Knowledge of the law is not seen by many marketers as a top priority in developing their careers. Yet a working knowledge of the statutory and self-regulatory environment in which marketers operate could make your CV stand out. Understanding the details of relevant laws can help you spot whether a campaign would be in potential breach of regulations; it can save time by avoiding going down risky paths; and minimise the chances of litigation in the future.
The lack of interest in knowledge of law is surprising because so many laws have a direct impact on the day-to-day working practices. Yet the sheer number of regulations can appear overwhelming and make it hard to know where to start. So how to find out about the most important areas and what do you need to know?
Understand the difference between statutory law, and self-regulation
Marketers operate in a largely self-regulatory environment. The CAP (Committee of Advertising Practice) and BCAP (Broadcast Committee of Advertising Practice) codes are the guidelines for what constitutes responsible advertising. CAP covers print, and BCAP covers broadcast media. Self-regulatory codes are not enforceable by law; but the vast majority of marketers abide by them as a rule of thumb, sanctions are effective, and the brand damage to companies flouting them can be severe. Having a working knowledge of the codes can therefore help you become an invaluable member of the team: you'll know whether a campaign or project is likely to be within the guidelines or not. For example, the regulations on product placement have recently changed. Being informed on such matters can benefit your career.
The self-regulatory environment is distinct from laws that affect marketers that must be adhered to not just for responsible, ethical reasons but because they are also legally binding. Particularly significant is the Unfair Commercial Practices Directive (UCPD), an EU directive that has UK implementations. The directive is designed to create a level playing field for businesses to treat customers fairly, and supersedes existing UK legislation that covered similar areas. Its remit is to focus on areas, which in the past, have been seen as dubious ethical practices, now deemed illegal.
Such as pursuing a sale after the customer has asked a salesperson to leave; awarding 'prizes' that are lower value than the cost of the phone call to claim them; pyramid selling; and claiming that a product is of limited stock when in truth it isn't. None of these are practices that responsible marketers would indulge in; but knowing the relevant details of the Consumer Protection Regulations and the Business Protection Regulations (the UK implementations of the UCPD) can hold you in good stead.
Read cases to familiarise yourself with how the law works
Read sample cases to understand how laws work and are implemented. Doing so could help you become someone in the department who is consulted for views on how a campaign would be seen from a legal or regulatory point of view. For instance, L'Oreal v. Bellure is an interesting case study about whether you can infringe a company's trademarks by imitating the smell or other distinctive, but intangible, elements of a brand.
Don't be scared of the law
Law has the image of being complex, difficult to understand, weighty and over-burdened with jargon and detail. And indeed, the actual wording of bills and Acts does not make light reading. Yet understanding laws relevant to your career is not as difficult or time-consuming as it seems. As the late writer and barrister John Mortimer once observed, 'No brilliance is needed is required in law, just common sense and relatively clean fingernails.' However, the law's more recent reputation for unnecessary wordiness is perhaps deserved. The American Declaration of Independence runs to 300 words, but the EU Directive on the export of Duck Eggs weighs in at 26,911 words. You can liberate a country in a few paragraphs, but the bureaucratic minefield of duck eggs takes a little longer to navigate.
Use your legal knowledge to advance your career
Not many marketing departments have a legal adviser on call to discuss how their campaigns might fare with the ASA. The Chartered Institute of Marketing (CIM) recommends establishing the role of 'marketing compliance officer' to ensure that campaigns are run legally and ethically. Whilst you won't be called upon to give legally binding advice (and you'll need to make it clear that your opinions and views are just that) having someone in the department who has a good grounding in the legal and self-regulatory environment is a great advantage and helps you to progress your career.
There are also the benefits of risk management and damage limitation that a knowledge of law brings to the company. For graduates or professionals wanting to develop their understanding and knowledge of essential law, the CIM is running a one-day course, Must-know law for Marketers, on 8 June in London. See CIM marketing and sales training for more information.
Don't assume someone else will do it
CIM research shows a surprisingly high number of marketers admitting to low or no knowledge of laws that affect them in their day-to-day activities. It seems that familiarity with legal matters is not recognised as important. That's worrying, because the costs of a legal action can be exceptionally high; and also damage the brand and reputation of a company. "Persistent and unwanted" digital marketing, for instance, can now attract a £5,000 fine and two years' imprisonment.
Mark Blayney Stuart is head of research at The Chartered Institute of Marketing
