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From: thf2@kimbark.uchicago.edu (Ted Frank)
Subject: Subliminal Advertising Ban: Actual Cite
Date: Wed, 15 Dec 1993 22:30:36 GMT

In article <2envjd$f3g@telerama.lm.com> djeopm@telerama.lm.com (Sourcerer) writes: >I ran a lexis search 'sublim! and adverti!' in the fedcomm library, the fcc
>file and came up with one (1), only, record:

Shoulda checked the Code of Federal Regulations.

                           CODE OF FEDERAL REGULATIONS
                           TITLE 47--TELECOMMUNICATION
                  CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION
                     SUBCHAPTER C--BROADCAST RADIO SERVICES
                        PART 73--RADIO BROADCAST SERVICES
              SUBPART H--RULES APPLICABLE TO ALL BROADCAST STATIONS

s 73.4250 Subliminal perception.

(a) See Public Notice, FCC 74-78, dated January 24, 1974. 44 FCC 2d, 1016; 39 FR 3714, January 29, 1974.
(b) See FCC Information Bulletin, "Subliminal Projection", dated November 1977.

[44 FR 36389, June 22, 1979]

The Public Notice was what djeopm posted regarding the Christmas ad saying "Get it." As you recall, there the FCC said that any subliminal advertising was not in "the public interest." As the FCC has the power to fine broadcasters who fail to act in the public interest, this is more than a trivial no-no.

27 CFR $ 4.64(k) Deceptive advertising techniques. Subliminal or similar techniques are prohibited. "Subliminal or similar techniques," as used in this part, refers to any device or technique that is used to convey, or attempts to convey, a message to a person by means of images or sounds of a very brief nature that cannot be perceived at a normal level of awareness.

--
ted frank | "Many things--beating with a rubber truncheon, water torture, the u of c | electric shock, incessant noise, reruns of 'Space 1999'--may law school | cause agony as they occur yet leave no enduring injury." kibo#=0.5 | -- Judge Easterbrook, 841 F.2d 181.