The Federal Communications Commission will revoke the broadcast license of any company that uses subliminal marketing in its broadcast.
It came to this conclusion after many years of research. In , the FCC issued a statement that subliminal marketing was a cause of public concern and that broadcasters should approach the technique cautiously.
The FCC stated that all broadcasting licensees should not use subliminal advertising techniques because the techniques are deceptive, which runs counter to the purpose of the FCC. The statement is still on the FCC's website as its stance on subliminal marketing.
The Federal Trade Commission does not have any statement or regulation specifically addressing subliminal marketing. The closest it gets are sections 5 and 12 of the Federal Trade Commission Act. These sections forbid any advertising that is deceptive or unfair.
Subliminal marketing falls under the category of deceptive, according to court rulings and the FCC. For advertising to be barred based on unfairness, the act must be intentional and affect commerce, which could be harder to prove for subliminal marketing. Keen not to lose out on the visibility of this lucrative partnership, the cigarette brand decided to make the most of a legal loophole.
Forbidden from plastering the car with the Marlboro logo, the brand opted to stamp a rather peculiar barcode on Ferrari's racing cars.
At first glance, this may look like an odd decision, but the barcode bore more than a passing resemblance to the Marlboro logo when flashing past F1 spectators at home and on the track. A glistening Coke bottle surrounded by ice and sporting the tagline 'Feel the curves' Launched in the mid 80s in south Australia, the more suggestive elements of the image went unnoticed for a number of years.
It was eventually spotted by a driver stuck behind a lorry sporting the ad. The driver noticed that one ice cube appeared to hide the image of a woman performing a sex act. After its discovery, Coca-Cola, apparently oblivious to this visual allusion, promptly scrapped the advert and launched a complaint against the artist, who soon after lost his job. Below is an advert found for a flooring company in the Yellow Pages, with the tagline 'Laid by the best'. While this could be read as innocent or a brazen double entendre, there is little doubt of the advertiser's intention when the image is rotating degrees.
The UK science fiction magazine SFX has become well known for partly covering up its title lettering, so at first and second, and third glance you would be forgiven for thinking the magazine consisted of racier content. The effect often seems to coincide with a beautiful actress appearing with the cover. BONUS : Disney's Lion King was also put into the spotlight as a freeze frame moment showed what appeared to be dust forming the word SEX , but now the widley accepted opinion is that it actually spells SFX, and was added as an easter egg by the SFX team, though nothing has ever been confirmed.
While Facebook is just one example of a company that uses psychographics on users, it is also the company we hear about the most, in large part due to the enormous influence it has had over individuals and societies. Facebook started this psychological experiment with a key human element -- trust.
The company began by bringing friends and family together on its platform, creating communities of trust. Then, using psychographics, it used artificial intelligence AI and algorithms to push forward news feeds that engage two other powerful human emotions -- outrage and fear.
The algorithms pushed forward information that would engage these emotions, whether they were true or not. But because the information was being shared among trusted groups, emotional credence was given to lies.
But Facebook scored more advertising dollars because people clicked and share more frequently when fear and outrage were activated. There are certainly many other examples of companies using behavioral advertising and psychographics. The techniques are widely used by marketers to better target potential and existing customers.
Travel sites and search engines also uses cookies to track what kinds of hotels and flights you search for, so that they can continue to target you with related ads as you surf the web. The result of all of this has been a fundamental breakdown in trust among people and democratic systems. That means there is no one guarding against the unprecedented amount of misinformation available. If we cannot discern the truth for ourselves, we not only give up free will and self-determination, we give up democracy.
Despite all these real consequences, behavioral advertising remains completely legal.
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