Advertisers and content creators should make their collaboration sufficiently clear in advertising messages. This can be done by "#ad," for example, but there are other ways. An example is "#LiptoniceTeaAmbassador."
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Greenpeace is allowed to express its opinion in a confrontational commercial about the role it believes the Dutch bank Rabobank plays in the nature, climate, and nitrogen crisis. This was decided by the Advertising Code Committee. The television commercial features images of forest fires, mega-stalls and the felling of rain forests. The text and voice-over says, among other things: "Rabobank, proud sponsor of festivals & nature destruction" and "Rabobank, proud sponsor of museums & cutting down rainforests."
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Because of the spam ban, you may not just send marketing e-mails. In principle, this requires prior permission. But what about informative service messages? Is permission never required? Pay attention!
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Using ChatGPT, Midjourney, Dall-E 2, Stable Diffusion and other AI applications in the production of advertising campaigns is super convenient and can save a lot of time and money. However, such use is not without legal risk. Not surprisingly, many ad agencies and international advertising networks have put the use of AI on hold, banned it, or subjected it to strict rules. But what legal risks are we really talking about? Without pretending to be exhaustive, in this post I will mention two relevant issues in the field of Dutch copyright law.
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In a YouTube video the dairy producer Melkunie claims to be on the sustainable tour: Melkunie is planting 40,000 trees. That's not greenwashing. Why not? Melkunie does what it says and also explains its sustainability claim. The fact that dairy production has harmful effects on the environment does not mean that Melkunie should no longer use the word sustainable.
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Before a consumer purchases something online, the seller must provide certain information to that consumer. Any webshop should carefully check whether it complies with these information obligations. In the Netherlands, judges have to assess this ex officio and impose a sanction for a violation, such as refund of the purchase price.
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Sustainability claims are important. As a company you want to be able to communicate what you have already achieved, and what your ambitions are to help our planet. As a consumer, you want to know exactly what the sustainable element of the product or service is. And you want to be able to trust that. Greenwashing is counterproductive.
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Anyone who contracts an influencer will of course ensure that the influencer has to comply with all advertising rules: Mentioning #ad and so on. But that's not enough!
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“Vitalise Positive Saffron Complex will lift your spirits if you are feeling gloomy.” Is this claim allowed or not? You’ll need to be very accurate when using botanicals. This claim is too strong; a more subtle claim would have been acceptable.
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