Legal Advertising on the Internet Vs. TV
Different laws govern advertising mediums, TV advertisements must comply with Federal Communications Commission (FCC) regulations, while an Internet advertisement only has to comply with laws where the server of that website is located. Even if the server is located in the USA, the laws governing content on the Internet are much more relaxed compared to TV advertising. However, companies should be cautious, as consumers may not tolerate ads that push the envelope too much, even if they are legally allowed to do so.
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Laws Regarding Television Advertising
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The Federal Communications Commission (FCC) regulates and censors all content that is aired on television in the United States. There are certain codes that advertisers must follow so that their ads are approved. For example, television advertisements must not include swearing, nudity, extreme violence or highly suggestive sexual content that is deemed "morally bankrupt". Advertisers must also conform to certain technical broadcast standards. Their content must fit National Television System Committee (NTSC) broadcast standard for it to be aired. Advertisers must also adhere to the Federal Trade Commission FTC advertising standards, which include items like "false advertising" and the "bait and switch".
Laws Regarding Internet Advertising
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The only laws that govern Internet advertising are those imposed by the state or country in which the website's server is located. While there are Internet advertising standards set up by the FTC they do not apply to advertisers outside of the United States. The FTC standards are the same for television advertisers and are designed to keep advertisers from deliberately misleading customers. There are no content laws, only rules or standards setup by online advertising networks such as Google's AdWords and Clicksor. These standards are only for advertisers on those specific ad networks. However, advertisers may simply choose to show advertisements on their own websites. In that case, there are no content laws or format restrictions to which they must adhere. Coarse language, nudity and violence are all fair game. Still, advertisers are required to put a disclaimer that forces users to state they are over a certain age if the content is not suitable for minors.
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Links
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There are companies, such as GoDaddy.com and alcohol providers, who are airing television ads that suggest the viewers visit their website for unrated, uncut and uncensored versions of their commercials. This technique is very successful, as many television viewers get curious about what could not be shown on television. Some advertisers, however, have received bad press for this practice, as minors can easily bypass the age verification screen to access adult-themed sites.
Need for Further Regulation
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Some companies, notably tobacco companies, are prohibited from advertising on television. The Internet allows these companies to advertise their products without government restriction. In the case of tobacco companies, the Internet Society ISOC has been lobbying for further regulation regarding tobacco company advertising. The ISOC claims that some tobacco companies have launched "youth oriented" websites to advertise their products covertly to minors.
Benefits
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The benefits of Internet advertising versus television advertising are mostly in the form of an increased creative license. Advertisers do not have to follow format restrictions, content regulations and time constraints. The result is more innovative advertising campaigns.
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References
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