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list of contributors - GALA

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cease and desist orders, administrative surcharges, private tort claims, and<br />

criminal charges. In addition to oversight and controls by health inspectors,<br />

violation <strong>of</strong> the Pharmaceutical Act carries possible criminal sanctions.<br />

B. Industry Self-Regulation<br />

Industry regulation is the “passive” side <strong>of</strong> Japanese law with regard to<br />

advertising content regulation. As mentioned above, consistency with<br />

industry standards <strong>of</strong> “appropriateness” largely determine whether or not a<br />

particular advertisement will be run in the Japanese media.<br />

The Japanese advertising industry consists <strong>of</strong> roughly 6 major associations<br />

comprising advertising, print, and broadcast media. These associations have<br />

established the Japan Advertising Review Organization or (“JARO”) to<br />

handle manage advertising complaints and claims pertaining to advertising.<br />

JARO possesses a series <strong>of</strong> ethical guidelines requiring adherence to<br />

standards <strong>of</strong> truth, youth interests, consumer protection, social customs,<br />

relevant laws, and public policy. In practice, JARO receives complaints, and<br />

then forwards them on to ad agencies or media outlets for further handling.<br />

These organizations engage in a sort <strong>of</strong> private regulation in conformance<br />

with their own standards.<br />

Finally it worth noting that regulation does not only exist at the public and<br />

industry level. In actuality, a great deal <strong>of</strong> influence upon the acceptability <strong>of</strong><br />

advertising content is in the hands <strong>of</strong> the pressure group. Indeed, social<br />

pressure groups represent tangible public response to advertising content,<br />

and actively protest to industry organizations about advertisements with<br />

content objectionable to discrimination, sexuality, alcohol, and other social<br />

norms.

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