Legal aspects of the online marketing The ever-growing role and importance of the Internet in today's society encourages the quick development of a relatively young and dynamic field - online marketing. Since the central goal of the online marketing is to maximize the profits of the given entity, commercial interest may easily get into the conflict with the interests of others. However, endangered entities are not only competing entities, but very often the customers themselves, addressing of which is much easier and cheaper in the Internet than in the "real world." In addition, in recent years the importance of the issue of the Internet users' privacy has been growing. Legal responses mainly consist in the public regulation, the compliance of which is supervised by the executor of the public administration appointed to do this by the legislator. However, also private regulation is worth mentioning, which is usually used primarily by competitors of the infringing entity rather than by consumers themselves. This thesis at first introduces the field of online marketing and its tools and consequently deals with the examination of the legal regulation in more detail, including the impact on practice. The aim of the thesis is to look at the legal regulation from the point of view of the practice, which...

ABSTRACT This study provides an empirical analysis of the effect of tobacco marketing regulation on unit sales, in order to evaluate the effectiveness these laws in the United States. The analysis did not find a significant effect of tobacco advertising expenditure on unit sales. Examination of advertising expenditure revealed that tobacco companies substituted banned forms of advertising for other marketing strategies, leading to little reduction in total advertising expenditure and a limited effect on sales. Furthermore, it found an unexpected positive relationship between the 1971 Public Health Cigarette Smoking Act and tobacco consumption; the ban on advertising and promotion actually increased sales by over 88 billion units. Additional empirical evidence is provided from studies performed by Fight Ordinances and Restrictions to Control and Eliminate Smoking (FORCES) and Saffer and Chaloupka that show correspondingly inconclusive results. The paper then discusses several policy implications and subsequent recommendations that follow from these results.

Traditional redress mechanisms such as litigation and traditional alternative dispute resolution generally fail to strengthen consumer confidence in e-commerce. Rather they may represent an additional source of uncertainty. In particular litigation fails to offer the certainty the consumer seeks. To date, neither European nor American courts have found reliable criteria for determining Internet jurisdiction and have failed to provide consistency in their decisions. In addition, uncertainty arising from unclear concepts on the enforcement level and the high volume of disputes with low monetary value have led to the development of online ADR providers that allow individuals from across the world to settle disputes. Both online mediation and online arbitration serve consumers as appropriate instruments to enforce their rights arising out of online disputes. They are designed for disputes with small monetary value and are capable of overcoming jurisdictional obstacles. On the enforcement level, online arbitration based on the New York Convention provides the consumer with a powerful tool on global level. Online consumer arbitration can ensure a maximum of enforceability if the consumer arbitration rules of online ADR providers incorporate the requirements of the New York Convention. In addition or instead of online ADR, businesses increasingly rely on other dispute avoidance and dispute settlement instruments in order to promote consumer confidence. Some of those models employed by e-commerce companies succeed in promoting trust, while others do so only to a limited extent. In particular, mandatory credit card chargeback regimes give consumers an effective and quick means of disputing a transaction with a merchant at almost no cost. On the other hand, escrow services seem to be less appropriate for the typical small amount e-commerce transaction mainly since consumers are generally not willing to pay the added costs for the use of the escrow service for the average small amount transaction. Trustmark and seal programs provide the potential to give guidance to the consumer about consumer protection standards of the online seller before any damage is done and offer effective and inexpensive certification, monitoring and enforcement procedures. However, to date trustmark and seal systems have applied these powerful tools only to a limited extent. A proliferation of trustmark and seal programs make it hard for consumers to distinguish between differences in the programs and to assess their quality. Rating and feedback systems provide an immediate and inexpensive source of information to buyers about sellers and a strong incentive for good performance to repeat sellers. These systems are prone to abuse and information gathered through these systems is often unreliable. In my thesis I argue that traditional litigation no longer provides the most appropriate means of dispute settlement in the case of small amount crossborder consumer transactions. Neither do traditional ADR mechanisms provide the most convenient and efficient method of settling online consumer disputes. Online ADR and several other models of redress successfully replace traditional mechanisms since they better meet the challenges of online disputes and live up to recognised consumer protection principles. I argue that online arbitration based on international arbitration law such as the New York Convention presents a particularly viable instrument for the settlement of the average smallamount online consumer disputes. After having sketched the jurisdictional hurdles for the resolution of online disputes I analyse whether both online ADR and other trust-creating models are capable of providing an efficient and fair redress instrument for the consumer. For this purpose, the practises and policies of online dispute resolution providers are mirrored in recognised consumer protection principles and the international legal framework. Likewise the potential and limits of other trust-creating models are explored under the question of to what extent they serve the consumer as a viable instrument to impose her rights. The guiding questions of this evaluation will be if and to what extent these recently evolved institutions meet - according to their policies and practises - the challenges set up by the particularities of online consumer transactions.

Traditional redress mechanisms such as litigation and traditional alternative dispute resolution generally fail to strengthen consumer confidence in e-commerce. Rather they may represent an additional source of uncertainty. In particular litigation fails to offer the certainty the consumer seeks. To date, neither European nor American courts have found reliable criteria for determining Internet jurisdiction and have failed to provide consistency in their decisions. In addition, uncertainty arising from unclear concepts on the enforcement level and the high volume of disputes with low monetary value have led to the development of online ADR providers that allow individuals from across the world to settle disputes. Both online mediation and online arbitration serve consumers as appropriate instruments to enforce their rights arising out of online disputes. They are designed for disputes with small monetary value and are capable of overcoming jurisdictional obstacles. On the enforcement level, online arbitration based on the New York Convention provides the consumer with a powerful tool on global level. Online consumer arbitration can ensure a maximum of enforceability if the consumer arbitration rules of online ADR providers incorporate the requirements of the New York Convention. In addition or instead of online ADR, businesses increasingly rely on other dispute avoidance and dispute settlement instruments in order to promote consumer confidence. Some of those models employed by e-commerce companies succeed in promoting trust, while others do so only to a limited extent. In particular, mandatory credit card chargeback regimes give consumers an effective and quick means of disputing a transaction with a merchant at almost no cost. On the other hand, escrow services seem to be less appropriate for the typical small amount e-commerce transaction mainly since consumers are generally not willing to pay the added costs for the use of the escrow service for the average small amount transaction. Trustmark and seal programs provide the potential to give guidance to the consumer about consumer protection standards of the online seller before any damage is done and offer effective and inexpensive certification, monitoring and enforcement procedures. However, to date trustmark and seal systems have applied these powerful tools only to a limited extent. A proliferation of trustmark and seal programs make it hard for consumers to distinguish between differences in the programs and to assess their quality. Rating and feedback systems provide an immediate and inexpensive source of information to buyers about sellers and a strong incentive for good performance to repeat sellers. These systems are prone to abuse and information gathered through these systems is often unreliable. In my thesis I argue that traditional litigation no longer provides the most appropriate means of dispute settlement in the case of small amount crossborder consumer transactions. Neither do traditional ADR mechanisms provide the most convenient and efficient method of settling online consumer disputes. Online ADR and several other models of redress successfully replace traditional mechanisms since they better meet the challenges of online disputes and live up to recognised consumer protection principles. I argue that online arbitration based on international arbitration law such as the New York Convention presents a particularly viable instrument for the settlement of the average smallamount online consumer disputes. After having sketched the jurisdictional hurdles for the resolution of online disputes I analyse whether both online ADR and other trust-creating models are capable of providing an efficient and fair redress instrument for the consumer. For this purpose, the practises and policies of online dispute resolution providers are mirrored in recognised consumer protection principles and the international legal framework. Likewise the potential and limits of other trust-creating models are explored under the question of to what extent they serve the consumer as a viable instrument to impose her rights. The guiding questions of this evaluation will be if and to what extent these recently evolved institutions meet - according to their policies and practises - the challenges set up by the particularities of online consumer transactions. / Law, Peter A. Allard School of / Graduate

The objective of this thesis was to evaluate the standard of marketing planning in social services facilities established by the citizens? association o.s. Prevent. The objective was to find out whether such planning is performed and, if so, how and in which areas. In my research I focused on identification opportunities, risks, weaknesses and strengths of the individual facilities by means of a situation analysis, which enables to set the main pillars of the future marketing strategy. Further, I evaluated the provided services by interviewing a user of the services about the quality of service provided by o. s. Prevent facilities. The research was performed in facilities providing services in the drug addiction area on the territory of the South Bohemian region. Marketing as such was always primarily used in the profit sector. Currently, however, it has also entered the sector of non-profit organizations. The process is often accompanied by skepticism, which is based on a superficial view of the purpose of marketing management and also on the dominant position of the service providers in the region which means that they are not sufficiently motivated to use marketing. The method used for the research was collection of qualitative data. The data were collected by means of non-standardized questionnaires. Another research technique was interviewing. Additionally, directors of the individual facilities filled out tables for the situation analysis and clients of the facilities filled out non-standardized questionnaires with open questions. The research has shown that the individual facilities fail to use in their planning the structured mechanisms of marketing planning. Their planning is based on the necessity to meet requirements set by the law and in many cases their approach to the planning is rather intuitive. The quality of planning then depends on capabilities of directors of the individual facilities. A strong motivation element in favor of development of marketing strategies of the facilities might be the lack of financial means. On the other hand, the lack of funds also threatens introduction of new marketing activities in those facilities. Therefore it is necessary to think about the ways of effective generation of funds by their secondary economic activities. The research has confirmed the client´s satisfaction which is a significant indicator of quality of the provided services and of properly performed work by the facility. However, for a more efficient comparison comparative studies should be performed comparing the services with those of other facilities of similar type; this is the only way to prepare the facility for the ever more competitive market of providers of the services in the future. For the future structured planning it is essential to set some objectives. The objectives should be as specific and detailed as possible. The objectives should be measurable and comparable as only such objectives will enable to work on an effective and long-term strategy for the facilities.

A research report submitted to the Faculty of Humanities, University of the Witwatersrand, Johannesburg, in partial fulfilment of the requirements for the degree of Master of Arts(Arts and Culture Management) 2017 / American film producer, Jason Berman reminds us that music is something the rest of the world wants to listen to; our job is to make sure they pay for it (Matzukis, 2013). When a piece of music is written, a legal right to it comes alive and is vested in the songwriter (author), but if that piece of music is later recorded, a totally different copyright vested in the record company comes alive (Matzukis, 2013). Unfortunately, it appears that the majority of local music role players, particularly composers, producers and performers, are not sufficiently equipped with legal knowledge and common understanding of the music trade’s secrets, its ecosystem or the music industry value chain. The lack of knowledge and exposure is attributed to historically manifested control of the music markets by record companies owned by foreign multinational conglomerates. As a result, a large number of famous and popular local musicians have died penniless. This scenario is painted vividly in an online article titled “Why do our artists die poor?”, which cites Brenda Fassie and Simon Mahlathini Nkabinde as examples of artists who died poor because of bad decisions they made in their career, despite their fame and wealth of music compositions. (www.you.co.za/entertainment/why-do-artists-die-poor/#) In South Africa, the major constraints on the launching of a musical career are access to trade knowledge and the means of production, such as recording facilities (Jordan, 2009).The Southern African Music Rights Organization’s empirical research shows that international music still dominates the South African music market, with 74% of music sold and played on broadcasting and public platforms (Samro, Notes, November 2014, p 13). As a result, the majority of local independent music composers, producers and performers are forced to share the remaining 26% of the music market. This situation worsens when widening the scope to include music role players who are located outside of urbanised provinces such as Gauteng and Western Cape, because most of them lack access to adequate and professional recording studios; lack basic knowledge on ownership of compositions and sound recordings rights; lack the skill to interpret the copyright laws; lack understanding of contractual issues between the artist and record company; lack understanding of the exportation trade; lack the means to submit their audiovisual works for airplay and lack adequate resources to build their brands for competitiveness. Since 2006 the South African music industry has seen an increase in government expenditure on and investment in musical institutions, at national and provincial levels, which are defined in this study as “music hubs”. In 2006, the Eastern Cape Audio Visual Centre (ECAVC) was established in East London (Eastern Cape Province); in 2009/2010, the KZN Music House was established in Durban (KwaZulu-Natal) and in 2008, the Downtown Music Hub was established in Johannesburg (Gauteng Province). The rationale to establish these music hubs is to ease access to the means of production for a large number of local music composers, producers and performers. The purpose of this impact analysis study is evaluate to what extent these music hubs are fulfilling their redress and transformation policy mandate to be beacons of hope for the local music industry. The theoretical grounds of this research study are premised on the concepts of transformation to create access for previously marginalized groups and black economic empowerment for local music role players. This research will unpack how these music hubs, in South Africa, can be used as tools for redress and to transform the music industry into an equitable market for all role players. Although government, at national and provincial level, shows commitment to establishing musical institutions that aim to combat the challenges facing the local music role players as outlined above, it is regrettable that the two music hubs (case studies) in the respective provinces are battling to position themselves as provincial music industry center pieces that create a competitive provincial music ecosystem and network to connect and empower local music industry role players. In 2009, the former minister of arts and culture, Pallo Jordan, in his speech at the launch of the Downtown Music Hub, indicated that the purpose of establishing the music hubs was to lower the barrier by making recording facilities, music manufacturing plants, music distribution channels and music stores more accessible to the most qualifying music role players (Jordan, 2009). This means that if these music hubs are understood as the music development trajectory in South Africa and well implemented, they have the potential to help local music industry role players become more competitive and perform on global music market platforms. / XL2018

This thesis analyzes the strengths and weaknesses of various types of eco-labels, focusing primarily on differences between mandatory and voluntary eco-labeling programs. I argue that many of the problems with eco-labeling could be addressed by improving regulations. The current regulation of eco-labeling in the United States is discussed, especially the shortcomings of the FTC’s Green Guides. I recommend creating enforceable national legislation to regulate environmental claims that includes involvement of key stakeholders, a list of acceptable environmental claims, enforceable national definitions of environmental terms, an avenue for manufacturers and consumers to challenge environmental claims, consumer education, and periodic review and revision.

In recent years, concern about food safety linked to health issues has seen a rise in private food safety standards in addition to the regulations set by the Food and Agriculture Organisation (FAO) in collaboration with the World Health Organisation (WHO). These have presented challenges to producers and exporters of agricultural food products especially the producers of fresh fruits and vegetables. In spite of the food safety-linked challenges from the demand side, the vast range of business-environment forces pose equally formidable challenges that negatively impact on the exporting industries’ ability to maintain or improve their market shares and their ability to compete in world markets. The objective of this study was therefore to establish the competitiveness of the South African citrus industry in the international markets within this prevailing scenario. Due to the diversity of the definitions of competitiveness as a concept, this study formulated the following working definition: “the ability to create, deliver and maintain value and constant market share through strategic management of the industrial environment or competitiveness drivers”. This was based on the understanding that the international market shares of an industry are a function of forces in the business environment which range from intra-industry, external and national as well as the international elements. The unit of analysis were the citrus producers engaged in export of their products and the study made use of 151 responses by producers. The study adopted a five-step approach to the analysis of the performance of the South African citrus industry in the global markets, starting with the analysis of the Constant Market Share (CMS) of the South African citrus industry in various world markets, establishing the impact of the business environmental factors upon competitiveness, establishing the costs of compliance with private food safety standards, determining the non-price benefits of compliance with the standards, as well as highlighting the strategies for enhancing long-term competitiveness of the industry in the international markets. South Africa is one of the top three countries dominating the citrus fruit export market. Since its entry into the citrus fruit exports market in the 1900s, the industry has sustained its activity in the international market. The Constant Market Share Analysis shows that, amidst the challenges on the international market side, and the changes in the business environment, over much of which the industry has limited control and influence, the industry has maintained its competitive advantage in several markets. The CMS shows that South Africa’s lemons are competitive in America. Despite a negative trend, the South African grapefruit has been competitive in France, Greece, Italy, the Netherlands and Spain. Oranges have been competitive in the Greece, Italy, Portugal, UK, Asian and Northern Europe markets. Competitiveness in these markets has been due to the inherent competitiveness of the industry. Competitiveness in such markets as the Middle East has been attributed to the relatively rapid growth of these markets. The South African citrus industry has similarly undergone many major processes of transformation. The business environmental factors influencing its performance have ranged reform to the challenges beyond the country’s borders. These factors directly and indirectly affect the performance of the industry in the export market. They have influenced the flow of fruits into different international destinations. Of major concern are the food safety and private standards. Challenges in traditional markets as well as opportunities presented by demand from newly emerging citrus consuming nations have seen a diversification in the marketing of the South African citrus. The intensity of competition in the global market is reflected by the fluctuations in the market shares in different markets as well as the increase and fluctuations of fruit rejection rates in some lucrative markets such as America. A combination of challenging national environmental forces and stringent demand conditions negatively impact on revenues especially from markets characterised by price competitiveness. This study identified cost of production, foreign market support systems, adaptability, worker skills, challenges of management in an international environment and government policies such as labour and trade policies as some of the most influential obstacles to competitiveness. Some of the most competiveness-enhancing factors were market availability, market size, market information, market growth and the availability of research institutions. However, compliance with private standards still poses a challenge to the exporters. The different performance levels of the industry in various markets prove the dissimilarity of the demand conditions in the global market. These are supported by the negative influence associated with the foreign market support regimes as well as the challenges associated with compliance with private food safety standards. While market availability, market growth, market information and size were identified as enhancing competitiveness, the fluctuations and inconsistencies in the competitiveness of the industry in different foreign markets require more than finding markets. Resource allocation by both the government and the industry may need to take into account the off-setting of the national challenges and support of farmers faced with distorted and unfair international playing fields. Otherwise, market availability is not a challenge for the industry save meeting the specifications therewith as well as price competitiveness which is unattainable for the South African citrus producers faced with high production costs. For the purposes of further study, it is recommended that account should be taken of all the products marketed by the industry (including processed products such as fruit juices) in order to have a whole picture of the competitiveness of the industry in the international market. This study also proffers a new theoretical framework for the analysis of the business environment for the citrus industry and other agro-businesses. This framework takes into account the indispensability of the food safety standards and measures as well as the diversity of the global consumer and the non-negotiability of food trade for the sustenance of the growing population.

Thema of this master’s thesis is analysis of legislation influences on advertisement. Beside generally advertisement adjustment is master’s thesis oriented firstly on regulation advertisement of food supplements. On the concrete example are displayed analysis of suppose deficiencies. This master’s thesis also solves problem with advertisement production and legislation verification on marketing department in firm VALOSUN a.s.

In the context of the Internet, spam generally refers to unsolicited and unwanted electronic messages, usually transmitted to a large number of recipients. The problem with spam is that almost all of the related costs are shifted onto the recipients, and many of the messages contain objectionable content. Spam has become a significant problem for network administrators, businesses and individual Internet users that threatens to undermine the usefulness of e-mail. Globally, spam spiralled to account for over 60% of all e-mail near the end of 2004. It is a problem that costs the global economy billions of dollars a year in lost productivity, anti-spam measures and computer resources. It has forced governments to enact legislation against the problem and it has prompted the development of numerous technical countermeasures. Spam can only be defeated by a combination of legal measures, informal measures (including self regulation and social norms), technical measures and consumer education. Because spam is a relatively recent and evolving problem, the application of various common law mechanisms are explored, including the law of privacy and the law of nuisance. Various constitutional concerns may also arise in the context of spam, and the right to freedom of expression must be balanced against other competing rights and values, including the right to privacy. Comparative legislation is examined, because it is important to recognise trends in spam legislation in other jurisdictions so as to ensure a measure of interoperability with those laws. The practical difficulties in identifying spammers, and the lack of jurisdiction over offshore offenders affect the practical implementation of the current protection offered by the ECT Act. In conclusion, this thesis identifies the need for direct anti-spam legislation in South Africa, and suggests various clauses that will need to be catered for in the legislation. It is submitted that "opt-in" legislation should be preferred over "opt-out" legislation. It is further submitted that a definition of spam should be based on the volume and indiscriminate nature of the e-mail, and not only on whether the communication was commercial. Therefore, a definition of bulk unsolicited e-mail is proposed. / Criminal & Procedural Law / LLD