ISBA - The Voice of British Advertisers

Our Alcoholic Beverages Working Group is the catalyst for major changes in the way drinks are advertised.  Working with regulators and the wider industry problems are defined and policy developed.

Defining effective but practical TV broadcasting rules was a significant contribution.  The Ofcom discussions led to the current BCAP rules. This positive experience of the value of expert, committed, input to responsible marketing has been a signature of ISBA members.

The determination of advertisers to be in partnership with government came out of the work of our group before moving the initiative to include the wider alcohol marketing interests.  The No10 Group helped deliver responsibility deals and showed that genuine cooperative working is far more productive than the confrontational approach.

How we work

The Group works with, and supports the Portman Group, the BBPA, WSTA and SWA offering the dedicated advertising perspective to wider industry discussions.  We are also members of the UK Advertising Association and input to the work of the independent Research body Credos.  In Europe the WFA is actively engaged in issues raised in Brussels.

The Group brings together automatic advertisers and helps define ISBA policy. Issues of speed, fuel consumption and green claims have been high on the agenda.

We contribute expert advertising knowledge into technical issues working with our partner bodies. We work especially closely with the SMMT on UK issues and WFA on European matters.

The group meets to tackle issues as they arise and supports the work of ISBA as a member of CAP and BCAP for UK ad codes and the ICC on international standards.

Best Practice on green claims

ISBA is the co owner of the Best Practice Principles for Environmental Claims in Automotive Marketing to consumers. Launched in 2010 with LowCvp and SMMT the Principles were updated in November 2011.

Best Practice on advertising electric vehicles

Reducing fuel consumption through the use of hybrid and pure electric vehicles is widely supported.  ISBA and the SMMT are working for clear, workable and consistent advice on how 'zero' claims and low claims can be made.

Case study on CO2

Twice in the last decade the group has had to take swift action on CO2 information in ads.  These rules implement EU laws and are enforced by the VCA rather than the ASA.

The PASSENGER CAR (FUEL CONSUMPTION AND CO2 EMISSIONS) CONSUMER INFORMATION REGULATIONS, came into force in 2008 without notification or consultation with the ad industry.  They came into immediate effect meaning that car advertisers had to include fuel consumption and CO2 emission data in all outdoor advertising.

Some of the proposals were simply unworkable, especially on font size and how prominent the information should be. ISBA was able to help settle a set of understandings that helped consumers, car advertisers and met the law.

If you are an ISBA member log in or register now for access to our dedicated members only pages

Our Communications Procurement Action Group (Compag) is the home for progressive marketing procurement professionals. We meet every six weeks to share new procurement tools and techniques, enhance best practice, exchange views on agency management practices and learn more about the communications marketplace.

Compag is one of the most active groups in ISBA with more than 80 marcoms procurement professionals participating.

Meetings are usually topic specific and often run for a whole day. Recent meetings have focused on production de-coupling, the digital marketplace, agency management, the changing shape of marketing communications resources and involve a mixture of presentations from group members on cutting edge marcoms procurement practices and guest speakers from the marcoms industry. 

The group has a dual aim of developing and enhancing the marcoms procurement function and promoting its effectiveness to the wider industry. The Compag community maintains a regular dialogue between meetings and have their own part of the ISBA website where presentations and documents can be viewed.

There are more and more convergent issues – whether it be the emergence of Internet Protocol Television (IPTV) or the trend towards ‘bought, owned and earned media’ which is seeing some advertisers becoming ‘broadcasters’ in their own right.

ISBA’s Convergent Media Working Group (formerly known as ISBA’s Media Policy Group) addresses overarching media issues which transcend individual ISBA channel Action Groups.

For example;

competition/cross-media concentration & collaborations

regulation, overall market definition

media agency concentration/evolution of roles (cf network aggregation, ad serving)

sourcing/sustainability of media supply

future of audience measurement

(cross-media effectiveness)

Early discussions have centred on media and ownership convergence, in light of News Corporation’s proposed takeover of BSkyB, as well as the effectiveness and relevance of media auditing.

The Direct Marketing & Sales Promotion Action Group leads ISBA policy affecting the UK’s major bulk mailers; issues have involved rebutting ‘junk mail’ accusations to leading on environmental responsibilities.

The group helped broker a deal to end the funding short fall for self-regulation by extending the levy collection beyond Royal Mail to other carriers. The MASBOF levy is an essential part of advertising self-regulation. For more information about ISBA role in self regulation see the Issues page here. 

Environmental standards are high on the agenda with the review of PAS2020. DEFRA Waste review forms part of the industry’s responsibility deal and involves the Group in support of finding an easy to use opt out solution.

The changes to postal regulation with the merger of Postcomm and Ofcom has been closely followed by the Group. Significant changes to postal regulation are occurring affecting advertisers, including the removal of the Universal Sevice obligation from bulk mail and the consequent impact this may have on VAT for charity mailers.

If you are an ISBA member log in and visit our member only Action Group and Issues page more detail

Financial service advertising is a regulatory challenge.  The ISBA Financial Advertisers Group is the first point of contact for advertiser policy.

With regulations coming from EU directives, UK government regulations and our own CAP and BCAP codes ISBA keeps a close watch on calls for tighter and on more detailed rules. We maintain a close working relationship with the Financial Services Forum of senior practitioners with a dedicated focus on marketing effectiveness.

Consumer protection from being mislead is the main aim of advertising regulation. The complexity of some financial products has resulted in frequent calls for warnings, subtexts and legalese in financial service advertising.  ISBA does not always believe that this delivers consumer protection and can do serious damage to advertising effectiveness.

An example of the pressure to qualify advertising came in June 2011 from the FSA that proposed new rules to cover advertisements using ‘guaranteed’, ‘protected’ or ‘secure’ that would require additional information within the communication.

If you are an ISBA member log in now or register for access to dedicated members only pages on Financial service issues and the Working Group

To become involved with our group email Ian Twinn iant@isba.org.uk or Jane Salliss janes@isba.org.uk

Food and Soft Drink advertisers have grown used to being under the media and political microscope. This working Group of ISBA members, from the sector, meets to define policy.

We bring the advertising expertise to the wider sectoral table.  We meet when issues demand a specifically advertiser response or input to wider issues.  For example it is this group that brokered the CAP and BCAP code changes in 2005.

We work closely with the UK Food & Drink Federation and the British Soft Drinks Association whose expertise in the packaging, wider marketing and food production areas complements ISBA.  Within the advertising industry we also work closely with the Food Advertising Unit, based at the Advertising Association, and the Responsible Advertising to Children group based in Brussels at the WFA.

Defining our role

Food and drink advertising comprises a significant proportion of the input to the debates about advertising and children.  Yet the issues are not the same.  The children issues are discussed on another page here and the food issues here.

Nor are the issues the same as discussing the role of advertising in the growth of obesity and general increase in the weight of adults and children.  There are significant issues surrounding food and drink advertising that are specific to the nature of the food and drink we consume and consumers needs to be accurately informed.  Advertising aims to do that through our rigorous UK self regulation system.

How we work

The group comes together to meet specific needs rather than hold regular meetings.  We do email briefing and requests for input to ISBA policy on food and drink advertising.

This is home for specialist marcomms procurement and internal research people focussing on Market Research & Insight agency management.

We seek to share effectiveness & innovation at a National, Regional or Global level.  The group is populated by a wide spectrum of advertiser industries & sectors

It is important to note that Competition law is adhered to in all group activities.

The group's goal is to add value both internally and externally to group members and their organisations by: 

• Improving understanding of Market Research Procurement; Agency Management; Effectiveness & Trends
• Sharing best practice, knowledge and insight
• Developing skills to effectively influence commissioners of Market Research and delivery of Insight
• Reviewing innovation and educating on the role of procurement within the industry
• Producing best practice and working collaboratively with other representative organisations in this space

The group has proved to be a powerful force within the advertising industry, working closely with major Out-of-Home (OOH) contractors and specialist agencies to develop pre-testing and verification tools, as well as improve remuneration transparency.

The group has also liaised with POSTAR with regards to the launch of its new measurement system, as well as the OOH inventory coordinator for the London 2012 Olympics. News International has presented frequently to the Group helping members understand the new proposals for trading advertising press space.

OFT Out Of Home Inquiry

In May 2010, the Office of Fair Trading (OFT) launched an inquiry into the OOH advertising market. It is thought to have been stimulated by three factors: concerns raised by a now-defunct outdoor specialist regarding barriers to entry in the market; concerns raised by one or more local authorities regarding exclusive long-term contracts for street furniture; and responses to the OFT’s scrutiny of J C Decaux’s acquisition of part of the defunct Titan Outdoor’s inventory.

ISBA was invited to make early input to the process, and helped the OFT draft and circulate questionnaires on a number of occasions. ISBA initially sent questionnaires to the top 30 advertisers in the OOH market, followed by questionnaires sent to the following 30 advertisers.

In Feb 2011, OFT published findings of its inquiry. There were three main outputs;

                -  OFT to investigate the relationship between OOH contractors and local councils on whose        behalf they erect street furniture and hoardings and then sell advertising space.

- OFT found that, despite being highly concentrated, the market is competitive and most of the rebates offered by contractors do pass through to advertisers.

                - OFT recommended advertisers and their industry body - ISBA – take further steps to ensure   accountability and transparency in the business relationships which enable their OOH activity.        

Fuelled by this, ISBA is working with its legal advisors to redraft the model contracts on which advertisers can base their contracts with suppliers. ISBA also responded to the OFT’s invitation to comment on its findings, suggesting that the OFT has not yet got to the bottom of the transparency/rebates issue.

In June 2010, the OFT announced that it would not refer the OOH market to the Competition Commission. Having considered consultation responses from five parties, including ISBA, Posterscope, CBS Outdoor and two other individual respondents, the OFT remains of the view that “a reference to the Competition Commission would not be appropriate at this time."

‘Gatekeeper’ Repro Charges - Express & Independent Newspapers’

In May 2010, it was revealed in the Press & Outdoor Action Group that two national newspaper publishers, Express and Independent newspapers, continue to levy charges for handling colour advertisements submitted in digital file format.

These stances contrast with those taken by all other publishers following a lengthy and successful campaign by ISBA between 1997 and 2006. ISBA therefore wrote to both publishers, inviting them to review their practices and requesting that they desist from charging henceforth.  Neither publisher responded willingly.

ISBA and its consultant competition lawyer therefore revised ISBA’s guidance for members in this space. ISBA then shared the guidance with the publishers, effectively giving them a final opportunity to cease the practice. Neither chose to do so leading ISBA to publish its guidance to members in August 2010.

News International’s New Trading Proposition – ‘Delivering Scarcity’

News International has been working on a ‘new basis for trading their press space’. The new proposition is called ‘Delivering Scarcity’. News International has delivered presentations to ISBA’s Action Group members on two occasions where they were the first to hear about the new trading proposition.

The publisher seeks to scrap the long-standing method of trading advertising space, cost-per-single-column-centimetre (SCC), which it and other national newspapers currently use to negotiate rates with media agencies.

News International believes the SCC model does not reflect audience delivery and distorts the market, and instead, wants to move to a cost per thousand (CPT)- based model. Whilst accepting that auditors are not yet ‘on side’, News International maintains that auditors will be able to audit on CPT. Members were concerned about how auditors would manage a ‘dual economy’.

Since presenting to the Press and Outdoor Action group in September 2010, News International appears to have relaxed the pressure it is putting behind the new initiative.

Members have presumed this is down to being distracted by the activity surrounding News Corp’s bid to take over Sky in 2011. Despite pressure being relaxed, some members confirmed that News International are still very much committed to the new model.

POSTAR
With shifts in the Out of Home (OOH) marketplace, roadside billboards are perhaps not as dominant as they were before because other media, not least premium digital and high impact sites have come onto the marketplace. However, there is still no independent measurement of audience delivery. Advertisers are being asked to invest significant sums on these premium sites without sufficient verification or justification.

The OOH industry has been investing for several years in the development of a new measurement system under industry body POSTAR. However, the new system's release date has been pushed back several times and advertisers and media agencies are becoming increasingly frustrated at the time it is taking to bring the new system to market.

In May 2011, James Whitmore, Managing Director, POSTAR, updated Press & Outdoor Action Group members on progress. The new GPS sample will be in line with population, both geographically and demographically and will increase incrementally by 5,000 every year until a sample of 25,000 has been reached. The sample size will be rolling with 5,000 added every year with the same amount taken away from the oldest segment of the sample. This will ensure the data used will never be older than 4 years. Over six years, £15m has been invested between IPA Outdoor and the main Outdoor contractors.

The research and data inputs are all complete and POSTAR are now working on the software that will allow access to the study as well as validating the outputs.  The last significant obstacle is the cultures of contractors and OOH specialists.

OOH Preparations for London 2012

The London Organising Committee for the Olympic Games (LOCOG) has developed an online auction that allows brands to bid for outdoor advertising space for the London 2012 Olympics. In November 2010, Andrew Oldham, Consultant to LOCOG, provided PrOAG members with an insight into these preparations, reporting that the IOC requires the provision of first options on OOH media in venue cities to partner brands for the Games period. Andrew Oldham also reported that legal framework is in place to prevent ambush marketing in the vicinity of venues.

In April 2011, the auction started for the available OOH space in the UK for the 12 week Olympic period, with sponsors getting first rights to purchase. Only the 18 global top tier sponsors were able to bid for the prime sites in the first two weeks. Second and third tier sponsors were allowed to bid after the third week.

In June 2011, less than half of the OOH sites on offer had been purchased by official sponsors. Despite the £72 million of inventory available, worldwide and tier-one sponsors spent around £21 million on sites. Another £10 million was spent by lower tier sponsors. Agencies expected much of the outdoor media space to come back on to the open market by July.

Feedback from members indicated that the bidding system, developed by Media Equals was not very user friendly. Members also raised concerns that there will be a spike in inflation in the OOH market following the event, as prices for the Olympics will be based on 2010 prices – an inflationary year.

All phases of the controlled release are now complete. The process has been moderately successful; shy of the intended minimum of £50m that was hoped for. Sponsors acquired a good, but not overwhelming, allocation of the £72m inventory available, leaving the remaining available to the wider advertising community (i.e. non-sponsors, as well as sponsors). Contractors and advertisers are currently in the process of discussing deals. There remain control areas near the venues (vicinity zones themselves) where only sponsors can advertise.

Outdoor Media Centre

In January 2011, the Outdoor Advertising Association (OAA) relaunched under the new name Outdoor Media Centre (OMC). Following its re-launch, Mike Baker, CEO and & Bill Wilson, Operations Director at OMC updated Press & Outdoor Action Group on rebranding activities.

While still retaining its role as a trade association, the Outdoor Media Centre is hoping the rebrand will help move its primary focus to the inter-media planning process at agencies and advertiser clients. The repositioning of the trade association is timely with the bidding for OOH surrounding the Olympics and new audience research being made available at POSTAR.

The Pharma & Healthcare Innovation Group are a group of like minded individuals, specialising in Marketing Procurement at National, Regional or Global level, representing a wide spectrum of Pharma companies.

Members bring expert knowledge of marcoms procurement in Pharmaceutical and healthcare to ISBA.

Competition law is adhered to in all group activities with ISBA's Competition Lawyer overlooking all material relating to this group's activities.

The Group’s goal is to add value to its members and their respective organisations by: 

• Fully understanding and marcomms procurement landscape and trends within Pharma & Healthcare
• Sharing best practice, knowledge and insight
• Challenging the status quo in managing major categories of spend
• Reviewing innovation in the supply base
• Developing the skills to influence Marketing colleagues more effectively
• Providing access to information resources & networking 

If you are an ISBA member do log in or register to visit the members page for the Pharma Group

PARG brings together public and corporate affairs people with member lawyers and marketers.  We cover all issues, share experience and keep ISBA policy and public affairs activity under review.

We are joined by colleagues from the AA, WFA and IPA and are partnered by law firm Lewis Silkin.  The Group is convened by Public Affairs Director, Ian Twinn.

How we work

It is important that the crucial advertising and media issues, that are the core of other Action Group agendas, are seen in the wider public affairs context.  We aim to bring a broader view to how we implement ISBA policy and share our knowledge and experience, regardless of the issues of the day, our present employment.  PARG covers a global brief. 

There are strong links with the WFA, bringing day to day experience of how the issues are playing out in the EU. 

Global issues management is brought to ISBA through the expanding network of WFA National Associations and business members in every continent together with a close working relationship with the ICC, the owners of the global advertising codes.

If you are an ISBA member log in now , or register , to see the dedicated members page for PARG as well as our members issues pages.

The Group nurtures a close relationship with The RadioCentre, the Radio Advertising Bureau and audience measurement body RAJAR, observing often urging media owners to be more accountable.

Consolidation is as ever in the air and the Group continues to keep an eye on Global Radio’s increasing dominance of the medium and the impact of pushing radio investment towards their branded networks.

Digital Radio Switchover

The Government’s Digital Britain plan commits the country to switching off all analogue (ie AM and FM stations) once 50% of radio listening becomes digital and at least 9/10 homes can receive digital broadcasts.

Digital switchover is potentially good for commercial radio overall as it will have a natural 75% share of the frequencies, whereas the BBC has a legacy 50% share of analogue radio. However, Digital Britain remains contentious within the commercial radio sphere, the larger stations and groups welcoming it and the smaller players fearing for their future livelihoods. 

There has been continuous doubt that local DAB will achieve nationwide coverage due to last year's BBC licence fee settlement that only made provision for national, not local, DAB transmission. However, in April 2011, a provisional agreement to split the funding for the rollout of local DAB coverage three ways between the government, commercial radio and the BBC had been reached following high-level discussions that included Culture Secretary, Jeremy Hunt and BBC’s Director General, Mark Thompson.

RAJAR

Digital developments have prompted changes at RAJAR, including taking part of the survey online. This will serve to improve respondent representation and achieve more detailed platform listening data. Respondents will continue to be canvassed, door to door, but option to report online will be available.

As audio streaming is growing, RAJAR will be working with the industry to create standards in measurement and reporting for streaming statistics. RAJAR’s CEO, Jerry Hill (JH), who presented to RAG members in May 2011, believes that the addition of an online diary will improve its demographic representation and the offer of an online version is expected to extend its appeal to people who might have been put off by having to fill out a paper diary.

For the first three quarters, July to September and October to December 2011 and January to March 2012, the online diary will be used by one sixth, or 16.7%, of all respondents. Should the rollout prove successful, from Q2 half of all respondents will use the online version.

Ipsos MediaCT is working towards capturing encoded broadcast on smart phone and tablet devices. In September 2011, Jim Ford, Development Director, Ipsos MediaCT, updated RAG members on the concept of their latest project, MediaCell, which uses real time signal encoding capable of detection by smartphone application software.

The technology will capture smartphone activity, such as audio levels, movement/rotation and patterns of text messages and calls. Moreover, the software uses ‘early reflections’ – sound that is inaudible to humans ear, but audible to devices – to capture coded sets of data that can determine listening data.

Ipsos MediaCT is launching its London panel, with a sample of 375, in Q4 2011. Data will be available from Q1 2012 on a weekly basis. There is potential to make the data available immediately providing ‘live ratings’. As well as Radio, the technology has the potential to capture encoded data on TV and the internet, presenting the opportunity to evaluate cross media audiences.

Radioplayer

The BBC and commercial radio have joined forces to create a single website called ‘Radioplayer’ which allows listeners to access live streaming and on-demand content from around 250 different UK Radio stations in one place for the first time.

Radioplayer, which launched 31st March 2011, is embedded onto each radio station's website as a pop-up player, enabling live and on demand audio streaming, webcams and click to buy service. It will also offer synchronised visual material. Search will be possible by song, sports highlights and musical genres, with storable favourite presets.

Initially, it is only available through computers, but mobile applications for the iPhone and iPad are expected to follow by the end of this 2011.

Radioplayer has attracted 5.7 million unique users over a four-week period (April to May 2011), generating 22.5 million listening sessions. Total listening hours have been boosted by a 52% increase in the number of stations included on the service since it formed, from 157 to 238 stations. Before the Radioplayer's launch, internet radio attracted around 4.5 million listeners a week.

The industry hopes presenting the majority of UK radio in one place, with the same search interface apparent across all individual stations’ sites, will provide a significant boost to internet listening. The Radio Action Group is keeping a close eye on developments, which could have positive implications for advertisers.  Not only will it facilitate listening, but it could enable multimedia, cross-promotional and transactional activity.

Ofcom Broadcasting Code / New Product Placement Rules

After several rounds of consultation, the previous administration passed legislation to permit paid product placement on broadcast media during the legislative ‘wash-up’ which preceded the dissolution of Parliament before the General Election.                                                                                                                                                 

In February 2011, product placement (also referred to as brand integration) was officially introduced in the UK, allowing media owners to access a new source of revenue. Ofcom has outlined the regulations that are to govern the practice with the publication of its new Broadcasting Code rules with respect to Commercial references in television and radio programming. 

News, current affairs and religious content are not to incorporate brands in such a way, a restriction similarly applying to material specifically targeted at children.

Alcoholic drinks, tobacco, medicine, baby milk, unhealthy foods and gambling are among the categories prohibited from utilising this strategy.

A new Code Section Ten (Radio) on commercial communications in radio programming requires:

Appropriate signalling of commercial arrangements affecting programming, so as to ensure that the commercial arrangement is transparent to listeners

Clear separation of spot advertisements and programming

Prohibitions of commercial arrangements in relation to:

Commercial references in and around news broadcasts

Integrated commercial references within children's programming

The selection and rotation of music

 The application of the BCAP Code to commercial references in programming

 The retention of rules concerning:

Premium rate services

Charity appeals

Appeals for funds for programming or services

Financial promotions and investment recommendations

Ofcom proposes to keep a watching brief on the implementation of the new Radio rule set and, within two years, will decide whether to consult on any further rule changes. 

Global Radio Dominance

Between June and September 2010, Global Radio merged a vast majority of the Heart stations to create a smaller network of local & regional stations, in line with new OFCOM guidelines on local output requirements.

In March 2011, Richard Park, Group Executive Director and Nick Hirst, Sales Development Manager, Global Radio, presented to Radio Action Group members, providing an update from a programming and content perspective.

Global Radio's Capital FM has gone nationwide across Britain, establishing the UK's first national commercial pop music station. Under the relaunch plans, Capital replaced Global's six-strong pop music stations under the Galaxy stable, as well as the Red Dragon, Trent, RAM and Leicester Sound networks. The new enlarged network is expected to reach an audience of around 6.5m people every week across the UK.

Global Radio and TalkSport-owner UTV Media were involved in a review of Absolute Radio - the radio station and music and entertainment company - and held discussions with investment bank, Jefferies. Radio Action Group members expressed concern at Global’s increasing dominance of the medium, but agreed that no action was required until a bid had formally been placed.

Subsequently, Global pulled out of the Absolute Radio sales review process after Jefferies asked the group to up its bid for the assets. UTV Media, which owns a number of local stations alongside TalkSport, and Virgin Radio International, are among the remaining bidders in the process, although it is understood that there is only interest if the price is right.

Bauer Realign Radio Stations to Offer Customised Ad Deals

Karen Stacey, Director of Broadcast Sales and Brand Solutions, and Derek Hewitt, Director of Radio Sales updated Radio Action Group members on radio developments at Bauer Media.

Bauer has restructured its radio stations into two different packages for advertisers based around either location (‘place’ portfolio) or emotional connection with a station (‘passion’ portfolio). The strategy switch reflects audience research that shows some Bauer listeners are motivated by relevant local programming, while others have an emotional connection with a station's music format.

Bauer Media's national broadcast sales team will continue to be structured into agency hubs and the packages are flexible so agencies and advertisers can buy separate stations or smaller groups of stations, should they prefer to.

Karen Stacey also reported on the development of Bauer Access - a cross-platform service for Bauer Media's commercial partners, designed to encourage better communications between Bauer's brands and its clients, providing greater access to Bauer’s editorial insight and creative talent.

New RAB Research: Media & the Mood of the Nation

The Radio Advertising Bureau (RAB) has published a new study, showing that people who use media are happier and more energetic than people not using media. The research, carried out by Sparkler Research for the RAB, surveyed 1000 consumers via their smart phones, asking what media, if any, they were consuming and to rate aspects of their mood.

The results of the study were used as a basis to establish if media can exert a positive influence on the way people feel, how this happens and how does this affect engagement with advertising – especially on radio. 

A separate lab-based investigation was carried out using electroencephalogram (EEG) brain scan techniques to establish if the moods created by radio editorial extended to radio advertising. The scans confirmed that when radio ads are preceded by radio editorial, levels of positive engagement were sustained throughout the ad break, up by 30 per cent, when compared against ads played in isolation.

From greenwash to procurement the Working Group engages with all aspects of sustainability to add understanding, effectiveness and good regulation for advertisers.

The group is represented on LinkedIn as a closed member group for the exchange of ideas and news.  It’s easy to join, but we try and keep it to people in ISBA member companies and our sister trade bodies.

We welcome new group members; there is no limit to numbers, just a wish to share your interest in sustainability in advertising.

Green claims 

The ASA, the European Commission and public opinion have expressed concerns about the need for green, environmental and sustainability claims to be real.  Like all commercial communications in the UK our advertising claims need to be substantiated at the point when the claim is made. 

Greenwash has been a term of abuse thrown at advertisers by some campaigners and journalists.  Sometimes these accusations are unjustified, other times in the early days of green claims there has been some truth in the complaints.

ISBA has been at the forefront in defining the UK codes on green claims, as well as calling for much clearer definitions of green claim terms so that advertisers and regulators are talking the same language.

DEFRA Green Claims Guidance

ISBA and the Sustainability Working Group have helped DEFRA in revising the government’s – an example of successful partnerships with government and the NGO community.  Members are encouraged to read the Guidance when thinking of communicating green claims as the ASA take the Guidance into account over and above the CAP and BCAP codes. 

Green terms

The group maintains a living Green Terms Glossary for member use and member contribution.  The ‘Rough guide to terms, organisations and guidance’ lives on this website.  

Sustainable procurement

Sustainability is not just about making claims reflecting the green characteristic of an offering.  It is also about how sustainable thinking can be built into the procurement of marketing communications.  Members share their own approaches.  Whilst the ISBA Direct Marketing Action Group and this Working Group have been involved with the development of PAS2020, the environmental standard for direct mail by the DMA and BSI.

If you are an ISBA member please log in and visit the Groups member only page and our Members Green issues page

SCOTTISH ADVERTISERS

We are a networking and learning forum for ISBA members based in Scotland.

We aim to bring our Scottish members closer to the whole ISBA community and inputting to ISBA policy as it develops.

ISBA hosts regular briefing sessions in Edinburgh on key industry developments and to update its members on the wider ISBA agenda and ensure members are aware of new guidance produced.  Around 25 – 30 members attend each session.

Topics discussed at recent meetings include social media, the future of mobile and other emerging technologies. 

ISBA’s aim is to ensure that members based in Scotland are kept up to date on ISBA developments as well as offered the opportunity to contribute to ISBA’s policy.   This Group also encourages networking a dialogue between members.

If you would like to know more we would love to hear from you.

ISBA’s Sponsorship Action Group is tracking London Olympics 2012 as well as ROI, Measurement, Activation and negotiation with Rights Holders.

LONDON 2012 OLYMPICS

ISBA’s membership includes sponsors with first option rights, who are well protected, as well as other advertisers not officially sponsoring the Games, who also want to be aware of their rights. LOCOG are also ISBA members.

BRIBERY ACT

Sponsorship raises issues cover by new Bribery Act.  The group have held a key briefing seminar, and prepared expert guidance via our solicitors Lewis Silkin.

BROADCAST SPONSORSHIP AND PRODUCT PLACEMENT

Product Placement finally hit TV screens in the UK on 1 March 201. Some of the rules covering Broadcast Sponsorship have been affected by the introduction of Product Placement.

ISBA is looking to compile a brief “Top Ten Tips” Guide, providing background information on Product Placement, as well as compiling a shortlist of recommended Product Placement agencies.

SPONSORSHIP MODEL CONTRACT 

The ISBA Sponsorship Model Contract was published by ISBA and legal firm Field Fisher Waterhouse in 2001.  It suggests Terms and Provisions for use in Sponsorship Agreements with Clubs, Teams and Individuals. We now seek member in put for an update of the Model contract ant also of the Pitch Guidelines.

If you are an ISBA member please log in and visit the groups member only page

CRR, Product placement, airtime sales and issues of measurement continue to absorb the TV Action Group (TVAG)

The overwhelming view of members, that the Contract Rights Renewal remedy should be maintained, has been represented by ISBA in submissions to Ofcom, The Office of Fair Trading, and The House of Lords.

Members have also been engaged in the implementation of paid product placement, as well as BARB’S implementation of its new TV audience measurement system.

Contract Rights Renewal

One of ISBA’s most significant legacies is the introduction of the Contract Rights Renewal (CRR) price control mechanism, linking the share of budgets ITV can command from advertisers to its audience delivery. ISBA urged its imposition when the two sales houses Carlton and Granada merged in 2003, to form ITV plc.

Despite recommendations made by the Office of Fair Trading (OFT) to the Competition Commission (CC) that CRR should be relaxed in 2009, the CC decided to keep the pricing mechanism, recognising advertiser and agency concerns that ITV clearly continues to have significant market power. The CC rightly acknowledged that developments since its inception in 2003, such as time-shifted and high definition channels, could justify some variation. ISBA collaborated with the OFT and Ofcom to implement suitable adjustments to CRR.

Throughout 2010, the House of Lords Communications Committee conducted an inquiry into the (economic) regulation of TV advertising. Following the Committees’ call for evidence, ISBA provided both a written and verbal response to the inquiry. In February 2011, the Committee published its findings and made three key recommendations; removal of CRR, replaced with “binding undertakings” from ITV to invest proportions of any additional revenues from advertising into creating UK-originated programming and training; harmonization of advertising minutage at an average of seven minutes per hour (same as all public-sector broadcasters (PSBs); and a “short, focused” review of the television trading system, conducted by a "small expert panel".

ISBA dismissed the Lords’ report suggesting that investment in quality content is not a direct substitute for CRR. The Department for Media, Culture and Sport (DMCS) also rejected the House of Lords’ calls for CRR to be abolished, stating its removal would likely result in higher prices.

However, DCMS endorsed Ofcom’s wider review of the television advertising market that was announced at ISBA’s Annual Conference in March 2011. Ofcom’s Chief Executive, Ed Richards, stated that “the time is right to consider whether the current trading mechanism prevents, restricts or distorts competition in the sale of TV airtime.” If the regulator concludes there is a cause for concern, the case will then be referred to the CC to examine. ISBA has responded to Ofcom’s consultation questions, offering the views of its members.

Ofcom TV Airtime Sales Rules

In July 2010, Ofcom undertook the decision to remove rules governing the way TV advertising was sold to media buyers and advertisers. Despite some objections from broadcasters, the Airtime Sales Rules were scrapped from September 2010. The rules were split into two parts – the ‘Withholding Rule’ and the ‘Conditional Selling Rule’ - both intended to ensure fair and effective competition. Advertisers expressed their disappointment and concern at the decision. However, Ofcom said it will monitor the effect of the removal of the rules and warned that broadcasters engaging in "anti-competitive conduct" would face "enforcement action".

Ofcom TV Airtime Trading Review

Ofcom is reviewing the UK’s £3.5bn TV advertising market. Speaking at ISBA’s Annual Conference, Ofcom’s Chief Executive, Ed Richards (ER), stated that the time is right to consider whether the current trading mechanism prevents, restricts or distorts competition in the sale of TV airtime. If the regulator concludes there is a cause for concern, the case will then be referred to the Competition Commission (CC) to examine.

ISBA met with Siobhan Walsh and Jonathan Porter at Ofcom to scope out the likely nature of the review. As expected, the consultation is narrow, focusing specifically on the current trading mechanism(s); not focusing on content issues, such as the quality of programming or linkage to advertising revenue funding.

To launch the Review, Ofcom invited responses to its consultation questions. Within the consultation

questions, Ofcom set out a good understanding of how the market works, and the interactions between its various components. There is also welcome recognition that airtime price rises could pass through to

consumers. This is important because many years back, the ad industry suited its needs of the time by

arguing that they did not and that view has remained.

Whilst the consultation itself is narrow, many of the issues Ofcom highlights concern media agencies'

behaviours and practices: for example, the steeply increasing bargaining power of agencies with both media owners and advertisers; and agencies price discriminating between their advertiser customers under their umbrella deals cover. These are relevant to TV, but of course also span other media. Then there is the developing issue of agency groups becoming media owners, for example by dint of ownership of ad networks.

Having canvassed the views of TVAG members, ISBA made a considered response by the 22nd July deadline. ISBA competition lawyer Michael Hutchings was present to provide advice on Section Seven of the Consultation, which deals with the legal framework.

TVAG members were overall unenthusiastic about a reference to the CC, expressing concern over the likely cost and burden. Industry itself clearly and overwhelmingly considers the market to be working. The market’s operation may appear complex to outsiders but is in fact a sophisticated and highly-evolved way of resolving the needs of its different stakeholders. It would be regrettable for sectoral and competition regulation if onward review or reference were politically motivated.

Following ISBA’s submission, another meeting has been established with Ofcom. The regulator was surprised that there was little enthusiasm from advertisers for a Review, but understood their reasons set out in ISBA’s consultation response.

Ofcom requested an audience with TVAG members and attended its meeting in September 2011 to further investigate the TV trading mechanism, hearing first-hand responses from TV buying advertisers. Ofcom set out the background/context to their Review and identified three key areas of focus; transparency of pricing; bundling and market concentration; and industry innovation.

Ofcom expect to make a decision before the end of 2011. Ofcom highlighted that the threshold for making a referral to the CC is low. However, they are aware that a full CC Review is likely to be time consuming - estimated to last around 18 months up to 2 years. To make a referral, Ofcom must be satisfied that the CC can provide a solution for any problems identified. Given this, Ofcom will also be investigating whether there are alternative means to solve any identified problems.

Measurement of Non-Linear TV

TVAG’s meeting in September 2011 was held off-site at Decipher’s iBurbia Studios, where members gained access to an extensive suite of connect TV devices. Measurement of non linear TV was a central discussion. As the future of audiovisual media becomes more digital, with the increasing adoption of web-enabled set top boxes and televisions, there is greater need to provide more accurate information about the increasingly ‘connected’ audience.

BARB, the organisation traditionally responsible for providing the official measurement of UK television audiences, is progressing with a new measure of TV viewing on PCs, laptops and tablet devices, following the introduction of a web TV-viewing meter to UK households. However, the concept of a standardized online video metric is increasingly becoming distorted by the volume of similar planning tools either already in existence or in the process of being developed. 

UKOM and Nielsen have launched the industry-endorsed tool, VideoCensus, to measure online video viewing on home and office computers. And Google’s is funding the multi-million pound development of a planning tool that tracks consumer behaviour across TV and online media, accessing single-source data – meaning the viewing TV and online habits of the same set of people will be tracked. In efforts to simplify and clarify through a standard metric, the increasingly overcrowded area, is serving to confuse.

Product Placement

After several rounds of consultation, legislation passed to permit paid Product Placement on broadcast media, allowing media owners to access a new source of revenue. Ofcom has outlined the regulations that are to govern the practice with the publication of its new Broadcasting Code rules with respect to Commercial references in television and radio programming. 

News, current affairs and religious content are not to incorporate brands in such a way, a restriction similarly applying to material specifically targeted at children. Alcoholic drinks, tobacco, medicine, baby milk, unhealthy foods and gambling are among the categories prohibited from utilising this strategy.

These regulations came into force on Monday 28 February 2011, and several deals have since been brokered, spanning a range of programmes and channels.