The legal and ethical difference in TV Advertising between USA and Japan

TABLE OF CONTENTS

Introduction ............................................................................................................. 1-1

2.1 Historical Background……………………………………………………..2-1

2.2 Existing Conditions of Japan and US in the Advertising World……….2-2

2.3 Cross-cultural Comparison …………………………………………….....2-3

Research Objectives

3.1 Statement of the Problem………………………………………………...3-1

3.2 Research Aims and Goals………………………………………………..3-2

Literature Review

4.1 Differences in Systems Laws……………………………………………..4-1

4.2 Unethical Behaviors in Television Advertising……………………….....4-2

4.3 Marketing in Japan and the US…………………………………………...4-3

4.4 Television Advertising as a Social Communication……………………..4-4

4.5 What Advertising Means to Children ……………………………………..4-5

4.6 The Impact on Children…………………………………………………….4-6

4.7 Intellectual Property Issues…………………………………………….......4-7

4.8 Existing and Future Ethical Problems……………………………………..4-8

Recommendations

5.1 Recommended Solution…………………………………………………….5-1

5.2 Preliminary Construction of the solution…………………………………..5-2

Conclusion

References

1.0 Background of the Study

Advertising is as old as civilization and commerce. Ancient Greeks used town criers to proclaim the arrival of ships laden with cargo of wine and spices. Today, businesses beckon potential customers with attractive business signs, pamphlets, brochures, billboards, radio and TV communications, telephone solicitations, door drops, commercial text messages, email advertisements, banners and pop-ups, and many other advertising tools (Sherry, 1999).

Moreover, advertising has become a race for creating a unique, cutting-edge, and enticing way of passing on relevant information to customers to facilitate and positively influence their buying decisions. Specifically, TV advertising has long focused on ethical choices faced by news practitioners as they deal with conflicting pressures and goals. Recent scholarly attention to media ethics has focused mainly on case studies of TV advertisers' actions regarding such issues as invasion of privacy, ef­fect of profit motive on advertisement content, and advertisers' relationships to their sources (Lind & Rarick, 1992). In reviewing televi­sion ethics (Belch, 1998) noted that television journalism has a well-developed scholarly literature, but TV ethics generally has an impoverished literature that consists too often of sensationalized themes and topics. "Japan and the United States have the largest economies and are arguably the most sophisticated consumer cultures in the world" (Lin, 1993). For this reason, Japan and the United States provide a reasonable setting for addressing differences in consumer attitudes toward advertising. Typical criticisms about advertising are that it makes false and misleading claims, promotes undesirable values, and exploits vulnerable groups (Lin, 1993).

2.0 Statement of the Problem

What are the different kinds of television advertising issues that are considered unethical and illegal by the federal law? What constitutes ethics in TV advertising? How does television advertising in Japan differ in the US in terms of legal and ethical issues? What is the role of television advertising in general? Advertising is a powerful means to influence the purchasing power of people. Such influence over people, though, carries with it the potential for misuse and abuse. That is why in many countries worldwide advertising practices are heavily regulated to prevent and control unjust business behavior.

3.0 Objectives of the Study

The main purpose of this study to analyze the several activities or events that jeopardizes effective deliverance of unbiased television advertising. This research, specifically, purports to determine how these activities affect the television viewers and to distinguish the role of the advertisers on their responsibility in providing ethical and legally sound advertising and the authority having jurisdiction in implementing laws on legally acceptable TV advertising. This research takes into account the practices that affect and lead to illegal and unethical advertising, recognizing the economic and social obligation of the advertisers. The study also seeks to evaluate the consumer socialization of Japanese and American children from a socio-cultural and economic perspective, the cultural differences between the two countries, and how these differences influence the marketing strategies in each country.

4.0 Research Methodology

This study will use the descriptive type of research. A descriptive research intends to present facts concerning the nature and status of a situation, as it exists at the time of the study and to describe present conditions, events or systems based on the impressions or reactions of the respondents of the research (Creswell, 1994). It is also concerned with relationships and practices that exist, beliefs and processes that are ongoing, effects that are being felt, or trends that are developing (Best, 1970).

In this study, primary and secondary research will be both incorporated. The reason for this is to be able to provide adequate discussion for the readers that will help them understand more about the issue and the different variables that involve with it. The primary data for the study will be represented by the survey results that will be acquired from the respondents. On the other hand, the literature reviews to be presented in the second chapter of the study will represent the secondary data of the study.

The research will be presented in written form with the addition of data charts, which will present the project's results. Pie charts and network charts will be needed to illustrate some of the analyzed data. This cannot be confirmed, however, until the research data have been analyzed.

5.0 References

Best, J.W. (1970). Research in Education, 2^nd Ed. Englewood Cliffs, N.J.: Prentice Hall, Inc.

Creswell, J.W. (1994). Research design. Qualitative and quantitative approaches. Thousand Oaks, California: Sage.

Belch, George E. (1998). Advertising and Promotion: An Integrated Marketing Communications Perspective. 4^th edition, Boston: Irwin/McGraw Hill.

Segrave, K. (2004). Product Placement in Hollywood Films: A History. New York: MacFarland.

McNeal, James U. (2003). The Kids Market. Lexington Books

Lind, R & Rarick, D. (1992). Public Attitudes Toward Ethical Issues in TV Programming: Multiple Viewer Orientations Journal of Mass Media Ethics, 7 (2), 12-16.

Ward, Scott. (1974). Consumer socialization. Journal of Consumer Research, 1, 1-14.

Sherry, J. et al, (1999). Orientations to TV advertising among adolescents and children in the US and Japan. International Journal of Advertising, 18, 233-250.

Carlson, L, & Grossbart, S. (1988). Parental style and consumer socialization of children. Journal of Consumer Research, 25, 77-94.

Crowe, B. (1997). Advertisers see big guys in little eyes. Broadcasting and Cable Journal, July 28, 47.

Hagan, J. (1999). Educator insights into emerging global marketing. Journal of International Marketing, 8, 98-111.

Lin, C. (1993). Cultural Differences in Message Strategies: A Comparison Between American and Japanese TV Commercials. Journal of Advertising Research, 40-47.

Moschis, G. (1987). The role of family communication in consumer learning. Journal of Consumer Research, 11, 898-913.

Ono, Y. (1997). Japan warms to McDonald's doting dad ads. Wall Street Journal, B, 1:6.

Ramaprasad, J. & Hasegawa, K. (1992). Creative Strategies in American and Japanese TV Commercials. Journal of Advertising Research. 32, 59-67.

Roedder J. (1997). The Emergence of adaptive decision making in children. Journal of Consumer Research, 24, 43-56.

Armstrong, R.W. and Sweeney, J. (1994). Industry type, culture, mode of entry and perceptions of international marketing ethics problems: a cross-cultural comparison. Journal of Business Ethics, 13, 775-85.