Directrices de la Cámara de comercio internacional sobre la utilización de medios electrónicos en marketing y publicidad

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    Las presentes directrices, del año 2004, son especialmente relevantes en materia de publicidad, pero no han tenido la suficiente relevancia. Por ambos motivos, se ha considerado importante su publicación.
Introduction

This edition of the ICC Guidelines on Marketing and Advertising using electronic media follows the well-established ICC policy of promoting high standards of ethics in marketing via self-regulatory codes and guidelines intended to complement the existing framework of national and international law. These Guidelines, which were first issued in 1996, and revised in 1998, are an expression of the business community's recognition of its social responsibilities in respect of marketing activities and communications. The Guidelines have been updated in light of experience acquired, and ICC, conscious of the ongoing development, commits itself to regularly review them to ensure their continued viability.

ICC is the world's foremost developer of self-regulatory codes for marketing and advertising practices. ICC believes that marketing and advertising using electronic media should reflect the highest standards of ethical conduct as laid down in the ICC International Code of Advertising Practice and other relevant ICC Codes, thereby leading to efficient international markets and significant benefits for both consumers and companies, as well as for society as a whole.

The Guidelines are designed primarily as an instrument for self- discipline, but they are also intended for use by the courts as a reference document within the framework of applicable laws.

The new communications technologies are of great public interest, and their global nature has to be fully taken into account as businesses and governments discuss the best ways of introducing these technologies and of sharing with consumers the benefits they offer. In the current communications environment, traditional notions of time and place linked to media consumption are gradually disappearing. The type of media and the means of transmission, may become obsolete criteria when it comes to regulating the different forms of marketing and advertising messages.

Electronic media must be able to develop fully within a broadbased framework of trust and stability, in the interests of both the users and of the various parties operating within this environment. It is in the interest of business to be able to use legitimate commercial e-mail and be associated with ethical e-mail marketing using industry codes of conduct such as these guidelines.

Given fast moving technological and economic developments, business and consumers alike benefit from a normative framework that is sufficiently flexible and dynamic. Therefore, such a framework should be largely based on a coherent self-regulatory approach where all parties in marketing and advertising share responsibility, commensurate with their role in the communication.

With the above in mind, ICC recommends the world-wide use of the guidelines below, which intend to fulfil the following objectives:

· to enhance overall confidence of the public at larg e in marketing and advertising using the electronic media;

· to ensure an adequate level of privacy to maintain consumers' trust in the electronic media;

· to honour consumer preferences;

· to safeguard freedom of expression for advertisers and other marketers, hereafter advertisers/marketers;

· to provide practical and flexible solutions; and

· to minimize the need for governmental and/or inter-governmental legislation or regulations;

Scope of the Guidelines

These Guidelines apply to all marketing and advertising using electronic...

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