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Powerful effect of fake news
Significance of the freedom of speech
An essay on the first constitutional amendment of freedom of speech
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False Advertising
One of the biggest problems in modern media is misleading and false advertisements. This is when companies, businesses, or people publicly lie, make up facts, or withhold information about a product or service that is available to consumers. This can be on television, social media, newspapers, billboards, the internet, and any other way people advertise. These lies can be harmful to consumers’ health and their financial situations. These companies have a responsibility to consumers to tell them the truth about what they are getting. If there is no evidence to back up their claims, then they are not being honest. Too many companies are getting away with deceptive advertisements in the U.S. The laws in place against false
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These people claim that Truth-in-Advertising Laws are a form of government censorship. Mickey Huff quotes the United Nations in his article on Freedom of Expression, “ Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers” (United Nations 1948). Huff uses this quote to support his interpretation of the Joint Declaration, which is a declaration that is against the censorship and control of information, and instead encourages the open and unrestricted public debate of information as a better way to counter false information (Huff). Brooks Jackson of FactCheck.org, an experienced journalist who has covered politics since 1970, stated in his article about false advertisements that, when given enough uncensored information, the public should be able to make their own decisions as to what is in their own best interest (Jackson). Both of these articles argue that instead of censoring false advertisements and information, there should be more information and debates, in order to let the public make up their own …show more content…
Jackson gives good examples and logical information regarding his stance. He discusses the First Amendment and states that candidates for American public office, more than anyone else, should receive the freedom of speech granted to American citizens. Jackson also explains why it is important that the First Amendment make enacting laws about false advertisements so difficult. He then goes on to say that only when voters have access to “enough uncensored information,” can they accurately decide who is best for office (Jackson). Huff fights for open communication instead of censorship, while Jackson argues for more uncensored information. When combined, they have the approach that there should be more uncensored information available to discuss instead of
While government intervention is restricting the use of misleading language and informing consumers with actual dietary information, persuasive language techniques are still being used by businesses to influence and mislead consumers into believing a false perception of the product. Advertisements often carry these misleading health and nutrition claims to entice vulnerable viewers who usually can’t make informed decisions about what they buy. This is an increasingly concerning factor in the growing national epidemic of obesity.
According to Section 9, no person shall, in trade, engage in a conduct that is misleading or deceptive or likely to mislead or deceive. Breaching of this section does not constitute an offence but it’s a provision of the most civil actions of the breaches of the Act (Hubbard, 2013). When an employee makes a statement that David Beckham used a shave machine purchased from MME Ltd, if untrue, breach s13 (e), if there is no image of David Beckman in any of the advertisements with no accompanying statement, then it will not be false or misleading representation but under ss9 and 10 it will be deceptive conduct provided it can be argued that, somehow the advertisement created an impression that the product was associated with Beckman.
Is advertising manipulative; can it be controlling, or is it fueling the demand of the American economy? The exhaustive battle of what advertising is and what it’s not is never-ending and both ends of the spectrum can only battle with statistics, words, and opinions on the fact of the matter. Many arguments have arisen since the establishment of the advertising industry and everyone sheds their own light on the subject. In “Beauty and the Beast of Advertising,” Jean Kilbourne argues that the advertising industry portrayal of women is narrow-minded and produces emotional and psychological problems within women in regards with their roles in society, their physical appearance, and sexual attitudes. She also emphasizes how the world of advertising creates artificiality among women. On another note, the author of “What Advertisement Isn’t,” John O’Toole, takes a look at how the government has too much control of and poorly regulates advertising, how it is not deceptive on a subconscious level, and how advertising is a sales tool and should not be evaluated by journalistic or any other standards. These two arguments talk about issues in advertising that interconnect on broader levels but essentially are speaking of two different levels of advertisements.
To begin with, misleading advertising is the commercial speech “that can deceive consumers by ambiguity, through presentation or by omitting important information […] or including false information.” It is subject to federal regulation. Before 1895 fraudulent advertising was everywhere. It was not until 1893 to 1911 “when standards were in the making” due to the acknowledgement of ethical dilemmas of false advertising: deceiving the consumer and dishonesty.
What’s Behind An Advertisement? When consumers look at advertisements, most do not pay attention to the meaning of words and are won by the unfinished message put out by advertisers. Advertisers use the manipulation of language to create claims that suggest something about their products without directly claiming it to be true. Through this method, consumers are attracted to a product because they infer certain things about the product from its claim, even though those things are often not true of the product itself. There are not many laws protecting the consumers, however the Federal Trade Commission designed a few to prevent fraudulent or untruthful claims in advertising.
Avery common example to use for false advertisements is models. A model can accentuate and show off every corner of ther body and the advertisement may display or promise you “gorgeous looking skin”, or “the perfect hair within two weeks,” all for the sake of buying their product. Unless there is physical, hard evidence explaining how the product works, and how effective it is, then it would not be worth purchasing. Another thing that displays the misleading of manipulated advertisements is clothing lines depicted by models. Most everyone has heard of the famous Victoria’s Secret models and how robust and perfect their bodies are. Ritchie says that “...we see the “models” and the “logical” part of our brain recognizes that this is probably a manipulated image, but the “emotional” part of our brains don’t register this at all.” Thanks to modern day technology, it is very easy to get rid of imperfections and blemishes with the touch of a button, making any human body look impeccable. By doing these things, humans in general will believe that they are true, they will buy into the product only because they want the same results as depicted by the modes. Thus, resulting in false advertisement and an unsatisfied customer questioning their self worth. This type of manipulation is most commonly found in female attracted
We all see numerous advertisements everyday and think nothing of them. Instead of reading through them we just look at them for what they are, maybe colorful, full of fun and catchy words or phrases, and pictures plastered on billboards, in magazines, newspapers, etc. From listening to my english instructor I realized that ads are advertising a lot more than they claim to be, especially ones about alcohol. In my essay about "false advertisements" I've elaborated on how ads about alcohol are sending subliminal messages to certain groups of people in society. It was somewhat hard to explain the messages behind the ads, but once they are understood it's surprsing to see what's been discovered!
However, the free speech encouraged by the First Amendment will inevitably produce speech that is critical of those public figures who, by reason of their fame, shape events in areas of public concern. (Milkovich, 2703); (Hustler, 879). Their heightened position in society subjects them to “vehement, caustic, and sometimes unpleasant sharp attacks”. (Milkovich, 2703); (Hustler, 880). Courts have struggled to maintain the balance between the right to free speech and the right to redress attacks upon one’s reputation, and therefore limit what one can publish about a public figure by encouraging responsible journalism. (Hustler, 880); (West, 1014). The First Amendment embraces two concepts: the freedom to believe and the freedom to act. (Ballard, 886). American citizens are free to believe what they cannot prove; thus, one’s pure opinions are constitutionally protected from liability. (U.S. Const. amend. I); (Ballard, 886). Nevertheless, when a statement asserts facts, or opinions that imply facts, the publisher has a duty to verify these assertions before publishing them as true. (West,
Today, we are bombarded by messages; not just text messages, or electronic messages, but marketing messages. With modern technological advances, advertisers are competing for the consumer’s attention. When we are crowded by these images, we no longer recognize them and fall into their carefully designed traps. This behavior leads to more extreme tactics deployed by the mass media to catch the attention of its demographic. Eventually, the companies are producing and promoting propaganda. This trend is pointed out in the non-fiction book, Age of Propaganda: The Use and Abuse of Persuasion by Anthony Pratkanis and Elliot Aronson. The two authors explain how the media and advertisers use a calculated formula to convince viewers and consumers to buy their product. The way advertisers do this so effectively is through using the “four stratagems of influence,” as coined by Pratkanis and Aronson. These stratagems are as follows: pre-persuasion, source credibility, message and emotions. Each section is a complicated and yet applicable device to influence and dupe consumers.
Countless articles have been written on false advertising on television. Most of these articles target specific instances of fraudulent behavior, but some do address the television industry as a whole. These articles for the most part seem to be complaining about politicians (more so than the advertisers themselves) and the fact that "it is not politically palatable"(Miller) to make more stringent laws against fraudulent advertising. This means that politicians are not willing to make stricter laws for fear that they might come back to haunt them later. It is that topic that seemed to come up most in articles on false advertising.
In America, Truth in Advertising (TINA.org) exists to support honest advertising as well as eliminating deceptive marketing practices. Consumers in America lost billions of dollars due to false advertising and marketing every year. (https://www.truthinadvertising.org/about/)
In today’s difficult economy who can afford to spend their hard-earned money carelessly? Americans want good quality and low prices, and businesses that advertise their product make saving money possible. Advertising was created for one reason, so businesses could make known their product (Black, Hashimzade, and Myles). Some consumers may argue that advertising is not informative, but that it is manipulative because some advertisements make false claims. Fortunately, there are regulations and consumer rights that promote truth in advertising. Consumers must embrace their rights to keep advertising the way it is meant to be. Advertising is meant to be informative and not manipulative, and consumers play a great role in promoting truth in advertising.
We have freedom of speech, and since in general people are free to ignore advertising if they want to, but after all each initial group can be easily manipulated. Peacock K. (2003)
Businesses are in game in order to earn money and advertising is the strongest weapon that helps to sell a particular product . An advertisement can be harmful and misleading as well as helpful and beneficial . Advertising in ethics is an unclear concept , but truly the main goals of corporations should be avoid misleading their customers by setting up wrong expectations and to keep their current clients .The major problem with advertising is that most of them are misleading . Advertisements create an unrealistic and sometimes irrelevant impression of an any particular product. Unfortunately, often , consumers become the victims of their tricks .
By being a consumer in a world of diverse products and services, it has given us a wide range of choices. A product may be produced by different companies and has the same function, but it is presented to the consumers in different forms. In order to differ from each other, companies use the help of advertising to present its product in a better way than their competitors’. However, advertising the product is becoming more crucial than the product itself. Companies are focusing more on making the brand more popular, rather than actually improving the product that they offer. By turning the advertisement competition into a war between companies, they mislead buyers by hyperbolizing their products positive features, thus hiding the negative ones. Companies forget about the effect they have on the consumers. Consumers should be aware of the manipulative tricks that advertising uses like subliminal messages and brain seduction in order to not be misled into buying something that they do not really require. By knowing how to manipulate the audience and consumers’ brain, companies use tactical methods in order to persuade specific customers to buy specific products or services. Other examples of techniques they use are techniques like puffery which are suggestive claims about a product, using subliminal messages and transferring information indirectly, as well as by targeting a specific group of people, creating a slogan or a mascot and by using sexy models with perfect bodies, advertising tries to manipulate and persuade consumers into buying the product they are offering.