing comparable and objectively determined documents on the dissemination of advertising media in order to promote the truth and clarity of advertising and thus to ensure real competition. Originally created as a facility for monitoring the circulation of print media , the IVW's area of activity has been expanded over the decades to include other media, namely to poster posting and transport advertising, film theaters, radio media, periodic electronic data carriers and online media , for which special guidelines apply.
The Central Office for Combating Unfair Competition, or Competitive Center for short (WBZ) - the largest and most influential national and cross-border self-regulatory institution to enforce the law against unfair competition. The competition center mainly represents the interests of its members, but also accepts complaints from private individuals. She is mainly active in advising advertising companies and brokering, but also intervenes and sued companies that do not adhere to fair competition.
Other German self-regulatory associations
In addition to these three organizations, there are special self-regulations of individual sectors, for example the cigarette industry or the automotive industry, whose advertising is critically monitored by a group of observers. In addition, there is self-regulation in so-called "health advertising ", where the Integritas association for louder drug advertising is effective: This organization systematically and completely checks advertising texts on television, radio, newspapers and consumer magazines for compliance with the drug advertising law , the UWG and the guidelines of the affiliated associations.
European self-regulatory association
At the European level, the national bodies of self-regulation in advertising have been organized in the European Advertising Self-Control Alliance (EASA = European Advertising Standards Alliance) since 1992 . The non-profit organization based in Brussels was founded in response to the challenge of the then EU Competition Commissioner Sir Leon Brittan , who specifically wanted to know how certain areas of advertising can be better regulated through cooperation than through detailed laws and regulations. The national self- regulatory bodies ( SROs ) of Europe then merged to form EASA. The original central function was the coordination of complaints in cross-border advertising. Since 2001, however, EASA has been expanded to include other organizations from all levels of the advertising industry, so that it is now the common mouthpiece of the advertising industry, the media and agencies in Europe for all questions of self-regulation, its promotion and implementation. It acts as a European coordination point between the self-regulatory systems and bodies of the advertising industry throughout Europe. Today, 28 SROs (24 of them come from 22 European countries, the other four from Turkey, Canada, New Zealand and South Africa) and 13 other organizations from the fields of advertising, agencies and media are organized in EASA. German members are the German Advertising Council and the Center for Combating Unfair Competition (Competitiveness Center).
Legal regulations and restrictions
European advertising regulations
Although freedom of advertising is guaranteed in European law , there is no general European advertising law. The freedom of advertising is based on two pillars:
- the freedom to provide services in Article 49 of the EC Treaty, since advertising as a sales activity is a service within the meaning of Article 50 of the EC Treaty and is thereby protected
- the free movement of goods according to Art. 28 f. EC Treaty, since the aim of advertising is to sell goods.
The case law of the Court of Justice on advertising, on the other hand, is still characterized by a relatively vague delimitation and delimitation of the areas of protection, an occasional only summary examination of interference and a focus on justifying interference. The decisive factor in each case is whether the European Court of Justice (ECJ) only counts advertising as part of the area of economic and occupational freedom or as part of the area of freedom of communication.
On the one hand, advertising is a primary Community law in the EC Treaty. Even the treaties establishing the European Coal and Steel Community (ECSC) do not contain any explicit rules on advertising or advertising bans, but only “a colorful bouquet of Advertising regulations for different goals and directions of action ". On the other hand, advertising is a secondary law (= the law created by the organs of the EC) and is regulated by the EU in the form of directives and regulations, which must be implemented by each member state in national law. The EU directives on advertising are divided into:
- fairness-related: are often referred to as general advertising law, as they are independent of specific products or media; Since there are different rules on unfair competition in each EU country, there is only a minimum level of harmonization with regard to misleading advertising (1984)
- product-specific: ban on public advertising for prescription drugs, tobacco advertising and sponsorship ban, labeling regulations for wine, sparkling wine and spirits, labeling regulations for food in general and baby food in particular due to the prohibition of misleading people; Information requirements for package tours and financial services due to prohibition of misleading
- media-specific: such as B. Directive 89/552 / EEC (TV Directive)
There is no contractually regulated subject area competence in the EU. The legal alignment competence according to Art. 100a of the EC Treaty applies, according to which every EU country should implement the directives or must provide a justification for the deviation from the directive proposed by the EU. The only exception: legal harmonization competence according to Art. 66 EGV. This article represents a special competency basis for legal harmonization in order to eliminate impairments of the freedom to provide services. On this z. B. the television directive.
In general: an advertising company must adhere to the regulations of the country in which it sells its goods. This means that there can be no discrimination against nationals, since all companies are subject to the national legal regulations of the member state in which the business activity takes effect.
Since there is no uniform European advertising law, the content requirements for cross-border advertising in Europe are subtracted from the rules defined in the EC Treaty in the form of guidelines. The most important in this context are the guidelines on:
- Deception (1984), which prohibits advertising that is misleading to the consumer. However, the directive is only suitable to a limited extent with regard to a uniform European law of misleading, since the definition of misleading must be completed by the national legal systems and courts.
- Comparative advertising (1997), which aims to allow comparative advertising to enable consumer information to be improved.
- Distance selling, which in Art. 10 I prohibits unsolicited advertising by fax and which is relevant for cross-border, Europe-wide advertising. The European data protection regulations are an important regulation as the internet enables a closer relationship between producer and consumer, so that the advertiser must have a lot of personal data about the consumer at his disposal in order to develop an advertising strategy that is effectively tailored to the consumer.
- E-commerce , which is also important for advertising. This essentially concerns two aspects, namely that of the transparency and information obligation, Article 6 of the directive, and that of unsolicited advertising (spamming), Article 7 of the directive.
Regulations in Germany
There is no one-size-fits-all, comprehensive set of rules governing how to advertise specific sections of the population and how to advertise certain goods, the scope of advertising and the manner in which it is advertised. Advertising in radio and in tele and media services is mainly regulated in Germany by the Act against Unfair Competition (UWG), the State Broadcasting Treaty and the Telemedia Act. Consumer protection , youth protection and building laws have an indirect regulatory effect . Otherwise there are various voluntary commitments (self-control).
Law against Unfair Competition
→ Main article: Law against Unfair Competition
The Law Against Unfair Competition (UWG) is in Germany, the main legal basis against unfair competition . The law is intended to enable undistorted competition and protect competitors, consumers and other market participants from unfair business conduct. It was comprehensively amended in 2004 and grants injunctive relief, compensation , removal, profit skimming and information claims in the context of commercial transactions ( UWG).
Accordingly, business dealings by entrepreneurs towards consumers are unfair if they do not correspond to the professional care applicable to the entrepreneur and are suitable to noticeably impair the consumer's ability to make a decision based on information and to induce him to make a decision that otherwise he would not have met. For this purpose u. a. enumerated:
- unobjective influence
- Taking advantage of business inexperience or predicament, fearful advertising
- Sales promotion through competitions
- Disguised advertising (so-called surreptitious advertising ) (for example , there is an exception for television programs that are marked with permanent advertising )
- Downgrading the competitor (so-called blackening )
- supplementary performance protection under competition law
- Breaking the law
- misleading advertising
The following are completely forbidden:
- Misleading by false information
- Pyramid schemes
- Betrayal of secrets (including tempting and offering to do so)
- Template abuse
The comparative advertising regulated in Germany , comparative advertising has been permitted since July 14, 2000 based on an EU directive under certain conditions and regulated in UWG. For example, the statements made must also be objectively verifiable and correspond to the truth. In addition, (comparative) advertising must not be misleading ( UWG) and not “disparage” or “disparage” competitors ( No. 7 UWG).UWG is about the comparison of the performance of one or more competitors with one's own offer. The recipient's attention is increased by shifting the primary message with a competitive rating. In
Application by children and young people
Children and young people are interesting for the economy on the one hand because of their purchasing power , on the other hand because of their influence on the purchasing behavior of their parents, which is also referred to in marketing as Pester Power . Children create brand expectations, be they positive, negative or neutral, and they are already used to being addressed as consumers . The long-term gain for the advertiser lies in the child's loyalty, which translates into brand loyalty when they grow up.
The fact that they are easier to influence makes children and young people a particularly popular target group for the advertising industry. In 2001, children's programming represented over 20% of US television viewing . The global market for children's products in 2002 was approximately $ 132 billion. Canadian statistics say the average child sees 350,000 television commercials before they leave high school .
According to the US Committee on Tobacco and Health, key advertising messages capitalize on the emerging independence of young people. Cigarettes, for example, are used as a fashion component and appeal to young women. Other influences on young people include the association of sports heroes with smoking through sports sponsorship , smoking of cigarettes by well-known personalities on television, and cigarette advertising. Research suggests that young people are aware of the most advertised brands of cigarettes.
Children and young people are also the target group for product placements. McChesney gives an example in which the cartoon Foodfight shows thousands of products and characters from well-known brands from the supermarket. Brands and characters from advertising become heroes in children's books, and many of those books have snack meals in leading roles. The advertising industry is under increasing pressure from perceived links between food advertising and a range of social problems, particularly increasing obesity problems.
Manufacturers of toys, sweets , ice cream, breakfast foods and sporting goods direct their advertising primarily to children and young people. But advertising for adult products is also aimed at young consumers at the same time and prefers media as an advertising medium with which the younger ones can be reached.
Critics object to the fact that children and young people represent a target group for advertising at all and that young people are increasingly reduced to the role of consumers. They consider the market for children and young people to be the “pioneers of ad creep ” because that is where resistance to advertising is weakest. “Children are among the most demanding observers of advertising. They can sing promotional songs and identify logos and have a strong emotional bond with products. What they don't understand, however, is how advertising works. Mass media not only sell products, but also ideas of who we should respect and what we should value. "
Legislators assume that children and adolescents are more susceptible to influence and a corresponding need for protection . With regard to the protection of minors in Germany, advertising is restricted by the State Treaty on Youth Media Protection . By adopting the regulation in Directive 89/552 / EEC (TV Directive), it applies to all telemedia offers (teleservices and media services) and all broadcasting that advertising “may not cause physical or mental harm to children and young people ” Not:
- contain direct appeals to children or young people who take advantage of their inexperience and gullibility,
- Immediately request children and young people to persuade their parents or third parties to purchase the advertised goods or services,
- take advantage of the special trust that children or young people have in parents, teachers and other people they trust, or
- Show children or minors in dangerous situations for no legitimate reason.
Advertising for alcoholic beverages must not be directed at children or young people, or address children and young people in particular or depict them while consuming alcohol . The same applies to tobacco advertising in telemedia .
Other program content that appeals to children or young people must be separated from advertising. In the context of a program otherwise aimed at children or young people, no advertising may be distributed, "[...] the content of which is suitable to impair the development of children or young people into independent and socially responsible personality". Advertising which is aimed at children or young people or in which children or young people are used as actors may "[...] not harm the interests of children or young people or take advantage of their inexperience".
According to a study commissioned by the Federal Drug Commissioner Sabine Bätzing (SPD), the self-regulation of the advertising industry in Germany does not work because, for example, the amount and content of alcohol advertising and targeted marketing aimed at influencing young people are not controlled or prevented. In this investigation, numerous complaints about the inadequate self-regulation of the economy were confirmed and the drug commissioner called for a reform of self-regulation in Germany. Another study by the Darmstadt University of Applied Sciences came to the conclusion that out of 945 advertisements, 543 violated the advertising rules of the German Advertising Council or the UWG.
In other countries, legal restrictions on child-targeted advertising continue. In 1980, advertising for children under 13 was banned in the Canadian province of Québec . "Following a lawsuit from a toy company, the court upheld the Quebec Consumer Protection Act's compliance with the Constitution of Canada."
In Sweden a law the radio and TV advertising in 1991 adopted bans, targeted at children under twelve years. Any kind of advertising is prohibited during the children's program. This also applies to Denmark , Austria and Flemish Belgium . In Greece , advertising for children's products is prohibited from 7 a.m. to 10 p.m. and in Norway , advertising for children up to the age of twelve is generally prohibited. In the USA, an advertising ban failed because the corporations invoked the right to freedom of expression. In Spain, too, they consider a ban on advertising to be undemocratic.
The usefulness of this restriction is controversial. According to the above-mentioned study on behalf of the Federal Drug Commissioner, alcohol advertising “makes a significant contribution to the fact that young people start drinking early ... According to this, young people drink the earlier and the more the more alcohol advertising they have seen. According to the study, the self-regulation of the advertising industry does not work. The amount and content of alcohol advertising would not be controlled ... "
In July 2009, the Conference of Health Ministers of the Federal States (GMK) unanimously passed a motion according to which the manufacturers of alcoholic beverages should voluntarily refrain from image advertising. The requirement is that only product advertising should be carried out. The German Advertising Council should also work towards supplementing its rules regarding alcohol advertising.
Building law, statutes and monument protection
Advertising systems are subject to building law because they represent perceptible structures that influence the shape of the public space. Every visually perceptible place can be used as an advertising medium. All forms of settlement, but also areas that nature presents, can be used as media for advertising purposes. In most cities, advertising posters and systems are determining, if not the determining factors of the cityscape. The number and, above all, the size of the advertising spaces continue to increase. "Advertising in public spaces can no longer be avoided." Traditional posters and shelters have given way to more conspicuous methods, e. B. wrapped vehicles, entire building sides, electronic posters, kiosks, taxis, posters, buses and the like. a. Digital technology serves as "urban display boards" on building walls. Hanno Rauterberg speaks of littering and a dictatorship that cannot be escaped.
The highest pressure exists on public spaces that are particularly well known and frequented and exploited by advertising. Advertising thus also plays a major role in the image and identity of a city (e.g. Piccadilly Circus, Times Square). “It is precisely in this capacity that the rooms are being privatized. They will be peppered with display boards and systems for eye-catching, they will be transformed into media for advertising. "
In particular, building lawyers, architects and urban planners speak of an impairment of the cityscape, if not of the disfigurement of the cities through advertising, whereby historical structures are rarely taken into account. In German building and planning law, the legislature addresses this issue. As public goods, urban and natural spaces are the subject of “aesthetic environmental protection” in planning law , monument protection , landscape protection and nature protection ; As a structural system (stationary facility), advertising systems are the subject of building permits , are subject to building regulations and state building regulations ; the establishment, modification is generally subject to approval, in certain cases also the mere replacement of the advertising material. The case law defines fixed systems as advertising systems,
- which are made of building materials,
- which are attached to a structure,
- which are not only temporarily connected to this system and
- whose constituent parts as a whole are viewed as one thing according to the general public.
This also includes booms, flags, banners and advertising aprons that are attached to a building and, for example, an advertising sign with a company name. Vehicles with advertising slogans that are (permanently) parked on the roadside for advertising purposes over a long period of time are also considered advertising systems.
The subject of the urban planning law considerations are only advertising systems that are visible from the public traffic area, in which case the traffic area includes all areas that are accessible to the general public. Reasons for rejecting an approval may include: a. be:
- Defacing the structure, the street, town or landscape
- Endangering the safety and fluency of traffic (obstruction or distraction)
- Too much compression of advertising systems ( annoying accumulation from approx. three advertising systems)
- Impairment of the residential purposes of the building (e.g. by the light)
The state building regulations exclude some less significant advertising projects from the need for approval, as they are regularly associated with less serious urban development effects, e.g. B. § 65 Paragraph 1 No. 33 ff. BauO-NRW or No. 55 ff .; Appendix to Building Code ( BauGB) if they are relevant land law. Accordingly, they must be suitable to arouse the need for a statute that regulates their admissibility. This relevance is regularly given when the townscape has a considerable urban development impact.(1) No. 9 LBO-BW. In building planning law , advertising systems are structural systems within the meaning of the
In advertising statutes , design statutes or development plans , advertising can be restricted or completely excluded in certain areas based on the state building regulations and design regulations can be issued for advertising systems. These possibilities are particularly important for historic old towns.
When approving advertising systems, monument protection is based on purely visual and design standards. The system must, for example, match a building in terms of design and must not cover any components; Lighting can mostly only be indirect and subtle.
In planning law, according to the state building regulations, certain urban areas as well as the outside area are regarded as particularly worthy of protection with regard to the advertising systems. In small settlement areas, pure and general residential areas, advertising is only permitted at the location of the service (in pure residential areas only as a sign) (e.g. (4) LBO-BW). In the outdoor area, advertising generally falls under the general prohibition of erecting structures and is usually only permitted at the place of performance. As for all structures, the stipulation also applies to advertising that it must not disfigure the street, town or landscape or impair the intended design (e.g. (1) LBO-BW).
The Brazilian metropolis of São Paulo took a radical step against advertising in public spaces in 2010 with a general ban on billboards and posters.
Regulations in Switzerland
The Federal Act against Unfair Competition (UWG) contains basic provisions on permitted and prohibited advertising and sales methods in Switzerland. Art. 3, which defines “unfair advertising and sales methods and other unlawful behavior”, is central.
In Switzerland, there is a ban on advertising on radio and television for tobacco products, high-proof alcoholic beverages, political topics (parties, politicians, voting documents) and religious topics (creeds, institutions, people). There are also restrictions on the advertising of medicines and medical treatments. The Federal Act on Radio and Television (RTVG) also contains regulations regarding the recognizability of advertising (Art. 9), insertion and duration of advertising (Art. 11), sponsoring (Art. 12) and the protection of minors (Art. 13) .
For out-of-home advertising, there are provisions at federal level in particular in connection with road traffic. The Road Traffic Act (SVG) Art. 6 allows advertising (referred to as “advertising” in the law) in the road environment only if it does not impair road safety; the details are regulated in the Signaling Ordinance (SSV) Art. 95 to Art. 100. In addition, the Ordinance on the Technical Requirements for Road Vehicles (VTS) Art. 70 contains provisions relating to advertising on vehicles. In the area of national highways, advertising is generally prohibited according to the federal law on national highways (NSG) .
Product specific regulations
Special advertising regulations apply to certain products and services in Switzerland. The Ordinance on the Advertising of Medicines (AWV) regulates advertising among specialists (doctors, pharmacists, chemists; Art. 3 - Art. 13) and among the public (Art. 14 - Art. 22). There are advertising provisions for games of chance in the Casino Act (SBG) Art. 33.
A general advertising ban on radio and television applies to tobacco products (see above) as well as restrictions in the interests of youth protection (see below). With the new Tobacco Products Act , the Federal Council wants to regulate advertising and sponsorship for cigarettes and other tobacco products more strictly in the future; however, both the Council of States and the National Council rejected the draft law.
When advertising for alcoholic beverages, the alcohol content is decisive: While advertising for beer and wine has restrictions only in the area of youth protection (see below), advertising for high-proof beverages is strictly regulated. For example, liquor may not be advertised on radio and television, on or in public buildings and means of transport or in the area of sports fields and sporting events. In addition, promotional measures such as price comparisons, free gifts and discounts as well as competitions are prohibited. In addition, advertising for high-proof beverages may only show the product itself (e.g. no people or landscapes).
Target group-specific provisions
The Food and Utility Articles Ordinance (LGV) prohibits in Art. 11 advertising for alcoholic beverages, which is specifically aimed at young people under 18 years. This includes u. a. Alcohol advertising in places and events that are mainly attended by young people and in publications mainly aimed at young people. An analogous advertising ban also applies to tobacco products; this is laid down in Art. 18 of the Ordinance on Tobacco Products and Smokers' Products with Tobacco Substitutes (TabV) .
Taxation of advertising
Public interest groups propose that “advertising-used access to mental space should be taxed, since this space is currently used for free by advertising, with no compensation for the members of society who are consequently disturbed. Such a tax would have the function of an incentive tax by reducing what is increasingly seen as public nuisance. Efforts in this direction are picking up speed. The US states of Arkansas and Maine are considering introducing appropriate bills. Florida introduced such a tax back in 1987, but had to withdraw it after six months under pressure from national economic interests. The cancellation of conventions resulted in significant losses in the tourism industry and canceled advertisements resulted in a loss of $ 12 million on broadcasting alone ”.
In the United States, for example, advertising is tax deductible and proposals to limit deductibility meet with vehement business opposition, not to mention proposals for a special tax. In other countries advertising is taxed at least like a service and in some there is even a special advertising tax, albeit at a very low level. In many cases, taxation relates specifically to advertising media, e.g. B. in Austria, Italy, Greece, the Netherlands, Turkey or Estonia. European countries with advertising tax or similar taxes are:
- Belgium: Advertising or poster tax (taxe d'affichage or aanplakkingstaks) on billboards in public, depending on the size and type of paper of the posters, as well as on neon advertising;
- France: television advertising tax (taxe sur la publicité télévisée) in the form of fixed amounts depending on the price per unit of advertising;
- Italy: Municipal tax on acoustic or visual advertising in the municipality (imposta comunale sulla pubblicità) and municipal tax on signs, posters, signs and other forms of advertising (diritti sulle pubbliche affissioni), the tariffs of which are set by the municipalities;
- Netherlands: advertising taxes (reclamebelastingen) with different tariffs on certain advertising measures (excluding advertisements in newspapers and magazines) which may be levied by the municipalities depending on the type of advertising measures (posters, illuminated signs, etc.);
- Austria: Announcement levies of the municipalities on announcements in writing, pictures or lighting effects in public places or in publicly accessible rooms with different rates depending on the remuneration, the area or the duration of the advertising measures, as well as advertising levies on the paid inclusion of advertisements in printed matter by im Generally ten percent of the salary;
- Sweden: advertising tax (“reklamskatt”) on advertisements and other advertising (posters, film, television, advertising at trade fairs and exhibitions, printed matter) of 4% for advertisements in daily newspapers and 11% in all other cases; In the case of printed advertising material, the production costs are the assessment basis, otherwise they are based on the fee;
- Spain: The municipalities can charge advertising measures in their area with relatively insignificant taxes and fees of various kinds.
The US author and globalization critic David Korten advertises in his book "When Corporations Rule the World" for a 50 percent tax on advertising. With this he wants to counter the attack of the “active propaganda machine which is controlled by the largest corporations in the world” and which “constantly appeases us that consumption is the path to joy of life, public restrictions on market access are the cause of our suffering and economic Globalization is a historical inevitability as well as a blessing for humanity. "
Advertising and science
Advertising is the subject of scientific considerations; Research is being carried out for the advertising industry and it makes use of the findings of other sciences. In connection with an advertising campaign, the advertiser tries to use market research to know and describe the target group as precisely as possible in order to be able to plan and implement the campaign precisely and to advertise as efficiently as possible. A whole spectrum of sciences is either directly concerned with advertising and marketing or is used to explore and improve the effects of advertising. Target groups, psychologists and cultural anthropologists became parts of market research. At universities, with the support of business and the collaboration of various disciplines, mainly psychology , anthropology , sociology , neurology and other behavioral sciences , research is constantly being conducted into more refined, more sophisticated and more subtle methods of suggestion .
Different sciences deal, sometimes critically, with advertising or are used for advertising purposes:
- Psychology : The modern advertising is based on psychological theories now much how subjects creates, bringing the science of psychology became a base of advertising and marketing ( sales psychology , advertising psychology , market psychology ). In advertising, the focus shifted from the presentation of factual information to the presentation of symbolic associations of goods with the aim of so-called activation , since the material properties and benefits of a product sold are no longer considered sufficient. Critics criticize that through this activation even the “most banal goods of daily needs are filled with symbolic qualities and cultural meanings through the magic system of advertising .” In this way and by changing the context in advertising, almost any meaning is assigned to objects and the same things are given different intended meanings for different individuals and groups, ultimately offering mass-produced ideas of individuality.
The most important element of advertising is therefore usually not information, which is increasingly being pushed into the background or even completely omitted, but suggestion. This bypasses the conscious level of perception as far as possible and speaks directly to the unconscious. Hans-Georg Häusel, CEO of PoS Consulting Nymphenburg and a PhD in psychology, starts from the knowledge of brain research that people make far more than 70% of their decisions not rationally, but - based on emotions - unconsciously.
Therefore, advertising makes use of what is more or less slumbering in people's unconscious :
- Associations and drives ( sex drive , herd instinct ),
- Desires (happiness, health, fitness, appearance, self-esteem , reputation ( image , reputation , prestige ), belonging, social rank, establishing identity , adventure, distraction, reward ),
- Fears (illness, disgust, weaknesses, loneliness, lack, security),
- Compassion, social awareness, or prejudice
- traditional opinions
- natural feeling of protection towards children and
"All human needs, relationships and fears - the deepest abysses of the human psyche - become pure means for the expansion of the universe of goods under the pressure of modern marketing."
Advertising uses u. a. the role model function of personalities or sympathizers and makes targeted use of humor and associations with colors, tones, certain names and terms. In summary, these are factors of self-esteem.
“The ideal way of things and signs into subjective experience is the promise that their consumption makes the person irresistible. It goes without saying that in a society in which income comes to the fore, consumption is drawn to self-esteem. ”Consumption thus becomes“ working on the attractiveness of the person ”, what advertising does from the subjective side unimagined wide fields of activity opened up. Advertising becomes life advice on attractiveness. "The cult of personal attractiveness is what the social psychologist Christopher Lasch describes as the culture of narcissism."
Since consumer behavior primarily at the interface between industrial economy and consumption, so in retail , advertising psychology can be influenced and measurable, deals with mainly from the traditional Study of commerce adult discipline of trading psychology .
Advertising and marketing have long used psychological insights and research methods to sell products. For critics, however, these practices have reached epidemic proportions, and "under the complicity of the psychological guild ... The result is an incessant advertising and marketing bombardment that is arguably the largest single psychological project ever undertaken." McChesney describes the advertisement as "The greatest concerted attempt at psychological manipulation in all of human history". Due to the high-grade psychological aspect, the architecture theorist Georg Franck speaks of a mental capitalism in connection with advertising . With “mental” he takes up a term that is mainly used by groups like Adbusters , who are also committed to protecting the mental environment . Franck combines the “economy of attention” with Christopher Lasch's culturally pessimistic “culture of narcissism”.
- Neurology and brain research : Neurology and brain research, which are used to research and improve the effectiveness of advertising and which enjoy the growing interest of the advertising industry, are closely linked to psychology. B. the participation of a whole series of brain researchers at the twelfth World Marketing Congress 2005 in Münster. In the period that followed, neurologists from the universities of Bonn, Munich, Ulm and Magdeburg worked together with economists, supported by large companies such as DaimlerChrysler, Deutsche Post or the largest German advertising agency, BBDO Germany, and other international research groups, especially in the USA.
Brain research provides approaches on how to design advertising in order to achieve the highest possible level of attention (see below) and influence. It thus deals with consumer behavior - how, why and when a potential customer can be reached. A controversial new marketing area and product of advertising research is neuromarketing . In 2007 Haufe-Verlag published a book “Neuromarketing - Findings from Brain Research for Brand Management, Advertising and Sales”, including a chapter entitled “Neuromarketing at the Point of Sale (POS): With neurons to the millions”.
Neuromarketing uses medical technologies like functional magnetic resonance imaging (fMRI) not to heal but to sell (as the American media critic, Professor Robert W. McChesney critically notes). Functional imaging processes identify the areas of the brain that are involved in memory that is facilitated by emotions (including the hippocampus for positive emotions and the tonsil nucleus for negative emotions ).
The psychology of learning empirically confirmed is that a theme (a product name ) more into the memory imprints when in an emotional (know) causing context is learned. Such emotional excitements can e.g. B. caused by sexual innuendo or by fear , disgust or anger .
- The sociology sees advertising as socialization and is particularly important for the field of social influences on consumer behavior, so how family, friends, opinion leaders and the rest of the social environment influence the buying behavior of individuals. Furthermore, advertising is also a special social sanction , which is answered by other social sanctions (positive: product purchase, negative: ridicule , defensive measures) ( see Clausen 1964). See. Also the brand sociology and the Class model after angel, Blackwell and Kollat .
Sociological findings help to adjust advertising to very specific population groups and moods.
- The Business Administration attaches importance above all to the difficulties of the advertising cost accounting and advertising control . It differentiates “advertising” from the “advertising effect”, for example in product design and sales strategies in general ( Erich Gutenberg ). Here is also the Marketing Science classify - it is responsible for the optimization of the sale. The retail marketing deals with the numerous Arteigenheiten trade advertising, especially advertising the stationary retail trade (eg. As addressing all the senses, personal sales approach, the shortest-term promotions and reactions, advertising with mandatory pricing, specific promotional material, minimizing wastage, economic Werbeerfolgskontrolle , Interaction, business image advertising, horizontal and / or vertical advertising cooperation).
From a business point of view, advertising is an instrument in communication policy , a part of the marketing mix . Here it stands alongside sponsoring and sales promotion (promotion), public relations (also known as PR for public relations), event marketing , trade fairs and exhibitions, personal communication and direct marketing . In addition to the diverse interactions with the functions of the marketing mix itself, the link to credibly addressing investors and donors about corporate financing ( financial communication ), dealing with one's own employees ( internal marketing ) or with suppliers ( procurement marketing ) should be mentioned here . This complexity particularly characterizes the advertising of (domestic) wholesalers and retailers. Your advertising also often includes competitors (e.g. cooperative advertising in association groups, community advertising , neighborhood advertising ).
- The Political Science deals mainly with the background and forms of propaganda and agitation . In his essay, Advertising at the Edge of the Apocalypse, Sut Jhally , professor of communications at Massachusetts Amherst University, describes 20th century advertising as the “most powerful and sustained propaganda system in history of humanity ”…“ its cumulative cultural effects, if not quickly tamed, will be responsible for the destruction of the world as we know it ”.
- The Economics regarded advertising as an economic sector.
- The communication science is controversial in its position relative to the advertising and sees himself more as persuasion or primarily as an advertising research. It is essential for the embedding of advertising in the editorial section of a mass medium (see also PR = PR = PR).
Criticism of advertising
- Unwanted advertising
- Multiplier (advertising)
- Image perception of an advertisement
- Eat-Popcorn-Drink-Cola Study
- Robinson list
- Ad blocker
- Advertising effectiveness measurement
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