The Committee on Internal Market and Consumer Protection adopted an own-initiative report by Philippe JUVIN (EPP, FR) on the impact of advertising on consumer behaviour.
The report notes that the development of new advertising practices online and via mobile devices is generating a range of problems that need dealing with in order to safeguard a high level of protection for users.
In particular, targeted (contextual, personalised and behavioural) advertising, supposedly tailored to internet users’ interests, constitutes a serious attack on the protection of privacy when it involves tracking individuals (through cookies, profiling and geolocation) and has not first been freely and explicitly consented to by the consumer.
Evaluation of the existing legislative framework: the committee considers that the Unfair Practices Directive (Directive 2005/29/EC) provides an essential legal framework for combating misleading and aggressive advertising, in relations between companies and consumers. However, it recognises that several difficulties with implementation and interpretation are already apparent (especially regarding the new, more pervasive forms of advertising).
Members call on:
The report welcomes the joint investigations undertaken by the Member States(‘EU sweeps’) and calls for further such investigations, the scope of which should be broadened. It calls on the Commission to report to Parliament results of the sweeps and prepare, if necessary, further steps to improve the internal market for consumers.
Members consider the practice of self-regulation as a dynamic, flexible and responsible adjunct to the existing legislative framework. They suggest that those Member States that do not yet have self-regulatory bodies should facilitate the establishment of such bodies, on the basis of best practices from other Member States. Self-regulation should complement legislation but not substitute for it.
With respect to the audiovisual field, they call on those Member States that have not yet implemented Directive 2010/13/EU (the Audiovisual Media Services Directive) to do so immediately. They await with interest the publication by the Commission of the report on the application of the Audiovisual Media Services Directive, and stress the need to address the use of new technologies (such as IPTV).
Issues arising from the development of the internet and new technologies: the report denounces the development of ‘hidden’ internet advertising that is not covered by the Unfair Commercial Practices Directive (consumer-to-consumer relationships), in the form of comments posted on social networks, forums and blogs. It calls on the Commission and the Member States to ensure proper application of the Unfair Commercial Practices Directive in this regard
Members suggest that the Member States encourage the emergence of forum observers/moderators who are alert to the dangers of hidden advertising, as well as the development of information campaigns aimed at warning consumers of these ‘hidden’ forms of advertising.
Members call on the Commission to explore the various means (whether legislative or not) and ascertain the technical options at European Union level to effectively implement the following measures:
Protecting vulnerable groups: the Committee calls on the Commission to conduct a detailed analysis of the impact of misleading and aggressive advertising on vulnerable consumers, in particular children and adolescents, by 2012, and to guarantee the proper application of the relevant laws on the protection of children and adolescents.
The report urges Member States to promote greater protection of vulnerable consumers, such as children, to encourage the media to restrict TV advertising addressed at children during TV programmes watched mainly by the young (such as children’s educational programmes, cartoons, etc.).
Educating and informing the various stakeholders: the report stresses the need for consumers to develop a critical attitude to the quality of media content. The Commission is invited to: