Tuesday 3 April 2012

Advertising Restrictions. You're Fired!




Last week, yep, just in the teeth of the worst recession on record, The Broadcasting Authority of Ireland (which used to be The IRTC), announced another code restricting advertising.


Any restriction on advertising of course, means less money in the hands of media owners who are struggling enough as it stands. Of course too, it seems unfair to me anyway, to grant licences to media owners on one day and then later, reduce the commercial attractiveness of those licences with the other hand through further restrictions of advertising. 


In particular they are now restricting products High in Fat, Salt or Sugar ('HFSS' as they refer to them) in many different ways but notably, by reducing the availability of media airtime given to these products in a day. They'll restrict the right to advertise them - meaning less Ads for breakfast cereals, confectionery, fast foods and so on. Some which are the main advertisers on some radio stations. So it's a big move.


Of course it's still draft, but you get the drift. Confectionery causes obesity, caused by advertising. Ban advertising and you'll cure all from obesity to early hair loss. Mad isn't it? Ban alcohol advertising and you'll cure binge drinking and alcoholism. Really? Ban tobacco advertising and you'll cure smoking. Huh?


More concerning however, is Government interference in broadcasting media through the licensing regime administered via The BAI. In other words, if you want to broadcast in this state you must have a licence to do so. Kind of like China.


You apply for the licence to broadcast and if it's reviewed favourably you're in business, if not, you're not and worse still, it can be withdrawn.


Now I should not need a licence to broadcast.


For example, if I want to start my own radio station and play wall-to-wall Lady Gaga songs, 247 and I've a Bank Manager who is foolish enough to support me in that, then I should just be allowed to do so. 


And yes of course, provided I do so within the law in general (in other words, not start broadcasting racist views for example). But I should not need a special licence. 


The State in issuing a licence, which they can withdraw, is insidiously excercising control over the broadcaster.


And does it?


I have had many conversations with senior owners of broadcasting licences who admit, that through their broadcasting, that they will not treat the Government unfairly, because of their fear of licence withdrawal. 


Sure, they may not actively generate or influence pro-governmenent news, but they are certainly wary of broadcasting unkind coverage. Broadcasters admit that privately, they may not admit it publicly - because it's dynamite.


Think about it too yourself. In the same position where your business wholly depends on "not rocking the boat" with the Government, would you? Not on your nelly.


However as the web grows and more streaming goes on from far away places outside of the jurisdictional control of The BAI, and without the insidious control of The BAI, they'll have a problem on their hands. Freedom. A problem about people being able to broadcast freely, which they can't touch. They can't regulate the web.


Another reason why broadcasting streaming is taking off. And therefore, advertising regulation is going to be a waste of time because it can't be policed locally.


Potential online broadcasters take note.
It's a new media away from the constraints of State interference and influence.
Opportunity or threat? 

You'll find more about the BAI here  http://en.wikipedia.org/wiki/Broadcasting_Authority_of_Ireland

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