Social responsibility

Marketing communication should not appear to condone or incite violent, unlawful or anti-social behavior.

Marketing communication should not contain any statement, or audio or visual treatment which, directly or by implication, omission, ambiguity or exaggeration, is likely to mislead the consumer, in particular, but not exclusively, with regard to:

Food products, cosmetics, personal care products should not be presented as a remedy or a medication, as they do not possess any healing power. These products can be presented as a general 'supplementary aid' to human health, instead of being a solution to a specific health problem.

Products which contain chemicals or products produced as a result of a chemical process, cannot claim to be "pure and natural". In order to be able to have such a claim, the product needs to be produced only from natural ingredients.

Use of "free" and "guarantee"

Substantiation

The tangible claims in the advertising/marketing communication message could be verifiable with the help of academic articles, academic reports or performance test reports. These reports should not be outdated. The report is considered valid irrespective of its date, if the claims are not nullified through new prevailing conditions (unless tested products are produced with a new formula, have a new technology applied, or have a new competitive product marketed and the like).

If the product needs to be tested, samples should be collected by the testing body from the market place or should be gathered from the market place and sealed by the Notary Public. If none of these methods are not applicable, the sample products will be purchased by the Advertising Self-Regulatory Board (RÖK), from the market and delivered to the testing body.

The following list itemizes acceptable substantiations, from the lowest to the highest proof value;

The imported goods, acquire the necessary permission to produce or import from the related Ministry and have the required explanation on their packaging in line with this permission. If they use the same explanation in their communication, as on their packaging, then there is no further substantiation is needed.

Claim of Excellence

In comparative advertising/communication:

While making the comparison, certain elements (such as the packaging form, the corporate color and the like) which identify with the competitive brand cannot be used. If two products are shown in the advertising/communication, then the comparison should be made with a distorted image of the competitive product. This distortion should be to the extent that its form and the brand name will not be recognizable and that the brand should not be distinguishable in any other way.

While making the comparison, the competitive products could be generalized as "ordinary products". Furthermore, similar cases/situations should be base of the comparison.

Portrayal or imitation of persons and references to personal property

Exploitation of goodwill

Imitation

Where a marketer has established a distinctive marketing communication campaign in one or more countries, other marketers should not imitate that campaign in other countries where the marketer who originated the campaign may operate, thereby preventing the extension of the campaign to those countries within a reasonable period of time.

If there is no confusion or doubt created in the consumer perception due to the fact that the advertised products belong to two different categories or that their media schedules do not overlap; then, this could not be categorized as an imitation.

If the same marketing technique is used in two different products'/services' advertising/communication, then, this could not be considered as an imitation.

If idioms/words used in the colloquial language, have not been used as a specific brand's slogan; then they cannot be considered within that brand's creative domain.

Special care should be taken in marketing communication directed to or featuring children or young people. Such communications should not undermine positive social behavior, lifestyles and attitudes.

Products unsuitable for children or young people should not be advertised in media targeted to them, and advertisements directed to children or young people should not be inserted in media where the editorial matter is unsuitable for them. Material unsuitable for children should be clearly identified as such.

For rules on data protection relating specifically to children's personal information see Article 19.

Inexperience and credulity
Marketing communication should not exploit inexperience or credulity, with particular regard to the following areas:

1. When demonstrating a product's performance and use, marketing communication should not
a. minimize the degree of skill or understate the age level generally required to assemble or operate products;
b. exaggerate the true size, value, nature, durability and performance of the product;
c. fail to disclose information about the need for additional purchases, such as accessories, or individual items in a collection or series, required to produce the result shown or described.

2. While the use of fantasy is appropriate for younger as well as older children, it should not make it difficult for them to distinguish between reality and fantasy.

3. Marketing communication directed to children should be clearly distinguishable to them as such.

Avoidance of harm
Marketing communication should not contain any statement or visual treatment that could have the effect of harming children or young people mentally, morally or physically. Children and young people should not be portrayed in unsafe situations or engaging in actions harmful to themselves or others, or be encouraged to engage in potentially hazardous activities or behavior.

Social values
Marketing communication should not suggest that possession or use of the promoted product will give a child or young person physical, psychological or social advantages over other children or young people, or that not possessing the product will have the opposite effect.

Marketing communication should not undermine the authority, responsibility, judgment or tastes of parents, having regard to relevant social and cultural values.

Marketing communication should not include any direct appeal to children and young people to persuade their parents or other adults to buy products for them.

Prices should not be presented in such a way as to lead children and young people to an unrealistic perception of the cost or value of the product, for example by minimizing them. Marketing communication should not imply that the product being promoted is immediately within the reach of every family budget.

Marketing communication which invite children and young people to contact the marketer should encourage them to obtain the permission of a parent or other appropriate adult if any cost, including that of a communication, is involved.

Collection of data
When personal information is collected from consumers, it is essential to ensure that the individuals concerned are aware of the purpose of the collection and of any intention to transfer the data to a third party for that third party's marketing purposes. When it is not possible to inform the individual at the time of collection, this should be done as soon as possible thereafter.

Use of data
Personal data collected in accordance with this Code should be

o collected for specified and legitimate purposes and not used in any manner incompatible with those purposes; o adequate, relevant and not excessive in relation to the purpose for which they are collected and/or further processed; o accurate and kept up to date; o preserved for no longer than is required for the purpose for which the data were collected or further processed.

Security of processing
Adequate security measures should be in place, having regard to the sensitivity of the information, in order to prevent unauthorized access to, or disclosure of, the personal data.

If the information is transferred to third parties, it should be established that they employ at least an equivalent level of security measures.

Children's personal information
When personal information is collected from children, guidance should be provided to parents about protecting children's privacy.

Children should be encouraged to obtain a parent's or other appropriate adult's permission before providing information via electronic media, and reasonable steps should be taken to check that such permission has been given.

Only as much personal information should be collected as is necessary to enable the child to engage in the featured activity.

Data collected from children should not be used to address marketing communication to the children's parents or other family members without the consent of the parent.

Additional rules specific to marketing communication to children using the electronic media and the telephone can be found in Chapter D, Article D7.

Privacy policy
Those who collect data in connection with marketing communication activity should have a privacy policy, the terms of which should be readily available to consumers, and should provide a clear statement if any collection or processing of data is taking place, whether it is self-evident or not.

In jurisdictions where no privacy legislation currently exists, it is recommended that privacy principles such as those of the ICC Privacy Toolkit 5 are adopted and implemented.

Rights of the consumer
Appropriate measures should be taken to ensure that consumers understand and exercise their rights

o to opt out of marketing lists (including the right to sign on to general preference services); o to require that their data are not made available to third parties for their marketing purposes; and o to rectify incorrect data which are held about them. Where a consumer has expressed a wish not to receive marketing communication using a specific medium, whether via a preference service or by other means, this wish should be respected. Additional rules specific to the use of the electronic media and consumer rights are to be found in Chapter D.

Cross-border transactions
Particular care should be taken to maintain the data protection rights of the consumer when personal data are transferred from the country in which they are collected to another country.

Marketing communication which solicits a response constituting an order for which payment will be required (e.g. an entry in a publication) should make this unambiguously clear.

Marketing communication soliciting orders should not be presented in a form which might be mistaken for an invoice, or otherwise falsely suggest that payment is due.

Responsibility

Responsibility for the observance of the rules of conduct laid down in the Code rests with the marketer whose products are the subject of the marketing communication, with the communications practitioner or agency, and with the publisher, media owner or contractor.

Marketers have overall responsibility for the marketing communication for their products.

Agencies or other practitioners should exercise due care and diligence in the preparation of marketing communication and should operate in such a way as to enable marketers to fulfill their responsibilities.

Publishers, media owners or contractors, who publish, transmit or distribute marketing communication, should exercise due care in the acceptance of them and their presentation to the public.

Individuals employed by a firm, company or institution falling into any of the above categories and who take part in the planning, creation, publication or transmission of a marketing communication are responsible, to an extent commensurate with their respective positions, for ensuring that the rules of the Code are observed and should act accordingly.

Implementation

Marketers, communications practitioners or advertising agencies, publishers, media-owners and contractors should be familiar with the Code and with other relevant local self-regulatory guidelines on advertising and other marketing communication, and should familiarize themselves with decisions taken by the appropriate self-regulatory body.

Only the Advertising Self-Regulatory Board (RÖK), could decide whether or not the amendments made to the controversial advertisement/marketing communication, has met the requirements set previously by the Board.

All parties are encouraged to include in their contracts and other agreements pertaining to advertising and other marketing communication, a statement committing the signatories to adhere to the applicable self-regulatory rules and to respect decisions and rulings made by the appropriate self-regulatory body.