Consolidated ICC code

Article 23 – Responsibility

These general rules on responsibility apply to all forms of marketing communications. Rules on responsibility with special relevance to certain activities or media can be found in the chapters devoted to those activities and media.

Responsibility for the observance of the rules of conduct laid down in the Code rests with the marketer whose products are the subject of the marketing communications, with the communications practitioner or agency, and with the publisher, media owner or contractor.

Marketers have overall responsibility for the marketing communications of their products.

Agencies or other practitioners should exercise due care and diligence in the preparation of marketing communications and should operate in such a way as to enable marketers to fulfil their responsibilities.

Publishers, media owners or contractors, who publish, transmit, deliver or distribute marketing communications, should exercise due care in the acceptance of them and their presentation to the public.

Individuals employed by a firm, company or institution falling into any of the above categories and who take part in the planning, creation, publication or transmission of a marketing communication are responsible, to an extent commensurate with their respective positions, for ensuring that the rules of the Code are observed and should act accordingly.

The Code applies to the marketing communication in its entire content and form, including testimonials and statements, and audio or visual material originating from other sources. The fact that the content or form of a marketing communication may originate wholly or in part from other sources does not justify non-observance of the Code rules.

 

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  • Article A9 – Particular obligations of intermediaries...
    HonestySales promotions which have been accepted by the intermediary should be fairly and honestly handled, and properly administered by him/her and his/her employees. MisrepresentationSales promotions involving any specific responsibility on the part of the intermediary should be so handled by him...
  • Article A8 – Particular obligations of promoters...
    Interests of intermediariesSales promotions should be devised and administered with due regard to the legitimate interests of intermediaries and should respect their freedom of decision. Interests of employees, employers and consumer relations The terms of sales promotions should be so designed as...
  • Article A7 – Presentation to intermediaries...
    Information for intermediariesSales promotions should be so presented to intermediaries that they are able to evaluate the services and commitments required of them. In particular, there should be adequate details as to: the organisation and scope of the promotion, including the timing and any ti...
  • Article A6 – Presentation to consumers...
    Complex rules should be avoided.Rules should be drawn up in language that consumers can easily understand.The chances of winning prizes should not be overstated. Information requirementsSales promotions should be presented in such a way as to ensure that consumers are made aware, before making a pu...
  • Article A4 – Administration of promotions...
    Sales promotions should be administered with adequate resources and supervision, anticipated to be required, including appropriate precautions to ensure that the administration of the offer meets the consumers' reasonable expectations.In particular: the availability of promotional items shoul...
  • Article A2 – Terms of the offer...
    Sales promotions should be so devised as to enable the consumer to identify the terms of the offer easily and clearly, including any limitations.Care should be taken not to exaggerate the value of the promotional item or to obscure or conceal the price of the main product.   ...
  • Article A10 – Responsibility...
    The onus for observing the Code falls on the promoter, who has the ultimate responsibility for all aspects of sales promotions, whatever their kind or content. Anyone taking part in the planning, creation or execution of any sales promotion has responsibility, as defined in article 23 of the Genera...
  • Article A1 – Principles governing sales promotions...
    All sales promotions should deal fairly and honourably with consumers. All sales promotions should be so designed and conducted as to meet reasonable consumer expectation associated with the advertising or promotion thereof. The administration of sales promotions and the fulfilment o...

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