Is Subliminal Advertising Ethical or Not?

Subliminal advertising conveys hidden messages of which viewers are not consciously aware. This ad strategy poses serious ethical issues, particularly because subliminal ads can manipulate consumer behavior even when consumers aren't making a conscious choice and aren't aware of what they've seen. Advertisers that intentionally use subliminal messages may experience a consumer backlash and even could land in legal trouble.

persuasive speech subliminal advertising should be banned

Subliminal Advertising Basics

Advertisers often try to create an association between a product and happiness, better health or more financial stability. However, true subliminal advertising attempts to create an association that the consumer doesn't notice. For example, an advertiser might insert a single frame into a cartoon that contains a message or could use an image that triggers sexual thoughts without the consumer being consciously aware of such thoughts. It is extremely difficult to prove that an advertiser has used subliminal ads, because consumers aren't consciously aware that the ad is affecting their behavior.

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What is faux marketing, ethical dimensions of advertisements, marketing issues that have ethical implications, influence of advertisement on women & the attitude toward cosmetics, reasons for jingles in advertising, ads and choice.

The advertising industry exists to give consumers information about competing products and to tempt them to choose one product over another. However, subliminal advertising removes choice from the consumer. A woman who sees a subliminal ad for mascara, for example, might not be buying the product because she likes the way it works or because of the price. Instead, she might be triggered by a subliminal message to believe that without the mascara, she will be harmed or that the mascara somehow will improve her life. While advertisers sometimes subtly convey these messages, subliminal messages are presented in a way that the consumer isn't consciously aware of them, removing the ability to choose or critically evaluate a product.

Safety and Values

Some subliminal ads cater to unethical desires or inappropriately target a particular market. For example, a cigarette advertiser might insert a subliminal message telling children that smoking is cool or safe. Other advertisers might use inappropriate sexual messages. This can undermine a consumer's conscious values, promote unethical behavior or increase a consumer's desire to engage in an unhealthy or risky practice. Because consumers aren't aware of the message, they don't know they're being manipulated into behavior they otherwise might not exhibit. Some consumers have alleged that musicians insert subliminal messages into their music. For example, in 1985, two Judas Priest fans attempted suicide, and their parents alleged that the band had inserted the subliminal message of "do it" into their music.

Legal Issues

There are no specific laws banning subliminal advertising, but several states have attempted to outlaw the practice. Consumers can sue when they believe they are harmed by an advertisement, even if there is no specific law prohibiting subliminal advertising. These lawsuits are called torts, and they allege intentional or negligent harm. The Federal Trade Commission requires that advertisers be truthful in their advertisements, and marketers that violate truth-in-advertising laws by using false subliminal messages can be fined.

Effectiveness

There is ongoing debate among psychologists and advertising experts about the effectiveness of subliminal advertising. The judge in the Judas Priest trial, for example, found that there was no evidence that subliminal messages could affect behavior. However, even if subliminal advertising does not work, attempts by advertisers to control consumer behavior are widely perceived as unethical.

  • The Tech: Expert Disucsses the Ethics of Subliminal Advertising
  • Psychology and Business: Subliminal Advertising - Psychology and Ethics
  • Advertising Educational Foundation: Ethics in Advertising
  • University of Michigan: Are Sublimnal Messages Legal?
  • Lawpublish.com: Subliminal Advertising
  • Bureau of Consumer Protection: Advertising FAQs - A Guide for Small Business

Van Thompson is an attorney and writer. A former martial arts instructor, he holds bachelor's degrees in music and computer science from Westchester University, and a juris doctor from Georgia State University. He is the recipient of numerous writing awards, including a 2009 CALI Legal Writing Award.

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Are Subliminal Messages in Advertising Ethical?

subliminal-messages-in-advertising-ethical

Subliminal messages in advertising (or marketing) copy pertains to any communication that is not obvious (or apparent) to the viewer. Simply put, it is a way to convey hidden messages with them aim of getting in the audiences’ subconscious mind.

While this might seem amazing, conceptually, it is scary. It could do wonders to change an audiences’ perception about a brand or a product. It is also the basis of spreading propaganda. But is subliminal messages in advertising  ethical?

Considering it’s about making people do things through their subconscious mind? Nudging them to take an action that you want them to take? An action they might not have taken if given a conscious choice?

Seems pretty damn unethical to us!

subliminal-messages-in-advertising-ethical

Relevant Media Placements vs Subliminal Advertising

The main problem with subliminal messages in advertising is that it remains debateable. The audience  is not able to tell whether they’ve been conditioned. If the customers themselves are not aware that there is a secret message in what they are exposed to. And they’re being conditioned to behave or act a certain way?

Does it seem right.

For example, most subliminal advertisements work by inserting something like a cartoon frame containing health references. It makes people think of health benefits whenever they see it. There is no direct reference to health benefits, and it cannot be directly pointed out if there are any subliminal messages in advertising being used.

This sort of subliminal advertising can also be called relevant placement from a media perspective.

Subliminal Messages in Advertising Are A Violation of Free Will

Most professionals believe that subliminal is unethical because it takes away free will and and discredits the power of choice that the customer has. For instance, when you watch TV commercial or a product instore, as a shopper you have the choice to evaluate and compare several alternatives without any bias.

You gauge the benefits of each (brand saliency play a very important part here) and arrive at decision to buy the product or not.

But subliminal messages try to influence that decision making through gaining an unfair advantage. Since the message is not in your face and obvious, customers are unconsciously drawn towards making a choice they are not even aware of.

Subliminal Advertising Grants Advertisers An Unfair Advantage

As has been pointed out repeatedly, subliminal messages are not entirely legal. This is because most subliminal messages in advertising are compared to deception, and thus, are recognized as not being in public interests.

They can not only undermine a consumer’s ethical values, they may promote unethical behaviour in the consumer to engage in illegal and unethical activities.

For example, a marketer may insert a simple message in an advertisement that indirectly promotes smoking in underage children. However, the main problem with subliminal messages in advertising is identifying them.

While they can be fined if their content is questionable, since most of them are little more than technically illegal, the advertisers are often at no threat of any punishment.

Verdict: Are Any Sort of Subliminal Messages in Advertising Ethical?

This brings us back to our core question. Are subliminal messages in advertising ethical?

Again, the whole idea of advertising is to make people lean in towards a particular product. But not through unfair means. The main problem with subliminal advertising is that it takes away free will of the customer.

How? By restricting them, and their decision. It’s actually down right manipulation. Even if subliminal advertising is implemented under regulations and within guidelines. It will still remain unethical in our opinion.

Thus, no matter how you look at it, subliminal advertising is unethical and is frowned up by the vast majority.

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September 1, 2015

A Short History of the Rise, Fall and Rise of Subliminal Messaging

People have believed in subliminal influences for hundreds of years—but the last few decades have taken a far more scientific look at these ideas

By Victoria Stern

Join Our Community of Science Lovers!

The idea that people can be subliminally influenced is ancient—historical evidence suggests that in the fifth century B.C., Greek thinkers attempted to employ subtle yet persuasive language to sneakily influence people. In the mid-20th century the idea famously captured popular attention, but science has only recently begun to parse the actual effects of subliminal messages.

1943 : Subliminal messages were occasionally embedded in radio, film and television programs. In an animated short featuring Daffy Duck in 1943, for example, the words “BUY BONDS” appear briefly on screen. Nobody knew whether these messages would influence people, but they figured it couldn't hurt to try.

1957 : James Vicary, a market researcher, claimed that by flashing the words “Eat Popcorn” and “Drink Coca-Cola” during a movie for a fraction of a second, he significantly increased the sale of these snacks. Five years later he admitted he had faked the study. By that time, however, the public had grown concerned—and advertisers and government agencies intrigued—about the manipulative power of these messages.

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Late 1960s–1980s : Scientific studies throughout the 1960s, 1970s and 1980s tended to discredit the claims that subliminal messages could subtly influence behavior. One study, for instance, showed that flashing the words “Hershey's Chocolate” on a series of slides during a lecture did not influence whether students purchased Hershey's products during a 10-day period.

1990s : Although many studies continued to discredit the claim that subliminal messages carried any psychological weight, other research started to uncover subtle effects. In one such study from 1992, participants viewed images of a person engaged in a normal daily activity. After each image, researchers quickly flashed a photograph: half the viewers saw positive, uplifting content, and half saw negative content. Those who saw negative messages reported thinking of the photographed person in a more damaging light.

Early 2000s : Research continued to show that subliminal messages do influence our perceptions; the effect is just subtler than we thought.

2006 : Studies have shown subliminal messages may work in advertising after all, in certain situations. For example, a 2006 study found that participants flashed an image of a brand-name drink, in this case Lipton Ice Tea, were more likely to choose that brand to quench their thirst. This association only held up, however, if participants were already thirsty. (Another provocative study showed that embedding images related to thirst in an episode of The Simpsons actually made people thirstier.)

2007 : Subliminal messages may also enhance academic performance. In a 2007 study, researchers flashed students hidden words related or unrelated to intelligence, such as “talent” and “grass,” respectively, before a practice exam. Those who saw the intelligence words performed better on a midterm one to four days later.

2010–2015 : Imaging studies have shown that our brain responds to subliminal messages in measurable ways. Activity levels change in the amygdala, which processes emotions, the insula (involved in conscious awareness), the hippocampus (involved in processing memories) and the visual cortex.

Advertising Ethics

  • First Online: 29 August 2023

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persuasive speech subliminal advertising should be banned

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Advertising aims at persuading consumers to buy products and services. The more persuasive advertising is, the more effective, but also the closer it comes to the limits of moral acceptability. In this chapter, we discuss one such a limit, namely, when advertising moves from information to manipulation, through deception and seduction, and thereby becomes harmful to consumers. The potentially manipulative features of social media advertising are explored. Stereotypical advertising can be harmful when it belittles certain groups, and it can thereby become a cause of discrimination and social inequality. When advertising leads to over-consumption, it can be detrimental to consumer health, and it can be harmful to the environment. This may give cause to more regulation and restrictions on advertising in the future.

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Jeurissen, R. (2023). Advertising Ethics. In: Dubbink, W., Deijl, W.v.d. (eds) Business Ethics. Springer, Cham. https://doi.org/10.1007/978-3-031-37932-1_13

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COMMENTS

  1. Does subliminal advertising actually work? - BBC News

    But a nagging anxiety about the supposed power of subliminal advertising has never gone away. Ever since the 1957 panic, it has been banned in the UK. So is all this anything more than a...

  2. Is Subliminal Advertising Ethical or Not? - Small Business

    There are no specific laws banning subliminal advertising, but several states have attempted to outlaw the practice. Consumers can sue when they believe they are harmed by an advertisement,...

  3. Are Subliminal Messages in Advertising Ethical? - Advergize

    Subliminal messages in advertising (or marketing) copy pertains to any communication that is not obvious (or apparent) to the viewer. Simply put, it is a way to convey hidden messages with them aim of getting in the audiences’ subconscious mind.

  4. How Advertisements Manipulate Behavior | Scientific American

    As public pressure mounted in response, the U.K., Australia and the National Association of Broadcasters in America all banned subliminal advertising sight unseen. There was a glitch,...

  5. Why Behavioral Advertising Should Be Illegal - Forbes

    Rather than banning Facebook or Google, we should ban behavioral advertising and the gathering and selling of psychographic data.

  6. Subliminal advertising has gotten more powerful: it’s time ...

    In recent years subliminal advertising has been gaining scary ground in how it affects consumer purchases, all under the radar of the conscious mind. It’s about time that the media and corporate America be held accountable for their gravely unethical conduct.

  7. A Short History of the Rise, Fall and Rise of Subliminal ...

    The idea that people can be subliminally influenced is ancient—historical evidence suggests that in the fifth century B.C., Greek thinkers attempted to employ subtle yet persuasive language to...

  8. Subliminal Perception: Legal Issues - University of Michigan

    Are subliminal messages legal? In Australia and Britain, the use of subliminal advertising has been banned with severe consequences for those who disobey the strict laws. In the United States, not much is being done from a legal standpoint to curn the use of subliminal messages.

  9. University of Texas Rio Grande Valley ScholarWorks @ UTRGV

    Traditionally, one of the biggest issues in advertising ethics has been the issue of subliminal advertising. A study by James M. Vicary was reported (“‘Persuaders’ get deeply hidden,” 1957), in which moviegoers were exposed to the subliminal messages of “eat popcorn” and “drink Coca-Cola” and reportedly bought more concessions as a result.

  10. Advertising Ethics - SpringerLink

    The effectiveness of this particular form of subliminal advertising is scientifically disputed, and legislators have already banned it just to be on the safe side. In case of persuasion, advertising offers a completely rational argumentation, which speaks to the consumer’s free will and rationality. A good example of this is offered by the ...