Social media is a playground for those brands that love to push the boundaries, but there is a reason you don’t see commercials with South Park as a sponsor on a weed advertisement. When it comes down to which industry you are in, there are specific rules you must follow:
Marijuana — Do not say what you are selling.
This may come as no surprise; advertising and marketing rules in the sin-distruies (alcohol, tobacco, and gambling) are stringent — but also the rules regarding Marijuana as well.
In the U.S., where Marijuana is legal (recreational, medical, or both) in 30 states plus in the District of Columbia, advertising regulations vary state-by-state. Similarly, Canadian provinces have created their own regulations for ads.
The significant difference that separates advertising beer and bud all coming down to imagery. Marijuana users can use very little display of their actual product. Unlike alcohol promotion, they can use products, packaging, etc. Breaking these rules can result in hefty fines and even jail time.
Ever wonder why you don’t see Marijuana ads on your social media accounts (unless you follow them and agree to the age limit). Taking cues from the regulators, operators banned these ads from Google and Twitter. Facebook and Instagram, marijuana advocacy is allowed, but not to post for sale or actively using the drug for the said ad. Here are specific guidelines (Internet advertising) for Colorado:
“A Retail Marijuana Establishment shall not engage in Advertising via the internet unless the Retail Marijuana Establishment has reliable evidence that no more than 30 percent of the audience for the internet web site is reasonably expected to be under the age of 21. See also Rule R 1114 – Pop-Up Advertising.”
With these regulations, crafty-preneurs got busy perfecting their art of marketing their cannabis without showcasing their product.
Alcohol — All about age gating
When you think about drinking, what is the first thing that pops in your head? Socializing? Most of the time, these two come hand-in-hand. Alcohol brands spend billions to engage with their consumers their favorite products. Studies are now showing that their companies are leaving all other industries in the dust.
How can these companies ensure that they are reaching the suitable age group? Insight on this industry shows their target audience to be in the age range of 18-20. With the tools we have online today, these companies can use an age-gating tool that exists on social media platforms such as Facebook, Instagram, Twitter, and YouTube, allowing them to succeed with digital platforms.
Each of these gates works a little differently, depending on the platform.
Twitter, Google, and YouTube resist access to content based on the user’s birthdate provided at the sign-up.
Instagram, age-gatting is optional. Companies may activate this tool by contacting platform representatives. Even though it is optional, beer, liquor, and spirit brands still have legal obligations to follow; reluctantly, many of them do activate the tool.
Since Facebook owns Instagram, users can connect their accounts to one another. Facebook also requires a birthday when users first set up their accounts. If a user does not connect or login into their Facebook account, an age-gate will appear.
Facebook, you can set age restrictions so that visitors who meet your set requirements will be able to view it.
Additional disclaimers are highly encouraged for brands to use. Thus, it will give warning and discourage minors from viewing or following their content.
But there are some grey areas within each industry and what they can say or post. Below we have listed some things that are considered to be obscene, indecent, or profane.
According to Federal Communications Commission, each of the following has its own distinct definitions:
“Obscene content does not have protection by the First Amendment. For content to be ruled obscene, it must meet a three-pronged test established by the Supreme Court: It must appeal to an average person’s prurient interest; depict or describe sexual conduct in a “patently offensive” way; and, taken as a whole, lack serious literary, artistic, political or scientific value.”
“Indecent content portrays sexual or excretory organs or activities in a way that is patently offensive but does not meet the three-prong test for obscenity.”
“Profane content includes “grossly offensive” language that is considered a public nuisance.”
The FCC rules apply in specific natures of the content; the context with the broadcast, time of day, and where the context took place. However, broadcasting obscene content is strictly prohibited by law at all times. Broadcasting indecent and profane content is prohibited on TV and radio between 6am and 10pm — because of the risk of children viewing the content.
When it comes to enforcing the rules, it usually begins with complaints from the public. The FCC will then review the complaints about a possible violation. If the FCC finds a violation, they find the station at fault and have the authority to revoke a station license, hand out a fine, or issue an admonishment warning.
CEO | Brand Champion
Michael Doyle has been changing the face of Brand Marketing for over two decades. He built a tech-based advertising agency, DNA Advertising, into a multi-million dollar company. Michael sold the company as part of a national IPO in 2000. Michael founded Brand Iron in 2002 and has since lent his expertise to hundreds of other businesses in dozens of industries around the world.
