Legal and Ethical Constraints
Legal Issues
Quotes and Results
Legally I cannot lie about results, quotes or use any
footage that could be seen as false. This is because in advertising you must
comply with the ASA’s rules and regulations. I must make sure that when I am
editing any print advertisement or audio visual I must make sure that the
results or quotes that I use are within the truth, otherwise I could be asked
to remove the advert as it is false advertising. Lying about results is a
problem because if the results are factitious it will make the school seem like
it is hiding the actual results and it can seem untrustworthy. Another thing is
that using quotes that are made up is also against the ASA regulations, because
it is factitious and false advertising.
Found Footage
If I use some found footage in my adverts I must make sure
that I have the creator’s permission, otherwise I will not be following the
Designs, Copyright and Patents act of 1998, meaning that the person who has
created a piece of media that I will use will have to give me permission. I
also must make sure that I will only use footage that is actually from my
school. This is because it could be seen as false advertising, if we show
footage from another school.
False Claims
When I am editing my advert, and putting text onto the audio
visual and visual adverts I must make sure that I do onto make any false claims
about the school. For instance, I cannot say that everyone in the school passes
all their exams, because it is just incorrect. Making false claims on an advert
will mean that if reviewed the advert will be taken down and I will have to change
it so that the claims are adjusted or removed.
Slander
When the adverts are created if I am going to refer to the other
schools in the area, I must call them competitors, verbally addressing the
other schools could be classified as slander. I am legally not allowed to say
that schools like Maghull High College is not as good as the College @ Deyes.
The ASA say that adverts cannot mention other competitor’s names in the advert
specifically but can cover it up with other words for them.
Filming
When filming with actors you must get permission to film
them via a signature, so that you know that you can film them, this also
applies for anyone else that could accidentally walk into the shot. This is against
the law to film people without their knowledge and if you have their permission
you must tell them what they are going to be in the advert and where it is
going to be published, as some people may not mind being filmed for an advert
in school but may not know that it is going to be uploaded to YouTube. Creating
a release form would allow me to have something to give to the people I am
filming so that they know what they are doing and how long I will use the
footage for.
Copyright
If using any copyrighted materials, for example, the College
@ Deyes logo. I must make sure that I have permission form Mr Delany to use the
logo. I can ask for permission from Mr Delany
to sue the logo in my advertisements so that I can actually show the adverts as
they will need to have the logo in it to create brand awareness.
Ethical Constraints
Misrepresentation
When I am creating the adverts whether it be print or audio
visual, I must make sure that I represent the College correctly, this means
that I cannot use actors who do not go to the College to act in the advert, as
it is unethical and doesn’t represent the school’s actual students. This means
that if the College is mainly a white college, I cannot ask more Black/Asian students
to come and be in my advertising campaign as it is misrepresenting the College’s
ethnicity.
Another problem with Misrepresentation is that some people believe
that is unethical to cherry-pick the results that I will use in the advert.
This means picking the Colleges results that look best for the advert, this can
be seen as misrepresentation because it doesn’t represent the majority of the
College’s results.
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