Wine Law

markets while minimizing the need for legislative or regulatory restrictions that add inefficiency and cost. As new practices and technologies have evolved, ICC has revised and extended the scope of the Code to assure its usefulness and relevance. In this way, the Code also demonstrates that when effectively implemented, self-regulation has an ability to be more rapidly adaptable and responsive to market needs than most legislative alternatives”. And it continues: “The application of self-regulation in marketing communication for alcohol requires that it be legal, decent, honest and truthful and prepared with a due regard for social responsibility and all other general principles of the Code apply. In order to help them meet commitments for responsible marketing practice, industry stakeholders asked for a Framework that outlines a global set of rules for alcohol that help companies that market across borders and promote consistency for self-regulation”. As general principle, all marketing communications 28 should be legal, decent, honest, and truthful and should be prepared with a due sense of social and professional responsibility and should conform to the principles of fair competition , as generally accepted in business. Vis-à-vis with the social responsibility that must guide the marketing strategies, the general rules of principles state the duties of the advertisers and the channels media means to respect human dignity and should not incite or condone any form of discrimination, including that based upon race, national origin, religion, gender, age, disability or sexual orientation, do not play on fear or exploit misfortune or suffering, do not appear to condone or incite violent, unlawful or anti-social behavior and neither play not play on superstition. Concerning the decency and honesty cited above, the ICC’s Code recommends for all marketing communication to not contain statements or audio or visual treatments that may offend the standards of decency currently prevailing in the country and culture concerned, as well as not to abuse the trust of consumers or exploit their lack of experience or knowledge. Relevant factors likely to affect consumers’ decisions should be communicated in such a way and at such a time that consumers can take them into account. 28 The Code defines “advertisement” or “advertising” as any form of marketing communications carried by the media, usually in return for payment or other valuable consideration. The definition of the term “marketing communications” includes advertising as well as other techniques such as promotions, sponsorships as well as direct marketing and digital marketing communications and should be interpreted broadly to mean any communications produced directly by or on behalf of marketers intended primarily to promote products or to influence consumer behavior.