DOCSLIB.ORG

Research Report

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

ASB Research Report Research ASB Research Report www.adstandards.com.au Discrimination and Vilification in Advertising Discrimination and Vilification in Advertising in Vilification and Discrimination Level 2, 97 Northbourne Avenue, Turner ACT 2612 Produced for the Advertising Standards Bureau by Ph: (02) 6262 9822 | Fax: (02) 6262 9833 Dr Fiona Giles, Sydney University Jenni Whelan, Discrimination and Rights Education (DARE) March 2009 March 2009 March CRE8IVE 0609-8736 CRE8IVE Research Report Discrimination and Vilification in Advertising Produced for the Advertising Standards Bureau by Dr Fiona Giles, Sydney University Jenni Whelan, Discrimination and Rights Education (DARE) March 2009 DISCRIMINATION AND VILIFICATION IN AdverTISING ii Copyright © 2009 Advertising Standards Bureau. All rights reserved. Printed in Australia Published by the Advertising Standards Bureau, Level 2, 97 Northbourne Avenue, Turner, ACT, 2617 Advertising Standards Bureau CONTENTS CEO introduction 1 Part One Key principles regarding the application of relevant provisions of the Code to the work of the Board 4 Guidelines for use by Advertising Standards Board when determining cases involving discrimination and vilification issues 4 Part Two List of twenty advertisements considered in this paper 8 AANA Code of Ethics 9 Part Three Legal implications of advertising in relation to discrimination and vilification 1. Introduction 12 1. Rationale for the development of this research report 12 2. Overview of the legal concepts of discrimination and vilification in applicable Commonwealth, State and Territory legislation which are relevant to the duties of the Board 12 iii 1. Preliminary comments regarding the interplay between the legal concepts of discrimination and vilification in applicableC ommonwealth, State and Territory legislation and relevant to the duties of the Board 12 2. Summary of the legal concepts of discrimination and vilification which are relevant to the duties of the Board for the purposes of Section 2.1 of the Code 18 3. Analysis of twenty advertisements provided by the Advertising Standards Bureau in accordance with key principles that the Board should consider when reviewing advertisements 19 1. Preliminary comments regarding the Board’s duties when considering complaints relating to discrimination and vilification 19 4. Guidelines that draw together key principles regarding the application of the relevant provisions in racial discrimination and vilification legislation to the work of the Board 20 5. Annexure A: Board decision template 21 6. Endnotes 22 Research Report DISCRIMINATION AND VILIFICATION IN AdverTISING Socio-ethical implications of advertising in relation to discrimination and vilification 1. Introduction 25 1. Objectives of report 25 2. Structure of report 25 3. Scope of report 26 4. Approaches to media ethics 27 5. Audience reception theories 28 2. Conclusion 30 1. Summary of analysis of advertisements 30 2. Challenges 31 3. Checklist for socio-ethical advertising content 31 4. Combining the approaches 34 3. Appendix 34 1. The ethical risks of stereotyping 34 2. Modifying stereotypes 36 4. Bibliography 37 Part Four Analysis of twenty advertisements from a: iv — legal perspective 41 — socio-ethical perspective 88 Part Five Peer review 118 Advertising Standards Bureau CEO introduction Following a request from Advertising Standards Board The paper includes: members, the Advertising Standards Bureau commissioned • Key principles regarding the application of the relevant research into discrimination and vilification in advertising. provisions of the Code to the work of the Board; and • Guidelines for use by Advertising Standards Board Two consultants were engaged to provide complimentary when determining cases involving discrimination papers from a legal and a socio/ethical perspective. and vilification issues. 1 The papers each provide: The researchers also conducted a short peer review which • A plain English overview of the legal or socio/ethical is included in the package. concepts of discrimination and vilification; • An analysis and discussion of twenty advertisements This is the first of whatI envisage as a suite of research in terms of discrimination and vilification issues; and papers designed to provide information and guidance to • A guideline based conclusion that draws together the Board. In addition, I hope that the information included major points in the paper, and includes “tips and traps” here is interesting and useful to academics and others. for the Board when making determinations involving discrimination and vilification issues. Fiona Jolly Chief Executive Officer We hope this document will be helpful to advertisers March 2009 in designing campaigns. This research package also distils information from both papers to provide a brief reference document for Board members when making determinations involving discrimination and vilification matters. Research Report DISCRIMINATION AND VILIFICATION IN AdverTISING 2 Advertising Standards Bureau Discrimination and Vilification in Advertising Part 1 DISCRIMINATION AND VILIFICATION IN AdverTISING Key principles regarding the application of relevant provisions of the code to the work of the board 1. Since decision-making by the Board clearly affects the Guidelines for use by advertising standards rights and interests of advertisers whose advertisements have been the subject of complaint, decisions relating board when determining cases involving to whether an advertisement breaches the Code must discrimination and vilification issues be made in accordance with rules of natural justice. 2. The members of the Board must be unbiased and must S 2.1 AANA Code of Ethics: 4 not have a personal interest in the matter to be decided, ‘Advertising or Marketing Communications shall nor appear as if they bring a prejudice of mind to the not portray people or depict material in a way which decision-making. discriminates against or vilifies a person or section of the community on account of race, ethnicity, nationality, sex, 3. Each decision-maker is obliged to exercise their own age, sexual preference, religion, disability or political belief.’ discretion and judgement in relation to every complaint considered by the Board. The overarching question for the Board will always be 4. Each decision of the Board must be reasonable and must “does the Board consider that community standards would be based on the evidence provided. be breached?” Nevertheless, it is helpful to apply questions 5. The Board must give all relevant facts or issues which that provide a consistent framework for considering the are relevant to the making of the decision full and proper advertisements that come before the Board. consideration and ignore any irrelevant considerations. Section 2.1 contains four elements that must be established 6. The relevant considerations that the Board must if a complaint is to be upheld. consider are contained in Section 2 of the Code and it is the duty of the Board to apply the Code to the 1. The portrayal of people or depiction of material advertisement and to consider each relevant ground of complaint in turn. 2. In a way which discriminates or vilifies 7. The Board should adhere to a consistent decision- 3. A person or section of the community making procedure when assessing and considering 4. On account of: whether to uphold or dismiss each and every complaint under Section 2 of the Code. The Board should agree a) race, ethnicity, nationality; on and accurately record reasons for determinations so b) sex; that the reasons for each and every decision of the Board c) age; have a logical basis that can be identified and sustained. d) sexual preference; Accordingly, each Board member should be applying e) religion; mutually agreed definitions of the terms of theC ode f) disability; or in each of its determinations. g) political belief Advertising Standards Bureau ParT 1 The current wording of theC ode does not allow the Board Nationality to uphold a complaint on ethical grounds alone. Rather, The status of belonging to a particular nation by origin, it is required to apply the legal standards as a base-line for birth, or naturalisation. considering complaints of discrimination or vilification and then to have regard to additional socio-ethical Sex considerations. The latter is likely to be of greatest importance The status of being a male, female, intersex, trans-sexual in borderline cases. or transgender and of having characteristics attributed to an individual or group because they are male, female, 1. Legal considerations intersex, trans-sexual or transgender. (a) Discriminates and vilifies Age With regard to determinations against element 2 above, The number of years that someone is or characteristics the following summarises the legal concepts of discrimination generally pertaining to a stage or phase in someone’s life, and vilification which are relevant to the duties of the Board or characteristics generally imputed to people of that stage for the purposes of Section 2.1 of the Code. or phase. Discriminates Sexual preference Acts with inequity, bigotry or intolerance or gives unfair, Homosexuality, heterosexuality, bisexuality and unfavourable or less favourable treatment to one person or trans-sexuality. a group because of their race, ethnicity, nationality, sex, age, sexual preference, religion, disability and/or political belief. Religion People’s beliefs and opinions concerning the existence, Vilifies nature, and worship of God, a god, or gods, and divine Humiliates,
Recommended publications
  • THE VOICE of the CONSUMER Henry C. Fleisher Public Relations

    THE VOICE of the CONSUMER Henry C. Fleisher Public Relations

    THE VOICE OF THE CONSU MER Henry c. Fleisher Public Relations Consultant for Consumers Union I'm not sure I know why I'm here. I am not a profess ional "consumer''. My principal experience as a cons ume r is in my role as head of a household •.• a role which both my wife and my children frequently and rather effectively dispute. In my household my wife very early took over the position of purchasing agent, on the accurate basis that I was aware neither of quality nor style nor price. A year ago I bought a secondhand 1952 Chevrolet on the spur of the moment, and in doing so ignored all the 28 tests that Consumers Union recommends to purchasers of used cars. CU was right; I was wrong, •• and I had to get rid of that delightful car at a loss, before the steering apparatus gave both my wife and myself a case of arthritis in the arms. But if my personal function as a consumer is a minor part of my activity, I have nevertheless been watching the American consumer, with a capital "c", during the past several years ••• and I am encouraged by what I see. What I see is fairly steady progress in a direction of a more assertive voice on the part of the Americ~n consumer, a greater sophistication on the part of the consumer in the market place, and the beginnings of better legislative protection for the consumer. It may very well be that I am by nature too optimistic, and that the people working most actively and professionally in the field of consumer activity are able to see in sharper focus the booby traps, the discouraging obstacles, or signs of retrogression.
  • MEDIJSKE STUDIJE MEDIA STUDIES Medijske Studije Media Studies

    MEDIJSKE STUDIJE MEDIA STUDIES Medijske Studije Media Studies

    V.Car: blabla bla Vol. 9 (2018) 17 9 (2018) Vol. blabla bla MEDIJSKE STUDIJE MEDIA STUDIES medijske studije media studies ISSN 1847-9758 (tisak) e-ISSN 1848-5030 (online) UDK 316.77 DOI 10.20901/ms Zagreb, lipanj 2018. / June 2018 medijske STUDIJE / MEDIA STUDIES Izdavač / Publisher Sveučilište u Zagrebu, Fakultet političkih znanosti / University of Zagreb, Faculty of Political Science Za izdavača / Official Representative Lidija Kos-Stanišić adresa Uredništva / editorial Office Medijske studije / Media Studies lepušićeva 6, 10 000 Zagreb, Hrvatska / Croatia e-mail: [email protected] www.mediastudies.fpzg.hr Urednički kolegij / editorial Committee Marijana Grbeša Zenzerović, Faculty of Political Science, University of Zagreb, Croatia, Igor Kanižaj, Faculty of Political Science, University of Zagreb, Croatia, Božo Skoko, Faculty of Political Science, University of Zagreb, Croatia, Gordana Vilović, Faculty of Political Science, University of Zagreb, Croatia Uredništvo / editorial Board (svi su s Fakulteta političkih znanosti Sveučilišta u Zagrebu, ako nije drukčije istaknuto / all from the Faculty of Political Science of the University of Zagreb, if not stated differently) Nebojša Blanuša, Viktorija Car, Marijana Grbeša Zenzerović (glavna urednica / editor in Chief), Hrvoje Jakopović (izvršni urednik / executive editor), Igor Kanižaj, Toni Kliškić (tehnički urednik / tehnical editor), Dunja Majstorović, Božo Skoko, Gordana Vilović Urednički savjet / editorial advisory Board Dragan Bagić, University of Zagreb, Croatia, Nico Carpentier, VUb – Vrije
  • Gaming Guns Will Travel 64

    Gaming Guns Will Travel 64

    — 1 — “Right on Target: how to start, have fun, & make money with a live gaming business” Published by Lander Publishing 1/6 Graham St Underwood QLD 4119, Australia Www.BattlefieldSports.com First published April 2007 Second Edition August 2007 Third Edition, September 2010 Copyright © 2007, 2010, 2013 Nicole Lander & Peter Lander All rights reserved. No part of this book may be reproduced without the permission of the copy‐ right owners. Disclaimer. The material in this publication is of a general nature, and neither purports nor intends to be advice. Readers should not act on the basis of any matter in this publication without taking professional advice from a licensed Account‐ ant or Financial Planner, and or legal attorney, with due regard to their own particular circumstances. The authors and publisher expressly disclaim all and any liability to any person, whether a purchaser of this publication or not, in respect of anything and of the consequences of anything done or omitted to be done by any such person in reliance, whether whole or in part, upon the whole or any part of the contents of this publication. Battlefield Live® and Battlefield Sports® are trademarks or pending trade‐ marks registered by Scapequest Pty Ltd and is used with its permission. Designed and typeset by Nicole Lander ISBN: 978‐0‐9803671‐1‐9 — 2 — Acknowledgements Photography: Nicole ‘Zev‐va’ Lander, Canditta ‘Angel’ Anderson, Suzette ‘Agent Starling’ Castle, Lt Col Trevor Browne, Commandant, Barbados Cadet Corps, Donna ‘Shutter’ Pre‐ ston, Ivy ‘Horse’ Grcic, Nick ‘Guerrero’ Evans, Jerry ‘Firepower’ Munsie, Lee ‘Arbalest’ Bargwanna, Leigh Lalonde, Rebecca Stallworthy, Robyn Daniels, Cameron ‘Brat’ Boyle, Paul ‘Dogsbody’ Diamond, and Robert ‘Bear’ Lander.
  • Commercial Speech, Intellectual Property Rights, and Advertising Using Virtual Images Inserted in TV, Film, and the Real World

    Commercial Speech, Intellectual Property Rights, and Advertising Using Virtual Images Inserted in TV, Film, and the Real World

    UCLA UCLA Entertainment Law Review Title Commercial Speech, Intellectual Property Rights, and Advertising Using Virtual Images Inserted in TV, Film, and the Real World Permalink https://escholarship.org/uc/item/26b704xs Journal UCLA Entertainment Law Review, 13(2) ISSN 1073-2896 Author Barfield, Woodrow Publication Date 2006 DOI 10.5070/LR8132027085 Peer reviewed eScholarship.org Powered by the California Digital Library University of California Commercial Speech, Intellectual Property Rights, and Advertising Using Virtual Images Inserted in TV, Film, and the Real World Woodrow Barfield* TABLE OF CONTENTS I. INTRODUCTION ........................................... 154 A. Current Exposure to Advertisements ................. 155 II. VIRTUAL AND MEDIATED REALITY TECHNOLOGY ...... 156 A. Benefits of Virtual and Mediated Reality Advertising. 159 B. Problems with Virtual and Mediated Reality A dvertising........................................... 160 III. COMMERCIAL SPEECH IN THE CONTEXT OF VITUAL AND MEDIATED REALITY ADVERTISING ...................... 162 IV. BILLBOARDS IN REAL AND MEDIATED REALITY SPACE. 167 V. TRESPASS AND NUISANCE ................................ 169 VI. THE LANHAM ACT AND MEDIATED REALITY A DVERTISING ............................................ 177 VII. DERIVATIVE WORKS IN MEDIATED REALITY A DVERTISING ............................................ 179 VIII. REGULATION OF ADVERTISING USING VIRTUAL IM A GES .................................................. 182 IX . SUMM ARY ................................................ 185 * Woodrow Barfield received a Ph.D. in Industrial Engineering from Purdue University, a J.D. from the University of North Carolina, and a LL.M. in intellectual property law and policy from the University of Washington. The author thanks Dan Laster for comments on an earlier draft of the manuscript, David Orange for research assistance, and Sayoko Blodg- ett-Ford for her many contributions and valuable comments. The views expressed are solely those of the author. 154 UCLA ENTERTAINMENT LAW REVIEW [Vol.
  • Reclaiming ‗The New Public Spaces' Outdoor Advertising & The

    Reclaiming ‗The New Public Spaces' Outdoor Advertising & The

    University of Business and Technology in Kosovo UBT Knowledge Center UBT International Conference 2012 UBT International Conference Nov 2nd, 9:00 AM - Nov 3rd, 5:00 PM Reclaiming ‗The ewN Public Spaces‘ Outdoor Advertising & The Resistance of the Albanian Consumer Movements Ana Kekezi European University of Tirana, [email protected] Drita Kruja University of Shkodra, [email protected] Follow this and additional works at: https://knowledgecenter.ubt-uni.net/conference Part of the Business Commons Recommended Citation Kekezi, Ana and Kruja, Drita, "Reclaiming ‗The eN w Public Spaces‘ Outdoor Advertising & The Resistance of the Albanian Consumer Movements" (2012). UBT International Conference. 37. https://knowledgecenter.ubt-uni.net/conference/2012/all-events/37 This Event is brought to you for free and open access by the Publication and Journals at UBT Knowledge Center. It has been accepted for inclusion in UBT International Conference by an authorized administrator of UBT Knowledge Center. For more information, please contact [email protected]. Reclaiming ‗The New Public Spaces‘ Outdoor Advertising & The Resistance of the Albanian Consumer Movements Ana Kekezi1, Prof. Ass. Dr. Drita Kruja2 1PhD Candidate, European University of Tirana, Albania (www.uet.edu.al ) [email protected] 2Head of Administrative Council of Shkodra University Lecturer, Faculty of Economy, University of Shkodra" Luigj Gurakuqi", Albania [email protected] Abstract: This study investigated and contributed empirically and theoretically the Albanian consumer resistance movements toward the invading of the public spaces by advertising. The outdoor advertising, even in emerging countries as Albania, is inescapable and has grabbed the consumer and his incapability on avoiding it.
  • Antioxidants That Help Combat Chronic Organic Farming Inorganic Farming Why You Should Diseases, Especially Cancer and Heart Disease

    Antioxidants That Help Combat Chronic Organic Farming Inorganic Farming Why You Should Diseases, Especially Cancer and Heart Disease

    www.govita.com.au ISSUE 24 2011 • $5.95 (GST INC) Erin McNaught on saving koalas get set for summer a new approach to treat skin disorders YOUR HEALTH IS TOO VITAL Men’s Health NutriVital Prostate Control provides relief from urinary and bladder symptoms associated with medically diagnosed Benign Prostatic Hypertrophy (BPH). Symptoms include frequent urination, hesitancy, incomplete emptying and the need to urinate during the night. Always read the label. Use only as directed. If symptoms persist seek the advice of your healthcare professional. CHC 41648-08/10 WWW.NUTRIVITAL.COM.AU welcome to Issue 24 ISSN 1832-5556 It’s hard to believe we are already at the end of 2011! If you’re like me, the party season can see Editor: Ann Cattelan BSc months of hard work at the gym and eating healthily, go up in smoke overnight! So if you can relate to [email protected] that feeling, then you will love our articles on Get Set For Summer and Festive Swap-Fest. Both articles Art Direction: Tanya Lee Design have some great tips on how to prepare for the party season, how to eat well and stay fi t and healthy [email protected] for summer. There are some yummy recipes for you to try that are sure to be a hit with the whole Advertising Inquiries: [email protected] family. We have also included some top gift ideas if you are struggling with suggestions for interesting Printing: TMV Graphics Australia and useful gifts this year. [email protected] As this is our last issue for 2011, the team at Go magazine wish you a healthy, happy and safe holiday The views expressed in Go are those of the original authors and not those of the Editor or the Publisher.
  • 55173Song.Pdf (5.325Mb)

    55173Song.Pdf (5.325Mb)

    University of Calgary PRISM: University of Calgary's Digital Repository Graduate Studies Legacy Theses 2000 Rethinking Cannes: a study of the debate on the cultural and ideological aspects of commercial advertising in China Song, Melody Qian Song, M. Q. (2000). Rethinking Cannes: a study of the debate on the cultural and ideological aspects of commercial advertising in China (Unpublished master's thesis). University of Calgary, Calgary, AB. doi:10.11575/PRISM/12835 http://hdl.handle.net/1880/39843 master thesis University of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission. Downloaded from PRISM: https://prism.ucalgary.ca THE UNIVERSITY OF CALGARY Rethinking Cannes: A Study of the Debate on the Cultural and Ideological Aspects of Commercial Advertising in China by Melody Qian Song A THESIS SUB-D TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS DEPARTMENT OF COA&IUNICATION STUDIES CALGARY, ALBERTA MAY, 2000 @Melody Q. Song 2000 National Library Biblioth~uenationale du Canada Acquisitions and Acquisitions et Bibliographic Services services bibliographiques 395 Wellington Street 395, rue Wellington Ottawa ON KIA ON4 Ottawa ON KIA ON4 Canada Canada your fikr Vorre dfdrence Our fib Norre rdldrence The author has granted a non- L'auteur a accorde une licence non exclusive licence allowing the exclusive pennettant a la National Library of Canada to Bibliotheque nationale du Canada de reproduce, loan, distribute or sell reproduire, prster, distribuer ou copies of this thesis in microform, vendre des copies de cette these sous paper or electronic formats.
  • Attitude Toward Advertising in General and Attitude Toward a Specific Type

    Attitude Toward Advertising in General and Attitude Toward a Specific Type

    Attitude toward Advertising in General and Attitude toward a Specific Type of Advertising – A First Empirical Approach ▪ Dianoux Christian, Linhart Zdeněk, Vnoučková Lucie Abstract The paper examines based on international research the differences between results of studies focused on consumers’ attitude toward advertising. The aim of this paper is to show that it is possible to find situations where the influence of attitudes towards specific ads in general (ASG) on attitudes toward advertising (Aad) can be observed and also it is possible to find no influence of attitudes toward ads in general (AG) on Aad. The paper shows that the problem comes from the definition of AG. The experiments described in this paper detect attitudinal differences toward advertising in general among studied nations depending on the type of advertising. The research encompasses respondents from three countries with different economic and cultural backgrounds (Germany, Ukraine and USA). The data were collected based on a quantitative survey and experiment among university students. The results show that the concept of AG is in some cases too broad. Differences between AG were confirmed between Ukraine and other countries. The respondents from Germany are according to AG more pessimistic and the respondents from the USA are more optimistic. This disparity was explained by a significant difference in Orthodox and Atheist religion compared to the other religions. Key Words: attitude toward advertising, attitude toward advertising in general, hard and soft sell, religion, Ger- many, Ukraine, USA JEL Classification: M37 1. INTRODUCTION Consumers’ attitudes toward an ad (Aad) have offered a critical theoretical construct since 1981, with the publication of two influential articles (Mitchell & Olson, 1981; Shimp, 1981).
  • An Exploration of Gay Masculine Identity and Its Relationship to the Closet

    An Exploration of Gay Masculine Identity and Its Relationship to the Closet

    JUXTAPOSE: AN EXPLORATION OF GAY MASCULINE IDENTITY AND ITS RELATIONSHIP TO THE CLOSET. A project submitted in fulfillment of the requirements for the degree of Doctor of Philosophy RICHARD HARDING M.A. (Fine Art), B.A. (Fine Art), Grad Dip.Ed. (Art), Adv. Dip. Media School of Art College of Design and Social Context RMIT University, Melbourne July 2014 ii JUXTAPOSE: AN EXPLORATION OF GAY MASCULINE IDENTITY AND ITS RELATIONSHIP TO THE CLOSET D ECLARATION I certify that except where due acknowledgement has been made, the work is that of the author alone; the work has not been submitted previously, in whole or in part, to qualify for any other academic award; the content of the exegesis is the result of work which has been carried out since the official commencement date of the approved research program; any editorial work, paid or unpaid, carried out by a third party is acknowledged; and ethics procedures and guidelines have been followed. Richard Harding July 2014 iii iv JUXTAPOSE: AN EXPLORATION OF GAY MASCULINE IDENTITY AND ITS RELATIONSHIP TO THE CLOSET ACKNOWLEDGEMENTS I would like to thank my supervisors, Dr Phil Edwards and Associate Professor Keely Macarow for their encouragement and support throughout the project. I would like to gratefully acknowledge the support and assistance in this project of my work colleagues and fellow candidates from the School of Art, the Print Imaging Practice studio and Lygon Street Studios. I would like to especially acknowledge the assistance I received from the following people: Rob Dott, Sebastian Fransz, Stephen Gallagher, Don Gore, Andrew Gunnell, Mateusz Gwóźdź, Dr Shane Hulbert, Dr Ruth Johnstone, Neal Kenny, Rebecca Mayo, Cat and Nada Poljski, Andrew Tetzlaff, Andrew Weatherill, Deb Williams and Katie Van Heest.
  • Volume 5, Issue 1, April 2008 the Black Label: Trade Mark Dilution

    Volume 5, Issue 1, April 2008 the Black Label: Trade Mark Dilution

    Volume 5, Issue 1, April 2008 The Black Label: Trade Mark Dilution, Culture Jamming and the No Logo Movement Matthew Rimmer * * Dr Matthew Rimmer, BA (Hons)/ LLB (Hons) (ANU), PhD (UNSW), is a Senior Lecturer and director of Higher Degree Research at the Australian National University College of Law, and an associate director of the Australian Centre for Intellectual Property in Agriculture (ACIPA). He is grateful for the feedback and comments of the anonymous referees, and Dr Maree Sainsbury of the University of Canberra. He would also like to thank Laugh It Off Promotions for the pictures of the T- Shirts and the legal protests. E-Mail Address: [email protected] (2008) 5:1 SCRIPT-ed 71 Abstract This article considers the ongoing debate over the appropriation of well-known and famous trade marks by the No Logo Movement for the purposes of political and social critique. It focuses upon one sensational piece of litigation in South Africa, Laugh It Off Promotions v. South African Breweries International (Finance) B.V. t/a Sabmark International. In this case, a group called Laugh It Off Promotions subjected the trade marks of the manufacturers of Carling Beer were subjected to parody, social satire, and culture jamming. The beer slogan “Black Label” was turned into a T-Shirt entitled “Black Labour/ White Guilt”. In the ensuing litigation, the High Court of South Africa and the Supreme Court of Appeal were of the opinion that the appropriation of the mark was a case of hate speech. However, the Constitutional Court of South Africa disagreed, finding that the parodies of a well-known, famous trade mark did not constitute trade mark dilution.
  • Advertising in a Free Society

    Advertising in a Free Society

    Advertising in a Free Society Advertising in a Free Society RALPH HARRIS ARTHUR SELDON with an introduction by CHRISTOPHER SNOWDON The Institute of Economic Affairs First published in Great Britain in 1959 and this edition published in Great Britain in 2014 by The Institute of Economic Affairs 2 Lord North Street Westminster London SW1P 3LB in association with London Publishing Partnership Ltd www.londonpublishingpartnership.co.uk The mission of the Institute of Economic Affairs is to improve understanding of the fundamental institutions of a free society by analysing and expounding the role of markets in solving economic and social problems. Copyright © The Institute of Economic Affairs 2014 The moral right of the author has been asserted. All rights reserved. Without limiting the rights under copyright reserved above, no part of this publication may be reproduced, stored or introduced into a retrieval system, or transmitted, in any form or by any means (elec- tronic, mechanical, photocopying, recording or otherwise), without the prior written permission of both the copyright owner and the publisher of this book. A CIP catalogue record for this book is available from the British Library. ISBN 978-0-255-36696-0 Many IEA publications are translated into languages other than English or are reprinted. Permission to translate or to reprint should be sought from the Director General at the address above. Typeset in Kepler by T&T Productions Ltd www.tandtproductions.com Originally printed in Great Britain by The Stellar Press Ltd This edition
  • Human Flourishing

    Human Flourishing

    Volume 2, Issue 01 | March 2009 Vol. 02 Issue 1 | Quarterly Newsletter SEXUAL IMAGERY EVERYWHERE – WHERE DOES THAT LEAVE THE Human Flourishing CHILDREN? It is almost impossible to drive through the main streets of any major Australian city and not see huge billboards inquiring as to whether the driver would like to “Restore their Sex Life”... Pg 4 HAPPINess IS NOT JUST FEEling good, it’S DOING GOOD Being kind and caring and compassionate and generous to and for others is one of the most powerful and effective ways to build positive relationships. Pg 6 To Flourish means to live well, to grow in every sense, to appreciate the beauty in all things, to establish and nurture quality relationships (make good friends), to EMAIL ETIQUETTE be able to manage challenges and be resilient, to be Things to Consider Before Hitting that Send Button - If you have a hotmail strong. address such as “cuteybabe”- don’t ever use it for business or for personal To be able to flourish people must All of us want to flourish, to feel good about purposes where you want the recipient be positive about life. All of us have life, to feel strong and able to cope with the to take you seriously. They won’t! positive and negative emotions. We feel challenges and still improve and grow, to Pg 11 good and we feel “less good” about things. thrive. This is in everything we do in our The positive feelings (emotions) are related lives for all things in our lives are interrelated to us feeling good about ourselves, our and impact on how we manage “it all”.