D1

D1

Legal issues

Copyright 

In our TV advertising campaign we plan to feature many pop culture references such as Pac-Man, a famous video game character originating in the 80's. As well as this we are planning to use Corona’s Rhythm of the Night as the music for our television advert. If we were to use both these assets without the permission of both the content creators (or the companies which holds the legal rights to them) then we would be susceptible to a legal battle which will result in the prosecution of our company for copyright infringement. 

Copyright is a type of property that allows its owner to have the exclusive rights to all creative content made with it their property. The most common type of media which is protected through copyright law is music. Music which is popular and well known amongst a large group of people is usually copyrighted in order to stop lots of people using it freely and possibly profit of it. To stop people doing this, they must have permission to use certain art forms in TV adverts, to have permission, a fee is mostly likely paid. 

To avoid this, we have made sure that we have contacted and agreed terms with the companies who hold the rights in order to strike a deal so that both parties get a fair deal, in terms of our company now having the rights to use the material and the respective copyright holders receiving a sum of money for their services.  

False Information

Some TV adverts bend the truth as to what their products can achieve and what their product is. If we begin to make miraculous claims about our product and how it could benefit its users then our company may find itself in a court case involving the Advertising Standards Agency. Although our advert doesn’t explicably say it will benefit you and make you feel younger however its heavy implied that our drink makes our customers feel younger. Because of this we could be open to multiple lawsuits against us as the advert could be deemed as misleading. 

To combat this, we need to ensure that we put a discretion at the bottom of our TV ad, our message would be "effects of product aren't true representation". This would be displayed via text on the bottom of the screen in order to cover our backs. If we were to create a Radio advert we would need a voice actor to read the terms and conditions at the end of the advertisement to ensure once again we are covered. Although tedious we need to ensure we do this as it covers us in law. 

Data Protection Act

The data protection act is a law written in 1998 in the United Kingdom made in order to help with storage of human data on computers and on the internet. Because of recent data leaks such as the NHS and British Airways data breach, it meant that millions had their data exposed to potential hackers. Because we are using peoples personal photos and possibly their names and addresses because we would be hosting a competition. Because of this we need to make sure that our data is firmly secured and any unnecessary data would be deleted. 

If we were to misuse peoples data and possibly put people livelihoods in danger, we could be seriously prosecuted as a company and it could result in a large financial loss. As well as this we could lose our customers trust and faith in us as a company. A good example of this is the Facebook data scandal, the company were sued £650 million as a result of this. As well as this Facebook lost a large number of their loyal customers and they also lost a number of celebrities such as Elon Musk, Jim Carrey and Will Ferrell, who will influence a large portion of the population.   

  

Ethical Issues 

Representation

In today's society, diverse cultures and races are being embraced through all types of races, In-fact, a good example of this is the Sainsbury's Christmas ad which uses a black family within its casting. Of course it's important that we do the same. We want to ensure that we use a good amount of diversity in our advertising in order to make sure that as many people as possible to feel included and a part of our marketing. Not having many demographics represented in our marketing could cause negative press reports and negative feelings towards our company and with that our sales could decline. Its also equally important that we understand that diversity in adverts could also cause controversy with particular groups, especially on social media.

Because anyone and everyone can voice their opinion on social media certain groups who feel as if diversity is threatening to them despite the fact we live in the year 2021, could potentially create a large debate than just a simple soft drink advertisement, much like the Sainsburys Christmas 2020 advert. 

Fizzy Drink consumption

According to recent studies, childhood obesity rates in the UK are 19.8% and adulthood obesity/ Overweight rates are 62.3%. 

This would put Phizzwizzard in a difficult dilemma. Marketing a drink as sugar free and healthy alternative is good because the company is telling the truth and is promoting people to take a healthier lifestyle. But normalizing the consumption of Fizzy Drinks amongst the population, especially those who are younger could mean that we could contribute to that statistic because after all, Fizzy Drink isn't good for you and shouldn't be your only source of hydration. 

Because of this we need to still promote the consumption of water and other healthier alternatives. However we are also aware that a brand telling customers not to use their product is going to affect their sales, so we need to think carefully on what we should do.