Censorship of advertising

We are glad you are enjoying Advertising Age. To get uninterrupted access and additional benefits, become a member today. Log in or go back to the homepage.

Censorship of advertising

Although freedom of speech protects the right to advertise commercial products, these rights are not without restriction. Supreme Court has tackled these issues in a series of cases dealing with the advertisement of professional services and consumer goods.

Content-Neutral State Restrictions Government censorship of advertisements is considered a violation of the First Amendment, unless an exception applies. The Court ultimately decided that state governments can constitutionally limit or control advertising as long as the restriction is content-neutral and reasonable in location and duration.

For example, the state government can require a small business to take down or move a large sign that presents a risk to motorists or blocks a traffic light. This restriction has nothing to do with the content of the message and is constitutional, as long as the business owner can place the sign in an alternative, reasonable location.

The duration requirement holds that the government cannot enact the restriction longer than necessary to serve its purpose. In both cases, the state governments argued that advertising these types of services was "unprofessional.

The court further concluded that the rights to free speech are not limited just to the speaker, but the listener as well. Strict Scrutiny Applied to Advertising Inthe Supreme Court decided a case dealing with a state ban on deceptive advertising.

The case established a four-part test to determine whether the ban on commercial speech is constitutional. The first threshold involved determining whether the commercial speech is false, misleading or deceptive. If the advertisement fits this description, it is not covered by the First Amendment and government censorship is legal.

If the commercial speech does not fit the description of deceptive advertisement, the Court imposes further analysis. Any governmental restriction on legitimate advertising must advance a significant public interest.

Censorship of advertising

For example, cigarette ads that target kids by using cartoon characters can be restricted on the basis that they might lure children into buying a product that will harm their health.

Obscenity Obscene advertisements are not afforded First Amendment protections and governments are free to censor this type of marketing. The question is, What is obscene? Illegal Products Government censorship of advertisements touting illegal products or unlawful activity are also upheld as an exception to the right to free speech.

In a case, this restriction was tested when a defendant was prosecuted for promoting child pornography, but was not actually in possession of images depicting children.

The Court upheld the conviction and found no requirement that an advertiser actually possess the unlawful material or products as long as the advertisement would lead a reasonable consumer to believe the products were available.The Advertising Standards Authority is the regulatory advertising body, but can only prevent the republication of advertisements after upholding complaints from the general public.

The advent of the Internet access has made the act of censorship more difficult, and there has been a relaxation of censorship in recognition of this. Mar 25,  · Since total censorship is not an option in any democratic state, govt.

can do little about objectionable advertising (leave alone biased programming/editorial) without the co-operation of the media/advertising industry. Advertising Censorship Advertising Censorship / Politicians and Prudes.

Billboard trolling: The Tool Shop. by Mike on Jul 20, • 10 Comments. The Tool Shop’s “Imagine all three at once” billboard is the advertising equivalent of trolling Facebook.

And where there’s a troll there’s someone taking the bait. Censorship in advertising Summary 1. The "Sex" in the advertising 2. The Politically incorrect 3. The Violence and blood 4. Controversial Advertising Quizz advertising against the pedophilia Gleeden Eram Dolce & Gabbana LEVI'S advertising for road safety The Body shop Advertising for Beer.

Sep 15,  · A medium may censor advertising based on the content of an individual message or an individual execution. A broadcaster or publisher can review a single ad; can declare it inaccurate, tasteless, violent or otherwise harmful; and can demand changes or refuse to air or publish it.

Mar 25,  · Advertising and Censorship. By. Kapil Suravaram. NALSAR ID No. Mlh07_ A Project paper submitted in partial fulfilment of. P.G. Diploma in Media Laws for Module – 4 (Advertisement & Law) AUGUST NALSAR UNIVERSITY OF LAW, HYDERABAD.


eastfx: Advertising and Censorship