DOCUMENT RESUME - ERIC · DOCUMENT RESUME ED -071 :138 CS 500 114 AUTHOR Powell, Jon T. TITLE Broadcast Advertising of Medical Products and. Services: Its Regulation by Other Nations

DOCUMENT RESUME

ED -071 :138 CS 500 114

AUTHOR Powell, Jon T.TITLE Broadcast Advertising of Medical Products and

Services: Its Regulation by Other Nations.INSTITUTION Federal Communications Bar Association, Washington,

D.C.PUB DATE 72NOTE 35p.JOURNAL CIT Federal Communications Bar Journal; v25 n2 p144-76

1972

EDRS PRICE MF -$0.65 HC -$3.29DESCRIPTORS *Broadcast Industry; Commercial Television; Foreign

Countries; Government (Administrative Body);*Government Role; *Information Dissemination; MissMedia; *Medical Services; Radio; TelevisionCommercials

IDENTIFIERS *Medical Advertising Regulation

ABSTRACTRestraints imposed on medical advertising through the

broadcast media reflect a worldwide concern for public protection ina sensitive area, where problems of ignorance and misrepresentationare enlarged, by false :hope. The author examines the broadcast codesof seventeen free-world nations, with_respect to their provisions onmedical advertising..Areas covered are the nature of the agenciesconcerned with medical advertising; the concept of truth;- testimonialrestrictions; unacceptable terminology; appeals to fear; matters oftaste; and prohibited a_ dvertising..He concludes that the codes havebeen.designed to avoid promotion of medical products and servicesthat are detrimental to public, or that could keep the public fromseeking medical assistance, by conveying false impressions of cure oradequate treatment. (Author /RN)

U.S. DEPARTMENT OF HEALTH.EDUCATION & WELFAREOFFICE OF EDUCATION

THIS DOr.IMENT HAS -BEEN REPRO.DUCED ExACTLY AS RECEIVED FROMTHE PERSON OR ORGANIZATION ORIG.INATING IT, POINTS OF VIEW OR OPIN.IONS STATED DO NOT NECESSARILYREPRESENT OFFICIAL C'FICE OF EDLICATION POSITION OR POLICY.

! re%

1.4 FEDERAL COMMUNICATIONS.---1s c) BAR JOURNALow vol. XXV 1972 No.2

TABLE OF CONTENTS

ARTICLES

The Emerging Role ofCitizens' Groups inBroadcast Regulation 82

Don't Go Near the Water 111

The Games Consumers Play:"Giveaway" and The LawA Conflict of Policies 121

Broadcast Advertising ofMedical Products andServices: Its Regulationby Other Nations 144

Published 3 times yearly by the Federal Communications Bar Association. Theviews expressed in matter printed herein are not to be regarded as those of theBar Association unless so stated. Price to non-members $2.00 per copy, $5.50per volume. Copies of the Federal Communications Bar Journal are available onmicrofilm from University Microfilms, 300 N. Zeeb Road, Ann Arbor, Michigan43106.All communications concerning the content of the Journal should be addressedto the Editor-in-Chief at 1225 Connecticut Avenue; N.W., Washington, D.C.20036.

rl

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The Federal Communications Bar- Association

Organized-1936 Incorporated-1943

"To promote the proper administration of the federal lawsrelating to wire and radio communications, and of relatedacts; to uphold the honor and dignity of practice before theFederal Communications Commission and to increase theusefulness of the practitioners in promoting thedue admin-istration of justice; for the mutual improvement and socialintercourse of the members of the Association; and toestablish, own and maintain a library for their use and refer-ence."

Officers, 1972-73EUGENE F. MULLIN, PresidentMARCUS COHN, 1st Vice Pres.JACK P. BLUME, 2nd Vice Pies.EDWARD W. HUMMERS, JR., SecretaryLINDA A. CINCIOTTA, Asst. SecretaryDAVID H. LLOYD, Treasurer

Executive CommitteeOfficers Ex Officio andMICHAEL H. BADERJOHN P. BANKSON, IR.HAROLD J. COHENALOYSIUS B. McCABEALAN Y. NAFTALINEDWARD P. TAPTICHTHOMAS H. WALL

Federal Communications Bar Journal

Suzanne Meyer, Editor-in-ChiefWilliam M. BarnardRobert A. BeizerMarvin J. DiamondHerbert E. ForrestErwin G. Krasnow

B. Dwight PerryMarjorie S. ReedWilliam S. Reyner, Jr.Richard F. SwiftDaniel W. Toohey

Richard D. Marks, Business Manager

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-PERMISSION TO REPRODUCE THIS COPY. OF EOUCATION FURTHER REPRODUCTIONRIGHTED MATERIAL HAS BEEN GRANTEO OUTSIDE THE ERIC SYSTEM REOUIRES PERBY Jon T. Powell MISSION OF THE COPYRIGHT OWNER

144

BROADCAST ADVERTISING OF MEDICALPRODUCTS AND SERVICES: ITS REGULATION

BY OTHER NATIONS

Jon T. Powell*

Few issues stir more controversy among broadcastersthan federal regulation of advertising. The constitutionalprotection of the First Amendment and basic concepts ofthe free enterprise system have left United States broad-casters relatively free of formal external restraints overbroadcast commercials. General as well as specific guidelineson the subject, which- have been outlined in the NationalAssociation of Broadcasters' Code,' continue to remainpractical matters Of self-regulation. Any suggestion of fed-eral regulation of broadcast advertising, beyond that in-volving fraud and clear public danger, is met as a threat to abasic freedom.

However, other free world nations who share the sameconcern for protecting freedom of expression, have imposedspecific conditions on broadcast advertising, particularly inthe area of medical products and services. This article willexamine these regulations in order to provide a clear under-standing of the nature and scope of government control inthis area.

The seventeen nations' which are the subject of thisstudy reflect great differences in culture, size and location.Such a broad representationl has several advantages. Whileany wide descrepancy in regulation due to cultural dif-ferences becomes more apparent, so does any similarity ofregulatory principle. A wide sample of nations also offers

*Associate Professor, Department of Speech Communications, NorthernIllinois University.

' NAB Code Authority, Broadcast Self Regulation: Working Manual of theNational Association of Broadcasters (1971).

2 Australia, Barbados, Canada, Cyprus, Finland, Great Britain, Hong Kong,Ireland, Kenya, Kuwait, Malaysia, Malta, New Zealand, Northern Nigeria, Singa-pore, Southern Yemen, and Trinidad and Tobago.

145 FEDERAL COMMUNICATIONS BAR JOURNAL

greater opportunity for examining in detail the specificityof these regulations. In few other areas does one find suchspecific controls as -those governing the broadcast adver-tising of medical products and services.

There are a number of similarities -to be found amongthe countries included in this study. One is the role of -thegovernment in the regulation of broadcasting. Although thebroadcast systems operate. as autonomous or semi-autonomous services, the regulations governing medicaladvertising generally represent official acts. Thus, this studydoes not examine matters Of self-regulation, but officialregulations, carrying the weight of external enforcement.

Another similarity is the common respect for freedomof expression, which is nonetheless subject to the carefulexercise of restraint in medical advertising. The broadcasteris required to follow official regulations as a matter ofpublic responsibility to protect the audience from exploita-tion in this particularly sensitive area.

In an attempt to achieve some perspective for a verybroad topic, this study will center each discussion around anexamination of British regulations. The areas to be coveredare the nature of the regulatory agencies concerned withmedical advertising; the concept of truth; testimonial restric-tions; unacceptable terminology; appeals to fear; taste; andprohibited advertising.

The Regulatory AgenciesEnforcement of advertising codes by the nations in this

study is carried on by governmental agencies. Regulationsgoverning medical advertising are interpreted, enforced (andoften initiated) by these agencies. A brief look at some ofthese governing bodies will indicate the nature of officialcommitment to such regulation.

With the passage of the 1954 Television Act, the BritishParliament established a commercial television systemwhose income was to be provided only by advertising, andsubject to careful regulation. The Television Act created theIndependent Television Authority (ITA), whose Chairman,

MEDICAL ADVERTISING 146

Deputy Chairman and nine members are appointed by theMinister of Posts and Telecommunications. This Authority,responsible for regulating commercial Independent Televi-sion (ITV), exercises control over medical advertisingthrough an Advertising Advisor' Committee and a MedicalAdvisory Panel, whose members a. appoints.

The Advertising Advisory Committee has eleven mem-bers under a chairman who "should be independent of anyfinancial or business interest in advertising."' Of the presenteleven members, one is a former Chairman of the Federa-tion of Women's Institutes; one is the Secretary of a largeconsumer group; one is a journalist with a special interest inconsumer affairs; and four members come from organiza-tions concerned with advertising standardsthe AdvertisingAssociation, the Institute of Practitioners in Advertising, theIncorporated Society of British Advertisers, and a commit-tee of press, periodical and advertising interests interested involuntary control of medical advertising in all media. Theremaining four members deal principally with medicaladvertising. They come from the Ministry of Health, theBritish Medical Association, the British Dental Association,and the Pharmaceutical Society. All are appointed asindividuals and do not act as representatives of the bodieswho nominated them, but represent both the public andorganizations dealing with advertising standards, includingmedical and surgical advertising. Their duty, under Section9(2) of the 1954 Television Act, is to give advice to theIndependent Television Authority (ITA), which governscommercial television.

The Medical Advisory Panel includes seven ITA ap-pointees, four general members representing the fields ofmedical, pharmacology, chemistry, dentistry and veterinaryscience; and four "second opinion" consultants in pedi-atrics, gynecology, dermatology, and ear nose, and throat.This panel provides the ITA with advice on advertising of

'Independent Television Authority, "Advertising Control," ITV 1971:Guide to Independent Television 116 (January, 1971).

a.


medicines, medical and surgical treatments, medical appli-ances, toilet products claiming therapeutic or prophylacticeffects, medicines and medical or surgical treatments forveterinary purposes, as well as any other advertising. Since1964, the Medical Advisory Panel has, in effect, been"licensing" the purposes for which acceptable medicinescould be offered with reasonable safety on televisionaccording to the members' expert opinions as well as generalmedical opinion.'

Lord Aylestone, Chairman of the Independent Tele-vision Authority, describes the duties of ITA with regard tothe general regulation of advertising ,!s:

First: to exclude from television any advertisementthat would be likely to mislead;

Second: to draw up a code of advertising standards andpractice, setting out the rules of behavior andlaying down the methods of advertising thatwill not be acceptable; and

Third: to secure compliance with the code.'He goes on to emphasize that the Medical Advisory

Panel must clear all medical advertising. "Every medicaladvertisement, and even advertisements for such things asdandruff shampoos and fluoride toothpastes, has to becleared with this Panel."6

This description of the procedures for evaluating theacceptability of medical advertising tells only part of thestory: the activity they generate indicates more clearly thenature of their application. Sir John Richardson, a memberof the ITA Medical Advisory Panel, offers this description:

Naturally enough, the advertisements for, pro-prietary medicines come under the closest scrutinyId. Such a practice is further supported by the Mediciner Act of 1968,which requires a prod.. ct to be licensed before it is marketed to assure itsefficacy and quality.Lord Aylestone, "Television through Advertising," ITA Notes 18 4(April, 1970).Id.


of all. Amongst the 6,700 original scripts, 670(10%) were for advertisements- that called for con-sultation with the medical advisory panel .

The controls rule out hormone treatments, pileointments, contact lenses, copper bracelets, andanything called a "tonic". Even so, of the 205scripts for the 21 proprietary medicines that wereacceptable in principle, the advertisers were askedto change one script in every four. This removedclaims that seemed to have been pushed too far;stopped references to symptons for which thedrugs were not indicated; and got rid of ambig-uities that might have been materially misleading.Occasionally, where there are special difficulties,an ITA consultant might meet a manufacturer'sown medical experts to straighten out any impor-tant point at issue. Normally, however, the discus-sions with advertisers and their agencies are amatter for the staff of the ITCA [Independent Tel-evision Companies Association J and neither theynor the staff of the Authority will approve any-thing in an advertisement to which the Medical Ad-visory Panel takes exception.

Having received official approval of their scripts,the advertisers produce their filmed commercials.All of these are seen on closed-circuit television bythe control department of the Authority and theprogramme companies to make sure they are inline with the approved scripts and to check thatnothing unforeseen has come into the advertise-ment during production. The film-makers, whilesticking to the script, may have produced a medicalcommercial that is over-dramatictoo "doomladen" in its tone, style or background music; or,by mere emphasis on a word, or hesitation betweentwo phrases, a new, unexpected and unacceptableimpression may have been created. About 2% of


the films need minor editing by the advertisersbefore they are finally accepted for broadcasting.'Although most nations in this survey have not estab-lished as elaborate a system as Great Britain has, all do havespecific conditions to assure some official review of medicalcommercials before airing. Such review is usually outlined inthe national broadcast laws.Australia, which allows Commercial radio and televisionbroadcasting as well as supporting a public service in bothareas, has specific procedural regulations to control medicaladvertising in its Broadcasting and Television Act. Section100 of this Act provides as follows:(6.) A licensee shall not broadcast or televise anadvertisement relating to a medicine unless the textof the proposed advertisement has been approvedby the Director-General of Health, or, on appeal tothe Minister under this section, the Minister.(7.) The Director-General of Health may delegateto a medical officer of a State his power under thissection to approve the text of an advertisement.(8.) Any such delegation is revocable in writing atwill and does not prevent the exercise of a powerof the Director-General of Health.(9.) A person may appeal to the Minister fromany decision of the Director-General of Health orof a delegate of the Director-General of Healthunder this section.8The Australian Broadcasting Control Board (ABCB),which oversees all commercial and non-commercial radioand television services, assures government supervision ofmedical advertising, since advertising is subject to standardspublished by the ABCB.

'Sir John Richardson, "Medical Advertising Control," ITA Notes IS 34(August 1969).`Commonwealth of Australia, Broadcasting and Television Act of1942-1965 at 54.


However, though these guidelines may be specific, theydo not limit the interpretative powers of the Director-General of Health, whose prior approval of medical adver-tising is necessary:

Notes for those who prepare medical advertise-ments have been prepared by the Director-Generalof Health and are incorporated in the Book ofTelevision Programme Standards .issued by theAustralian Broadcasting Control Board.It is essential for the acceptance of any medicalcommercial for television_that the television stationbe provided with a statement indicating that theapproval of the Director-General of Health hasbeen obtained and the date of approval.9In a similar but more specific manner, the Hong Kong

Television Authority, a governmental agency, issues a codewhich rules that athertising for certain medical productsrequires the prior approval of the Director of Medical andHealth Services.' ° In Canada, both private and state broad-cast systems are regulated by the same governmentalagency the Canadian Radio-Television Commission(CRTC). Medical advertising must have prior approval of theDepartment of Health and Welfare." The Cyprus Broad-

'Federation of Australian Commercial Stations, "Medical Advertising,"Television Advertising Board Advertising Regulations at 9-10.

° See Hong Kong Television Authority, Television Advertising StandardsCode of Practice 2. Categories of products whose advertisement requires suchprior approval include mixtures, powders, tablets, lozenges or any product to betaken by mouth for therapeutic use; drops or paints, such as eye, ear or nosedrops or throat paints; ointments, creams, pastes or powders for external thera-peutic use; liniments or any product to be rubbed on; injections; tooth pastes orany type of dentifrice claiming cure of decay or mouth conditions; and hairrestorers. Some categories of products do not require prior approval: beautycreams; baby powders, deodorants; and foods which claim only to provide abalanced diet or to gise calorific value.

'' "No articles to which the Proprietory or Patent Medicine Act of theFood and Drug Act applies, and no recommendation for the prevention ortreatment of illness, may be advertised without the prior approval of the Depart-ment of Health and Welfare." Canadian Broadcasting Corporation, GeneralAdvertising Policy on Medicinal Products 1 (January, 1970).


casting Corporation, which has charge of both radio andtelevision in that nation, exercises stricter control overmedical commercials than other forms, specifically reserving"the right to amend, supplement or delete" any of the con-ditions governing the acceptability of such advertising.Periodic. review is also noted as part of the supervisory pro-ced u re.' 2

The Radio Eireann Authority of Ireland exercises strictcontrol of medical advertising under statutory authorityprovided by the Broadcasting Authorstv Act, 1960)3 Incontrast, in Kenya the entity describing itself as a "PublicService Broadcasting Organization" accepts 'commercialadvertising, but simply notes that "there are no writtenregulations governing commercial advertising."' 4 Similarly,while the State of Kuwait Ministry of Guidance and Infor-mation exercises final judgment on the acceptability of alladvertising, little space is given specifically to medicalproducts or services.' s

Malaysia, which began commercial radio broadcastingin 1962 and commercial television in 1965, controls adver-tising through the governMent's Ministry of Informationand Broadcasting.' 6 Radio Malaysia (which operates bothradio and television) has the right "to sub-edit reasonablyany advertising material without prior reference to theadvertiser or his agent" to assure conformity with its code, adetailed set of instructions covering all phases of contractualarrangements and the production of commercials.' '

The Advertising Council of the Minister of Culture,Recreation and Social Work supervises broadcast advertising

' Cyprus Broadcasting Corporation, Code of Advertising Standards forRadio and Television (June 29, 1967)."SeeSee Telefis Eireann, Code ofStandards for Television Advertising.' `Letter from J.R. Kangwana, for the Director of Broadcasting, --'oice ofKenya, to Jon T. Powell, February 19,1970.' 7 Kuwait Ministry of Guidance and Information, Rules and Principles forAcceptance of TV Advertisements (1970),i 6 Radio Malaysia, Talivishen Malaysia (1969)."Radio Malaysia, Copy Code 8 (September 1,1966).

MEDICAL ADVERTIS1Nr 152

in The Netherlands. The Broadcasting Act of May. 1969gave exclusive regulatory responsibility for radio and tele-vision advertising to the Foundation for Broadcast Adver-tising (Stitchting Ether Reclame-STER), which has a govern-ing board consisting of representatives from industry,business, and the press. STER has charge of approving,preparing and scheduling- commercials. In carrying out itsmission, STER is responsible to the Advertising Council.whose task it is to supervise the implementation uf regula-tions for broadcast advertising. Actual operational super-vision is entrusted first to STER, and "in exercising thissupervision STER shall confine itself to refusing thoseadvertisements submitted to it which are prima faciecontrary to public order and morals or to the Regulationsfor Dutch Radio and Television Advertising drawn up bythe Advertising Council," although appeal from STER deci-sions is possible through an Advisory Board appointed bythe Advertising Council.' 8

=Under the terms of the Broadcasting Authority Act of1968, the New Zealand Broadcasting Authority determinesthe principles and regulations which the New ZealandBroadcasting Corporation (NZBC) must follow in acceptingadvertising. In addition to developing principles of adver-tising acceptability, NZBC is also bound by various actshaving direct application to radio and television advertising,such as the Medical Advertisements Act (1942), StockRemedies Act of 1934 and the Food and Drug Regulationsof 1946.'9

In Nigeria, a 'Code of Principles and Standards of Con-duct and Practice" governs the operation of Nigerian broad-casting. This ensures the Nigerian Broadcasting Corpora-tion's adherence to specific as well as general instructions.

"TheThe Advertising Council, Radio and Television Advertising Regulations1970 9 (1970). See also, "Television and Radio Advertising in the Netherlands(1970)," Broadcasting in the Netherlands 3 (January, 1970).

"See New Zealand Broadcasting Corporation, Advertising: Conditions andStandards.


The company, however, determines the acceptability ofadvertising mat ter.2 °

in Singapore, any aspect of _medical- advertising notcovered by the Program Code is subject to final- rule by agovernment= agency :

In the interpretatiOn of this Program Code- or anypart Of it, or in any operation or matter not specif-ically covered by this Cede, the decision of theHead of Broadcasting Division, Ministry of Culture,shall be final and binding. The signing of any con:-tract for the use of air time shall be deemed toconstitute acceptance of this condition by theparties to such contract and their agentS.2 'The full circle is reached with the Trinidad and Tobago

Television Company, which has adopted the recommenda-tions of the Advertising Advisory Committee of GreatBritain's ITA. However, this island service notes that theremay be special local conditions and laws which must beconsidered also.2 2

AlthOugh the regulatory sirVeletileg"f6Vontrol medicaladvertising thus vary widely, they generally tend to empha-size a statutory or official status. Their regulatory efficacymay be judged by the specificity of their regulations. Theremainder of this study explores those regulations, begin-ning with the matters of -defining acceptable margins oftruth in medical advertising.

Margins of TruthThe regulation of truth in broadcast advertising may bedescribed as the effort to avoid presentational techniques,statements, or language designed to create a false or mis-

20See Broadcasting Company of Northern Nigeria Ltd., Code of Principlesand Standards of Conduct and Practice for Broadcasting in Nothem Nigeria.

"State of Singapore Ministry of Culture, Broadcasting Division, PT,-gramme Code at 2.22 See Trinidad and Tobago Television Company, Ltd., Principles of Tele-vision Advertising.


leading impression about the efficacy or acceptability of amedical product or treatment. The basic issues of suchregulation- arise from the effort to achieve a balancebetween the rightful persuasive message of the advertiserand the unacceptable omission or distbrtion which= Couldendanger a reasonable but not necessarily informed public.

Great Britain's 1954 Television Act grants to the In-dependent Television Authority the power to exclude fromtelevision any advertisement that could reasonably be saidto be misleading. In dealing with the advertising of medi-cines and .treatments, the ITA follows The IndependentTelevision Code of Advertising Standards and Practice,which specifically identifies questionable promotional oradvertising techniques. For example, under the heading,"Avoidance of Impression of Professional Advice," theCode provides:

In advertisements for medicine, treatments andproducts which are claimed to promote health orbe beneficial in illness, the following are not allow-able:a. visual presentation of doctors, dentists, phar-

maceutical chemists, nurses, midwives, etc.,which give the impression of professional ad-vice or recommendation, and

b. statements giving the impression of profes-sional advice or recommendation made bypersons who appear in the advertisements andwho are presented, either directly or by impli-cation, as being qualified to give such advice orrecommendation.

To avoid misunderstanding about the status of thepresenter of a medicine or treatment, it may benecessary to establish positively in the course ofthe advertisement that the presenter is not a pro-fessionally qualified adviser.' 3

_'Independent Television Authority, ITV 1971: Guide to IndependentTelevision 125 (January, 1971).

4


The truthfulness of evidence supporting the value of amedicine is also subject to stringent regulation. Commercialsare not allowed to contain any reference "to a-hospital testunless the Medical. Committee of the hospital is prepared tovouch for its validity."24 Further, the Code requires thatany medical statement or other tests contained in advertise-ments must be substantiated by authoritative evidence.

In the section of the Australian Broadcasting ControlBoard's Television Program Standards dealing with medicaladvertising, truth is explicitly required:

No matter shall be included which in any waydeparts from truth as to the composition, charac-ter, or action of a product or method of treatmentor its suitability for the purposes of which it isrecommended. No untruthful implications shouldbe imparted into any advertising MatterAny implication that a product or method of treat-ment is used or recommended generally bydoctors, dentists or hospitals will not beallowed . . .No manufacturer or distributor of proprietarymedicines should without authority use any title,description or address which may lead persons tobelieve that the product recommended emanatesfrom any hospital or official source, or is otherwisethan a proprietary medicine advertised by a partic-ular manufacturer for the purpose specified . . .2 S

The Cyprus Code of Advertising Standards for Radioand Television contains a number of references to truth, andindeed begins with a preamble stating that all broadcastadvertising should be "truthful." It goes on to provide:

No advertisement, taken as a whole or in part, shallcontain any spoken or visual presentation of the

24,k1.2S Commonwealth of Australia, Television Programme Standards 22.23(1967).

MEDICAL ADVERTISING 156 ,

product or service advertised, or statement of itsprice, which directly or by implication misleads.In particular:(a) Special-Claims: No advertisement shall containany reference which is likely to lead the public toassume that the product advertised, or an ingre-dient, has some special quality or property which isin fact unknown, unrecognized or untraceable.26 -The Television Authority of Hong Kong provides a

series of ten explicit regulations bearing directly on truth asa standard of advertising. Regulations particularly germaneto medical advertising include the restriction that testi-monials by a medical doctor are prohibited, as are "anyimplications that a product or method of treatment is usedor recommended generally by doctors, dentists, or hos-pitals . ."2 7 Furthermore, no manufacturer or distribu-tor . . . "should use any title, description or address whichMay lead persons to believe that the product recommendedemanates from any hospital or official source."2 8 Alsoapplicable are the restrictions on generalizing: advertisingmay not include

(a) General statements not properly qualified;(b) Statements directly stating or implying that

"all" of a certain group of diseases will becured by the preparation;

(c) Statements directly stating or implying that"all" diseases are due to a particular cause. Forexample(a) "All skin rashes and blotches are the

direct result of improper eating of foodsand the improper combination of foods."

(b) "If your body has the right food, and2 6 Cyprus Broadcasting Corporation, Code of Advertising Standards for

Radio and Television 1 (June 29, 1967).2 Hong Kong Television Authority, Television AdvertisingStandards Code

of Practice 2 at S.281d.


digests that food properly, then you willbe perfectly healthy."2 9

In its Code of Standards for Television Advertisingunder the general heading "False or Misleading Adver-tising," Irish Television rules -that "No advertisement shallcontain any element of spoken or visual presentation whichis calculated to mislead the viewer, either directly or byimplication, with regard to the merits of the product orservice advertised."3° In the section governing medicaladvertising, the statement is made that IT] he fact thatserious harm may result to the individual from exaggerated,misleading or unwarranted claims necessitates the main-tenance of a very strict standard in relation to the adver-tising of medicines and treatments, particularly ontelevision."3 ' In consequence, the Code prohibits advertise-ments of products in such manner as to mislead the publicas to an asserted unknown or special nature thereof, nordoes it allow any form of imitation which might mislead theaudience. Finally, the Irish Code rules -that no medical claim"should contain any matter which directly or by implica-tion [might] mislead or depart from the truth as to thecomposition, character or action of the medicine or treat-ment advertised or as to its suitability for the purpose forwhich it is recommended." No illustration alone or incombination with words should be allowed if it "is likely toconvey a misleading impression."3 2

The Netherlands Code discusses the regulation of truthin medical advertising under the heading "No quasi-scien-tific treatment:"

In commercial broadcasts, scientific terminology,statistics and quotations must be used with greatcircumspection, so as to avoid confusion of ideas.

29/d.39 Telefis Eireann, Code of Standards for Television Advertising at 4."Id. at 8."Id. at 8-9.


In commercial broadcasts it shall not be permis-sible to use jargon, description, pictures or imageswhich are obviously designed to suggest in a_ quasi-scientific or misleading way the existence in goodsor services of qualities they do not possess.If statistics with= limited validity are used, thislimitation shall be clearly expressed.It shall not be permissible to refer in commercialbroadcasts to tests, opinions and assessments ofproducts published by consumer organizations en-gaged in comparative, product testing. This prohibi-tion shall not apply to researches commissioned, byor on behalf of the advertiser.Advertisers, or their advertising agencies, shall, atthe request of, and to the satisfaction of, theAdvertising Council prove the correctness .of thedescriptions, quotations, pictures and/or imagesused in a commercial broadcast if these are chal-lenged.3 3

New Zealand also provides specific restraints on decep-tion in medical advertising. Under the Food and Drugs Act(1947), "no advertisement shall directly or by implica-tion . . . deceive a purchaser with respect to the propertiesof a . . . . drug."3 4 The Medical Advertisements Regulations(1943) rule that no medical advertisirig shall directly or byimplication:

. . . Claim that a product is used or recommendedby medical practitioners, dentists, chemists, nursesor masseurs, or by persons described as "doctors","scientists", "professors" or other titles implyingexpert knowledge, except in the case of a named

"The Advertising Council, Radio and Television Advertising Regulations19 70 3 (1970).

34New Zealand Broadcasting Corporation, Requirements for AdvertisingMaterial at 6.


individual who is or was a medical practitionerregistered in some part of Her Majesty's dominions;

. claim- that a product is a universal panacea or isinfallible in its action;

. make a statement that is false;. . . make a claim that is not based on an honestbelief held on reasonable ground by the advertiser;. . . make a claim or statement that is likely to mis-lead or deceive.3 5Truth, as a condition of acceptable advertising, is

included in the Malaysian Code with the statement that noadvertising material will be accepted if it "contains exag-gerated or superlative claims or misleading statements."Like the Singapore Code, the Malaysian regulation furtherrefines its ruling:

No advertising shall contain any matter which inany way departs from truth as to the character ofthe product or its suitability for the purpose forwhich it is recommended. Further, no untruthfulimplications may be imported into any advertisingmatter.3 6

Kenya simply requires advertisements to refrain fromany suggestion, implied or otherwise, that medicines cancure, "whether such medicines are produced by trainedpharmacists; or traditional herbal doctors. "37 In describingunacceptable commercial material Kuwait forbids:

Anything which contradicts with entire frankness.Concealing of certain facts which, had they beendisclosed to the public, make the public abstainfrom buying the product advertised, shall be con-

351d. at 8.3 6 Radio Malaysia, Copy Code 9 (September 1, 1966)."Letter from J.R. Kangwana, for the Director of Broadcasting, Voice of

Kenya, to Jon 'T. Powell, February 19, 1970.


sidered as contrary to the principle of truth andhonesty of advertisement.Deceiving or misleading or exaggerated advertise-ments.

The information, drawings, 'forms or photographswhich confuse and mislead the consumers aboutproducts or services other than those advertised.Any description which, directly or by implication,indicates to another advertiser or compares, direct-ly or by implication, between these products andservices and those of other advertisers. In otherwords, and to be more strict, the advertising stan-dards concerning the advertisement shall beobserved.3 8

In most instances, the regulations go much further thandealing with truth in general or abstract form. Beyond state-ments emphasizing the necessity for adherence to reality, aninsistence upon openness and avoidance of deceit, the codesidentify specific areas whose content requires careful con-trol. One concern is the testimonial.

Testimonial RestrictionsThe regulations governing the character and use of the

testimonial vary widely. Some broadcasting authorities suchas those in Hong Kong, Finland and New Zealand, generallyforbid such statements: "testimonials by any medicaldoctor will not be permitted ;"3 9 "any implication that aproduct or method of treatment is used or recommendedgenerally by doctors, dentists, or hospitals will not beallowed;"4 ° or "there should be no reference to any paid

3 8 Kuwait Ministry of Guidance and Information, Rules and Principles forAcceptance of TV Advertisements 7 (1970).

"Hong Kong Television Authority, Television Advertising Standards Codeof Practice 2 at 5.

" Id.


testimonial." ' Finland's regulations on the subject providethat "[ I t is forbidden for a medically trained person toparticipate in the advertising of a product or service, or for aperson advertising a product or service to be represented asmedically trained.' 2

A medical doctor, when permitted in a testimonial,must be a licensed practitioner and his testimony direct,with no content in the commercial implying any generalmedical approval. In such instances, the regulations gov-erning the testimonial may be extremely detailed.4 3

When testimonials are permitted by persons other thanmedical doctors, care is taken to assure their authenticity.This practice is followedin The Netherlands:

The mentioning or quoting of testimonials, attesta-tions or certificates in commercial broadcasts mustbe true and correct as regards the person whoissued the relevant certificate. It shall not be per-missible to use testimonials, etc., which are morethan three years old, or which were given bypeople meanwhile deceased. The use of testi-monials, etc., shall be prohibited if an essential and

" New Zealand Broadcasting Corporation, Advertising: Conditions andStandards at 30.

1 2 OyMainos-TV-Reklam AB, Principles for TV Advertising in Finland 4(1969).

4 3 An example of such detailed restrictions is to be found in the regulationsof the Australian Broadcasting Control Board, which provide in part: "Whenany testimonial is used, it must have been honestly obtained and must belimited to the actual views of the used. No testimonial should be used which hasbeen paid for .... No testimonial given by a foreign doctor should be in anyway used so as to imply that the doctor is a British doctor .. .. No testimonialgiven by a person holding the title of 'doctor', who is not a doctor of medicine,should be used without a definite statement of the profession or cult in whichthis person holds title .... Any reference to a published statement will be dis-allowed if the passage has been removed from its context so that its originalsense is distorted, or so that it is applied to support the advertiser's interests in amanner not contemplated by the original author .... Any implication that aproduct or method of treatment is used or recommended generally by doctors,dentists or hospitals wilt not be allowed." Commonwealth of Australia, Tele-vision Programme Standards at 22-23.


relevant change has occurred in scientific views, inthe technological situation or in the compositionof the product since the time when the testimonialwas given .. . .

CommentaryWhen the advertising film or tape is submited theRadio and Television Advertising Foundation(Stichting Ether Reclame "STFR ") must be in-formed in writing of the address of the person whogave the testimonial, etc. The actual testimonialmust be made available to STER.4 4

The Canadian Broadcasting Corporation's commercialpolicy provides examples of acceptable and unacceptabletestimonials, carefully distinguishing between a testimonialand an endorsement, a fine distinction not found elsewherein this study. A testimonial is defined as:

. . a statement in support of an advertiser's goodsor services that goes beyond a simple endorsementin content, tone and emphasis. The person deliver-ing a testimonial in a commercial message usuallymakes a reference to the problem or difficulty heencountered before using the advertiser's product,and goes on to describe the improvement broughtabout by the use of the advertiser's product. Inother words, he makes a claim for the effectivenessof the product."An endorsement, on the other hand, is defined as "a

simple, concise statement of recommendation."'" Testi-monials may not be used in advertising medicinal productsor health studios, while endorsements may be so used.

While there is no outright ban on the use of testimo-nials in medical advertising in Great Britain, advertisements

"The Advertising Council, Radio and Television Advertising Regulations1970 3-4 (1970).

"Canadian Broadcasting Corporation, General Advertising Policy onMedicinal Products 2 (January, 1970).

*6/d.

I


containing testimonials by unregistered practitioners mustindicate that the doctor is in fact unregistered. Testimonialsby persons "well known in public life, sport, entertainment,etc_" are prohibited. Further, any reference to college,hospital, clinic, institute, laboratory or any similar establish-ment must correspond to a bona fide establishment.Authenticity is required:

There shall be no implication that the announcer isa doctor or dentist nor shall the background or setimply in any way that the announcement is beingmade from the professional rooms of a doctor ordentist or from a hospital.' 7The major theme underlying the regulations is the con-

cern that the testimonial be what it is supposed to beanindentifiable, accurate, and authentic expression of opinion.In general, the regulations of those nations permitting theuse of testimonials were strict in order to assure that theopinion presented as coming from a medical authority wasjust that and nothing more; that the opinion expressed wasnot paid for; and that there existed documentary evidenceto substantiate the claims made.

The official exercise of control over truth and testi-mony in medical advertising has another facet. Since the useof language is so clearly related to the veracity of the per-suasive message, the codes also included references toterminology, both unacceptable and acceptable.

"Independent Television Authority, "Advertising Contiol," ITV 1971:Guide to Independent Television 126 (January, 1971). Lord Aylestone gives thisdescription of the !TA's concerns: "Amongst its [ITA's medical advertisingregulations'] many provisions is a ban on the use of doctors or people actingthe part of doctors to present claims for medicines. That is why, when you seein a medical advertisement a dignified 'presenter' who looks more like a doctorthan any doctors you have ever met, you will find him clearly labelled as a 'SalesManager' or 'Marketing Executive.' if you think he is a doctor after that, thenthere is nothing much we can do for you." Lord Aylestone, "Television throughAdvertising,"ITA Notes 18 5 (April, 1970).


Unacceptable TerminologyA number of the nations' medical advertising codes

identified specific words and phrases, some of which wereprohibited while others were described as acceptable undercertain specified conditions. In Great Britain, the ITA con-cerns itself with both categories. An outright ban exists onsuch terms as "tonic" which "is not acceptable for medi-cines or treatments or products for which medical or healthclaims are made." A like ban exists for copy which is exag-gerated by the improper use of words such as "magic","magical", "miracle", "miraculoui".4 8

Other nations are similarly concerned. Australia (likeHong Kong) has specific regulations banning the use of anysuperlatives such as "the best," "the most successful,""superb," "quickest," and those statements which implywithout qualification that all diseases of a certain type willbe cured or that all diseases of a particular group have a par-ticular cause. To avoid misunderstanding, other words, suchas "vitality," which could have interpretations not intendedby the advertiser, are banned. Beyond the concern foravoiding the injudicious use of superlatives, however, care istaken to avoid permitting advertising to include any implica-tion whatsoever that non-prescriptive medicines cure orhave special curing power." The Australian code also bansdescriptive variations which imply a reason for the reli-ability or efficacy of a medicine:

One particular form of advertising should not beused. This form attempts to convey the impression

" Independent Television Authority, "Advertising Control," !TV 1971:Guide to Independent Television 125 (January, 1971). Use of the term "tonic"was banned by most nations.

"See Commonwealth of Australia, Television Programme Statidards at26-27, for examples of expressions which should not appear in broadcast adver-tising: "the only preparation which will achieve a certain result; a `certain' or`unfailing' remedy for any particular purpose; nature's own remedy; Australia'snational remedy; one dose will immediately; never fails; you can always dependon; used by more persons than any other preparation of its kind; there's nothingbetter than..."


that the preparation is a secret held by the manu-facturers as the result of years of devoted andpersistent research on the part of eminent scientistswho are at last able to present the nation withwonderful results.An alternative method of conveying the same ideasand equally to be avoided is that the formula is onethat is "centuries old", "was known to theancients", and it is occasionally suggested that ithas been lost for centuries and only just now redis-covered.s°Malta and Cyprus, as well as the other nations, are care-ful to consider the possible misuse of scientific language

which could lead the non-technical public to draw invalidconclusions:

Statistics, scientific terms, quotations from tech-nical literature and the like must be used with aproper sense of responsibility to the ordinarylistener. The irrelevant use of data and jargon mustnever be resorted to in order to make claims appearmore scientific than they really are. Statistics oflimited validity should not be presented in such away as to make it appear that they. are universallytrues'Ireland, like England, orbids the use of such terms as"magical" or "miracle" on the grounds of improper exag-geration. Other terms which are banned for Irish television

include those used in claims for products for women whichcould be described to imply effectiveness in inducing mis-

sold.s s Malta Broadcasting Authority, Annual Report and Accounts 1967-68 48(1968).

11


carriages.s 2 Further, "EN] o advertisement should claim orsuggest, containing to the fact,. tA.at me article advertised isin the form in which it occurs in nature or that its valge liesin its being a 'natural' product."' 3

In many nations, use of the word "cure" has beenstrictly limited. Great Britain bars the use of this or anysimilar term"Advertisements should not contain any claim(directly or by implication) to extirpate any ailment, illness.disease or symptom of ill-healthl" as does Ireland.Cyprus has a similar. regulation which prohibits advertise-ments from containing

. a claim to cure any ailment or symptoms ofill-health, 1101 should an advertisement contain aword or expression used in such a form or contextas to mean in the positive sense the extirpation ofany ailment illness or diseases sOn the other hand, the Australian code indicates that

there may be permissible use of this term: "The word 'cure'or any visual implication that the proprietary medicine willdefinitely cure the condition prescribed, will very rarely bejustified. The use of this word and such pictorial matter willbe critically examined.""

Hong Kong regulations offer more extensive qualifica-tions for the use of the word "cure." After first presenting

"Similarly, a regulation entitled "Sexual Weakness, Premature Ageing,Loss of Virility" provides: "No advertisement should claim that one product,medicine or treatment advertised will promote sexual virility, or be effective intreating sexual weakness, or habits associated with sexual excess or indulgence,or any ailment, illness, or disease associated with those habits. In particular,such terms as 'premature ageing', 'loss of virility' will be regarded as conditionsfor which medicines, products, appliances or treatments may not be advertised."Telefis Lireann, Code of Standards for Television Advertising at 10.

"Id." Independent Television Authority, "Advertising Control," ITV 1971:

Guide to Independent Television 126 (January, 1971)."Cyprus Broadcasting Corporation, Code of Advertising Standards for

Radio and Television 6 (June 29,1967).

"Commonwealth of Australia, Television Programme Standards at 26.


the same conditions and wording to be found in the Austra-lian regulation, the Hong Kong code continues to the effectthat "[NJ o person should issue any advertisement claimingto cure chronic or incurable ailments or for use in condi-tions in which self-medication presents a risk."" The HongKong regulations also provide further restraints on the useof "cure" in connection with specific diseases or conditions,such as cancer, genito-urinary diseases, tuberculosis, leprosy,diabetes, polio, diptheria, heart disease, tetanus, smallpox,pleurisy, scarlet fever, blindness, and the prevention or cureof structural or organic ailments of the auditory system.

While Radio Malaysia issues regulations similar to GreatBritain as well as Hong Kong, other positive qualificationsare added. A cure may be claimed or implied for "suchcommon ailments 's colds, headaches, toothache, neuralgiaand corns" or any other ailment which is not listed in theextensive regulations. Moreover,

advertisements may claim to alleviate or relieve butnot cure such ailments as the following: asthma,baldness, bladder weakness, catarrh, gastric orduodenal stomach ulcers, indigestion, piles, rheu-matism, malaria and psoriasis."Another term subject to differing regulatory treatment

is "guarantee." In some regulations the term is simply for-bidden, while in others it is subject to qualification. Thesimple ruling that "an advertisement should not contain anyguarantee of 'money back' " is found in Hong Kong,Australia, and elsewhere. Regulations which do permit re-stricted use of "guarantee" provide conditions designed toassure public understanding of the real significance of theterm. A typical regulation reads:

The word "guarantee" should be used with caution

of Practice 2 at 7 .

s 'Hong Kong Television Authority, Television Advertising Standards Code

and sparingly and only in relation to some specific

" RadioValaysia, Copy Code 9 (September 1,1966).


description or quality and the detailed terms ofany such guarantee must be available for inspec-tion. Where the guarantee is associated with anoffer to return the purchase price, it must be madequite clear to what it applies and in what way itprotects the purchaser.' 9Beyond unacceptable words and phtases. or their

limited permissible usage, there exists another area ofregulatory control peculiar to medical advertising. Re-straints are specifically imposed on medical commercials toavoid any appeal to fear.

Appeal to FearThe appeal to fear, based upon the willingness of an

audience to indulge in- self-diagnosis, is subject to clear andprecisely worded regulations in the codes which were thesubjects of this investigation. The ITV Code illustrates thespecifictiy of this concern. Under the heading, "Appeals toFear," the Code states that "[A] dvertisements should notcontain any statement or illustration likely to induce fearon the part of the reader or viewer that he is suffering, ormay without treatment suffer, or suffer more severely, froman ailment, illness or disease."6 ° The Irish Code has almostidentical wording.' !

The Australian Broadcasting Control Board has aslightly more detailed regulation:

No spoken or pictorial representation may be usedwhich dramatizes distress or morbid situations in-volving ailments or sickness or which conveys thesuggestion that harmful consequences may resultfrom the medicine not being used. No spoken orpictorial representation of vivisection will beallowed.

" Malta Broadcasting Authority, Annual Report andAccounts 1967 -68 48(1968).

" independent Television Authority, "Advertising Control," ITV 1971:Guide to Independent Television 126 (January, 1971).

"See Telefis Eireann, Code of Standards for Television Advertising at 8.

1

169. FEDERAL COMMUNICATIONS BAR JOURNAL

No advertisement should contain any matter whichwould lead persons to believe from the Symptomsdescribed that they are suffering from any seriousailment.6 2

The Cyprus Broadcasting Corporation provides in asimple but broader regulation that "[ A ] dvertisements mustnot without justifiable reasons play on fear,"6 3 and TheNetherlands' code rules that "[I] f no justifiable reasons canbe given, an advertising broadcast should not appeal to feel-ings of fear and superstition."6 4

Malaysia's "General Principles" governing commercialsinclude the statement that advertising will not be acceptedif it "leads listeners to conclude that they are suffering froma particular ailment."6 5

The New Zealand code bans any medical commercialwhich directly or by implication suggests "that serious con-sequences may arise from a minor or trivial complaint."6 6Northern Nigeria also forbids advertising which is "soworded as to persuade persons that they are suffering fromany serious ailment."6 7

The regulations to assure truthfulness in medical adver-tising 'are matched by those concerned with promoting goodtaste and avoiding public offense. These constitute the sub-ject of the next section.

Matters of TasteAlthough a number of the regulations described in this

"Commonwealth of Australia, Television Programme Standards at 23.Hong Kong likewise has a detailed regulation, see Hong Kong Television Author-ity, Television Advertising Standards Code of Practice 2 at 6.

"Cyprus Broadcasting Corporation, Code of Advertising Standards forRadio and Television 3 (June 29, 1967).

"The Advertising Council, Radio and Television Advertising Regulations1970 1 (1970).

" Radio Malaysia, Copy Code 1 (September 1, 1966).66 New Zealand Broadcasting Corporation, Requirements for AdvertisingMaterial at 8." Broadcasting Company of Northern Nigeria Ltd., Code of Principles and

Standards of Conduct and Practice for Broadcasting in Northern Nigeria at 3.


study could fall under the heading of "taste"dependingupon the readerit should be noted that many of the codesspecifically emphasize the necessity of tasteful restraint.Still, taste presents a most elusive aspect of medical adver-tising.

Section 10 of The Independent Television Code ofAdvertising includes the regulation that "[N] o advertise-ment should offend against good taste or decency or beoffensive to public feeling." An appendix to the Code in-cludes those products and services which could be con-sidered offensive as well as misleading or dangerous for thepublic. The advertising of bust developers, products andtreatments to promote sexual virility or to treat sexualweakness or habits. associated with sexual excess or in-dulgence are not permissible.

In Australia, the commercial television stations areadvised by their Television Advertising Board to apply stan-dards of taste in personal product advertising, following theprinciples established by the Australian Broadcasting Con-trol Board. It is required that great discretion be applied inaccepting and presenting ads for personal products whichmay be considered unsuitable for inclusion in programswhich may be viewed in the family circle. The TelevisionAdvertising Board also notes that certain "commonsenseguideposts," actually suggested by the United States'National Association of Broadcasters, have relevance.6 8

Under the provisions of the Broadcasting and TelevisionAct 1942-1967, the Australian Broadcasting Control Boardhas promulgated regulations specifically concerned with thelimits of acceptable taste.69 One aspect of medical adver-tising regulation is unique to AustraliaSunday advertisingis considered a matter of special importance:

6 See Federation of Australian Commercial Stations, "Medical Adver-tising," Television Advertising Board Advertising Regulations at 11-12.

69 See Commonwealth of Australia, Television Programme Standards at 23.Identical provisions are contained in Hong Kong Television Authority, Televi-sion Advertising Standards Code of Practice 2 at 7.


Advertisements which are televised on Sundayshould be presented in good taste and with discre-tion. Repetition and sensational presentationshould be avoided, especially in statements relatingto prices. Advertisements which may be appro-priate for presentation on weekdays are not neces-sarily suitable for Sunday transmission. Advertisingmatter relating to medical and toilet preparationsshould be kept strictly within the bounds of goodtaste.' °The regulatory philosphy in Canada, where com-

mercials for contraceptives are now being aired subject to"stringent regulations regarding taste and accuracy," some-what parallels that of Great Britain's ITA. The CanadianBroadcasting Corporation states that it applies general stan-dards of good taste in the field of medical advertising.Cyprus simply rules that all broadcast advertising must be"of good taste," while Finland adds the interesting qualifi-cation that ".. . the advertisements must not be of a typewhich would arouse negative attitudes towards televisionadvertising. "" The Irish Television code emphasizes that:

The advertising of intimately personal productswhich are generally regarded as unsuitable conver-sation topics in mixed social groups is not accept-able. Such advertising of personal products as ispermitted must be presented with special emphasison generally accepted standards of ethics and goodtaste.' 2

Kuwait's code expressly forbids airing any commercialwhich would "cause offense to the public feeling insofar asthe religious matters or social traditions are concerned ordoes not confirm (sic) with the public taste or offends the

"Commonwealth of Australia, Television Programme Standards at 18." Oy Mainos-TV-Reklam AB, Principles for TV Advertising in Finland 3

(1969)." Telefis Eireann, Code of Standards for Television Advertising at 5.


feelings of the public." Also forbidden is advertising whichwould "cause psychological harm to the public such asarising the hopes at the beginning of the reading or listeningto the advertisement message and finally feels frustrated(sic)."73 The "General Principles" of the Radio MalaysiaCopy Code, have a number of instructions specifically re-lated to taste, including particular. prohibitions on adver-tising techniques. Similarly, the "General Principles" of theNew Zealand Broadcasting Corporation ban commercialmaterial which "is likely to offend the religious, political,racial or sentimental susceptibilities of a substantial andresponsible section of the community," or "is likely to pro-voke or annoy the audience."7 4 Article 1 of the Nether-lands' Radio and Television Advertising Regulations 1970,states that "an advertising broadcast shall not be contraryto . . . public order or to morals, nor shall it conflictwith . .. generally 'accepted standards of decency or goodtaste. Neither its content nor its form shall be offensive. . ."

Singapore's Programme Code, under the general head-ing "Unacceptable Accounts," precludes advertisement ofpersonal hygiene products such as deodorants, depilatories,mouth washes and antiseptics when they would be adver-tised specifically to treat unpleasant breath or body odor.The qualifying statement which makes permissible theadvertising of these products states that, "[A] dvertisementof products which are designed to perform these functionsmay be accepted if the copy avoids mention of such func-tions."' 5

The codes under study also list many medical productsand services which are banned. Whether they are banned for

"Kuwait Ministry of Guidance and Information, Rules and Principles forAcceptance of TV Advertisements 6 (1970).

74 New Zealand Broadcasting Corporation, Requirements for AdvertisingMaterial at 2. The preamble thereto provides: "Radio and television advertisingis presented to the whole family in its own home. Both advertisers and broad-casters therefore share a particular responsibility to insure that it is alwayslawful, honest, decent and fair."

"State of Singapore Ministry of Culture, Broadcasting Division, Pro-gramme Code at 8.


purposes of public safety or taste is a matter of interpreta-tion.

Prohibited AdvertisingMost of the nations in this study provided a list of

medical products and services which could not be advertisedby broadcasters. Those products and services deemed un-acceptable by Great Britain's Independent TelevisionAuthority, for example, include contraceptives, smokingcures, products for the treatment of alcoholism, contact orcorneal lenses, clinics for the treatment of hair and scalp,and products for the treatment of hemorrhoids. Exceptionsto the ban on contraceptives are granted in the cases ofofficial or officially sponsored "Family Planning Services."Other products and services explicitly banned include prepa-rations and devices purporting to enlarge the bust, inducemiscarriage, promote sexual virility, diagnose or treat illnessby' hypnosis, or offer relief of backache and rheumatic painsbased upon urinary antiseptic properties. There is also alisting of those diseases for which medical advertising isbanned, with a few exceptions for limited treatment. A sim-ilar listing is provided by the Australian Broadcast ControlBoard.

Slight variations in the listing of banned products andadvertising indicate the prevalence or the potential threat oflocal diseases as well as differing customs. For example,although Barbados has a listing much like the ITV Code(though not as detailed or extensive), advertising is bannedwhen purporting to treat such illnesses as appendicitis,blood poisoning, diptheria, disorders of menstrual flow,epilepsy, gangrene, pneumonia, pleurisy, poliomyetitis,scarlet fever, smallpox, meningitis and tetanus.' 6

The regulations of the Canadian Radio Television Com-mission and the requirements of the National HealthDepartment list as unacceptable for advertising: ". . . laxa-

76 Letter from F.G. Duesbury, General Manager of Barbados RediffusionService, Ltd., Bridgetown, Barbados, to Jon T. Powell, February 6, 1970.

.1


tives, cathartics and diuretics including foods and beverageswhen advertised as such; sleeping tablets . .. personalhygiene products, corn removers (unacceptable in TV),steam baths and massage parlors. . .""

The Hong Kong Television Authority, while havingrestrictions similar to those in the ITV Code, adds a ban onalcohol advertised as a medicine. Kenya has no written regu-lations for commercial advertising, but as a matter ofpractice refuses to advertise any birth control drugs. Kuwaitforbids the advertising of cures for alcoholism and smokingunless prior approval is given by the Ministry of PublicHealth. A similar regulation exists in Southern Yemen.

The Netherlands Radio and Television AdvertisingRegulations 1970 makes the general statement that "expertpreventive censorship" will be exercised over:

1. medicinal drugs which also comprise all rem-ediesinclusive foodswhose use is publiclyrecommended for treating, alleviating or pre-venting any affection, illness, symptoms, pain,injury or defect;

2. methods of treatment including all actions of amedical or dental nature, even if such actionscannot be considered to be a specific methodof treatment;

3. other products or services, insofar as they arepresented as medicinal drugs or methods oftreatment, or as substitutes for medicinaldrugs or methods of treatment.

4. Remdies, inclusive foods, recommended foruse of diets.' 8

Almost all the nations in this study are specific inbanning any commercial which by method of presentation

"Canadian Broadcasting Corporation, General Advertising Policy onMedicinal Products 1 (January, 1970).

8 The Advertising Council, Radio and Television Advertising Regulations1970 6 (1970).

1

it. . '


or wording would imply that the advertised product is asubstitute for proper medical attention. The typical regula-tion states: "[N) o advertisement should contain an offer ofa medicine or product for, or advice relating to the treat-ment of, serious diseases, complaints, conditions orsymptoms which should rightly receive the attention of aregistered medical practitioner."' 9 Banned also are those"presentations and statements which give the impression ofprofessional advice or recommendation."8° Further, mostof the codes include a specific directive barring diagnosis bycorrespondence:

No advertisements should offer to diagnose bycorrespondence diseases, conditions or anysymptoms of ill-health in a human being or requestfrom any person a statement of his or any otherperson's symptoms of ill-health with a view toadvising as to or providing for treatment of suchconditions of ill-health by correspondence. Norshould any advertisement offer to treat by corres-pondence any ailment in a human being.81

The one variation to this regulation was the allowance ofgeneralized advice by a qualified medical practitioner.8 2

Hypnosis also constitutes an unacceptable topic formedical advertising. Where hypnosis is referred to, theregulations are direct and similarly worded: "No advertise-ment should contain any offer to diagnose or treat com-plaints or conditions by hypnosis.' Medical advertisers

"Independent Television Authority, "Advertising Control," ITV 1971:Guide to Independent Television 126 (January, 1971).

**Cyprus Broadcasting Corporation, Code of Advertising Standards forRadio and Television 6 (June 29, 1967).

"Trinidad and Tobago Television Company, Ltd., Principles of TelevisionAdvertising at 5.

"See State of Singapore Ministry of Culture, Broadcasting Division,Programme Code at 6: "This shall not exclude the type of program in which aduly qualified, but anonymous, medical practitioner answers anonymously,medical questions of a general nature submitted by the listener."

*3Telefis Eireann, Code of Standards for Television Advertising at 10.


are also expressly forbidden to make disparaging remarkseither about their competitors or the medical profession.Typically, the regulation reads: "No advertisement shoulddirectly or by implication, disparage the products, medi-cines or treatments of another advertiser or manufacturer,or registered medical practitioners or the medical profes-sion."8 4

ConclusionThe restraints imposed on medical advertising in this

study reflect a world-wide concern for protecting the publicin a sensitive area where the problems of ignorance andmisinformation are magnified by false hope. These broad-cast codes have been designed to avoid promotion of thosemedical products and services which are considered detri-mental to public health, could keep the public from seekingnecessary medical assistance, or convey the false impressionof cure or adequate treatment.

In some instances, a ban also exists on those medicalproducts and services which are deemed offensive to socialcustom. Concern for the sanctity of sex and birth reflectsuch social obligations imposed on the broadcaster. Thedefining of the acceptable boundaries for the broadcaster inthis area need not interfere with the basic freedom of ex-pression. So long as the public is provided with informationnecessary to assure adequate judgment and avoid the tragicresults of misinformed hope, the proper use of public air-waves for the advertising of medical products and servicescan be assured.

"Id. at 9.

Documents

DOCUMENT RESUME - ERIC · DOCUMENT RESUME ED -071 :138 CS 500 114 AUTHOR Powell, Jon T. TITLE Broadcast Advertising of Medical Products and. Services: Its Regulation by Other Nations