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Effects of false and misleading advertisements
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CLAW 1001-Case analysis Google Inc v Australian Competition and Consumer Commission [2013] HCA 1 (6 February 2013) A. Introduction Google Inc v Australian Competition and Consumer Commission (ACCC) [2013] HCA 1 (Google Inc) refers to the s18 of Australian Consumer Law (ACL), previously as with the s52 of Trade Practice Act 1974 (Cth). This paper will examine the High Court 's judgment in determine whether or not displaying the sponsored links and organic research result contravene the law. Moreover, it will also address the effects of High Court's decision for future similar cases in order to infer the commercial significance, and the implications of for the company, advertisers and consumers. B. Relative Facts and Issue of this case The appellant (Google) search engine published organic search results and sponsored links, which are advertisements created by advertisers and formed by Adwords program, on users result page in response to users search request. The respondent (ACCC) claimed that by publishing those kinds of website 's address, Google is engage in conduct, which involved with misleading and deceptive. (Google Inc at [1] ) Issues which arising from this case are: 1. Whether the "ordinary" or "reasonable" members of that class would be misled or likely to be misled by Google 's representations. 2. Whether the users of Google engaged in conduct that give rise to the pleaded representations and any significance should be placed on the choice of medium. 3. Whether merely publishing or displaying sponsored links is adoption or endorsement of the misleading representations. In other words, whether Google made the alleged representations. 4. Whether Google is liable for the advertisements placed by its advertisin... ... middle of paper ... ...ases. For the future plaintiffs and defendants, the High Court could apply this case as an authority for search engine based on the unlikely situation of later cases. Further, on the perspective of a advertisers, they could use different ways to propagate themselves but they should due diligent to undertake the truth of their describes, although the most of them are puffery and exaggeration. On the other hand, Consumers should clearly make in mind about what they actually want and then try to free from misleading and deceptive conduct. E. Conclusion In the case of Google Inc, reveals the unpredictability of many cases whether breach the Australian Consumer Law. The case was central in the difference consumer experience and point of view to each advertisement arising with various media. Overall, the users of Google shall bear the consequence of their own actions.
In Nicholas Carr’s article “Is Google Making Us Stupid” the reader finds all three methods of persuasion, ethos, pathos, and logos in emphasizing his point that Google is possibly making people stupid; but it is ultimately the people who cause their own mental deterioration. His persuasion is a reminder to people of the importance of falling back on the “traditional” ways of reading. He also understands that in skimming an article one has the ability to retain what is necessary. Carr himself points out that in the past he was better able to focus on what he read and retain the information. However, now he exercises the process of browsing and skimming over information, just as many individuals have come to do in this day and age.
The evidence she uses is broad and from many sources which makes it an ethical appeal. “Behavioral advertising was used by 85% of ad agencies in 2010” (Andrews 709). This is one example of the many pieces of evidence Andrews used to make her purpose. The evidence is relevant because it is one of the first pieces of evidence used and it introduces the topic well. It is also sufficient because it gives the audience great insight into what is to come. “A Consumer Reports poll found that 61% of Americans are confident that what they do online is private and not shared without their permission…” (Andrews 711). Consumer Report polls along with the other pieces of evidence create an ethical appeal because of the variety of sources. Using a variety of sources is key to an effective argument because this make the author reliable. The evidence used throughout her paper are explained and analyzed effectively to help young internet users understand behavioral advertising and data
This essay will examine key aspects of the recent implementation of the Australian Consumer Law (ACL) 2011, which is the largest overhaul in Consumer Law in Australia in the past twenty five years. The ACL replaces 20 existing State and Territory laws into one national law , the legislation was enacted in two main parts as Schedule 2 of the renamed Trade Practices Act 1974 (Cth) (TPA) - Competition and Consumer Act 2010 (Cth) (CCA) . Aforementioned this essay it will outline the key benefits of the implementation of the act. Furthermore it will critique the Act, whilst exploring the objectives of the legislation.
“ Persuasion is clearly a sort of demonstration, since we are most fully persuaded when we consider a thing to have been demonstrated” (Aristotle). In the essay “Is Google Making Us Stupid” Nicholas Carr presents a compelling argument in which he supports with Aristotle’s three styles for effective argumentation (logos, pathos, and ethos). Nicholas Carr appeals to the reader’s logic and reasoning, the reader’s emotion, and builds credibility within his essay. He exercises several effective writing strategies to strengthen his argument in the essay.
...n argued that by Goggle’s agreement to collaborate with the Chinese government in censoring the Internet and in its advertisement market they are violating their “don’t be evil” motto (Intelligence2, 2008). Nevertheless I agree with Esther Dyson, Jim Harper, and Jeff Jarvis that while such actions have occurred Google seeks to improve the information of people throughout the world. Google is willingly to sacrifice its interests, in this case its reputation, for the over all good of the world upholding its don’t be evil motto.
Rinallo, D., Basuroy, S., Wu, R., & Jeon, H. J. (2013). The media and their advertisers: Exploring ethical dilemmas in product coverage decisions. Journal of Business Ethics, 114(3), 425-441. doi:10.1007/s10551-012-1353-z
Google is the largest search engine across the globe, which has significantly transformed the use of the Internet as an information source. The influence of Google in Internet use as information source is evident in the fact that by June 2010, it accounted for more than 70 percent of total Internet searches in America. In addition to its success and profitability in the global market, Google is renowned as a highly ethical company as demonstrated in its corporate philosophy features. However, the firm’s behavior during the launch of its China-based search engine in 2006 generated huge skepticism from the United States government and several human rights organizations (Baker & Tang, p.2). Since the launch of Google’s Chinese search engine, the company complied with China’s censorship regulations by deciding to filter out terms that are considered politically sensitive. This decision attracted criticism from political leaders and human rights activists who accused Google of betraying its adopted ethical standards by ignoring the essence of freedom of expression and information access. As a result, Google faced a dilemma involving the clash between law and ethics. In the subsequent years, Google reacted to the dilemma by changing its rhetoric strategies in efforts to respond to the changing needs.
Google Inc. is a company that started in 2002 and has gradually grown to become an international technology company. Google’s business is mainly focused around vital areas, like advertising, search, operating platforms and systems and platforms, hardware products and enterprise. The company produces its revenue mainly by distributing online advertising. Google also produces revenues from Motorola through selling products. The company offers its services and products in over 100 languages and in over 50 regions, territories and countries. The company assimilates various features in its search service and gives dedicated search services to aid users modify their search. Google also gives product-listing advertisements, which comprise of product information, like price, merchant information and product image without needing ad text or extra keywords.
... middle of paper ... ... This way, Google can secure profit from the Chinese market while avoiding a confrontation of such level of furor that Yahoo had faced when the information it turned over to the Chinese government was used to sentence people to prison terms. By complying with the the Chinese government but also having such protection features, Google can enter Chinese market and maximize its profit while minimizing harmful effect by differentiating itself from other companies such as Yahoo and MSN.
On September 18th, Uber, a mobile ridesharing service, filed a lawsuit against Fetch Media, a UK mobile advertising agency, to the US District Court for the Northern District of California, claiming that their mobile ads by Fetch were not as effective as expected. The ads were supposedly nonexistent, nonviewable, or fraudulent ads that caused a great amount of monetary damage to Uber, estimated to be at least $50 million. In their contract, it was stated that Fetch would only get profits on the users who clicked on the ads to download, sign-ups or first trips. However, Uber believes Fetch got credit for app downloads without ever having customers physically tapping on the app. They also didn’t prevent ad fraud and didn’t return rebates they owed to Uber.
This report will describe the history of government regulations and FTC. How that applied to Google search and personal privacy. The changes made from the settlement between Google and the FTC, the difference Google's practices and policies from before the settlement and after the settlement, and the current demands and expectations from current and vocal Google users. The report will also draw a conclusion from the findings and will determine if additional regulations are needed or if the regulations currently in place are sufficient.
A penalty for violating consumer privacy laws should not be taking lightly. It violates consumer trust and imposes liability and loss to shareholders. With quality training, workshops and programs for employees as well as management will help the company face ethical challenges that could contribute to welfare or paralyze its principle. Technology continues to advance and globally integrate society. The effect on business, government and social networking creates valuable resources that will offer the next generation education, competitive creativity and research development.
“(89) Should our ideas or thoughts shared online be permitted to be aggregated with millions of other individuals and sent to marketing firms? While we accept the terms of the agreement, can it really be said that we are accepting their practices, and what would the boundary defining ethical and legal behavior be set at? With that said, it should be noted the author does not necessarily believe domination always results in exploitation. “The mere fact that someone benefits from the efforts of others does not, in itself, constitute exploitiation….it is not reducible to whether or not individuals feel they are the victims of exploitation” (91). This is an important point to address, as it ties directly into the idea of privacy and life in our 24-7 connected world.
In 1994, a new form of advertising and getting products and services into the world was discovered: the internet. Online advertising has been growing rapidly. We can see advertisements on almost any webpage we go to. Even if you try to avoid ads, you are bound to find some. This leads us to a crucial part of advertising which is ethics.
It will influence those who advertise their product with brochure, newspaper and social media. Case 1: 14-058MR ASIC Concerns about ANZ advertising Facts ASIC believed ANZ were not insufficiently prominent to ensure that consumers would not misled while these conditions were disclosed in the advertisement. The consumer may have been misled by the advertisement when applying for income protection insurance where Australian and New Zealand Banking Group Limited (ANZ). The advertisement for income protection insurance with a bonus of $100 ANZ Visa Gift Card that ran in newspaper and online. However, ANZ was held that the terms of offer did not meet qualification unless they maintain their policy and had breached the Section 12