What is Marketing?
Marketing is defined as the activity to raise or heighten awareness of the general public – or specific individuals – of the presence of a particular product or service. Within the field of marketing, a variety of legislation exists that protects both the interests of commercial marketing operation, as well as the interests of consumers. Primarily, Consumer Law and Commercial Law are the legal fields that typically oversee, regulate, examine, and mandate practices conducted by commercial marketing operations; Commercial Law will typically include the investigation of thelegality latent within the marketing practices of businesses, corporations, manufacturers, retailers, vendors, and various forms of sales.
What is Online Marketing?
As a result of the advent of the Internet – as well as the advancement of online expanse – marketing firms and strategists have directed a bulk of their collective efforts to the establishment of an Internet presence with regard to products and services offered. As a result, the collaborated jurisdiction of Consumer Law and Commercial Law conjoined with the respective jurisdiction belonging to Internet and Cyber Law, as well as Privacy Law in order to regulate fair, ethical, and legal marketing practices taking place within an online forum.
The following crimes are some of the most common that take place as a result of unlawful, illegal, unethical, and illicit marketing practices:
While the inherent connotation of the term ‘Solicitation’ is not expressly unlawful or illicit in its nature, Solicitation is considered to be a criminal act in the realm of marketing efforts; criminal and commercial solicitation is defined as the presentation of information without request, invitation, or inquiry expressed that the individual recipient – marketing-based solicitation may be classified as the violation of policy, trespassing, or harassment
False Advertising is the purposefully-deceitful attempt on the part of a commercial marketing effort to misrepresent and falsify accurate descriptions of products and services offered; false advertising may be intended to defraud consumers
Both Cyber Law and Privacy Law focus on the oversight of legislation, decorum, legality, and ethics with regard to electronic commercemarketing efforts (E-Commerce); the online marketplace has not only provided for a forum of expansive, virtual and commercialactivity, but also for a forum presenting a variety of opportunity to commit marketing-based crime:
Spamis defined as an illicit marketing activity that involves the mass-disbursement of unsolicited information; typically, the aim of Spam is to flood the as many eligible recipients with unsolicited correspondence in order to market a product or service:
Email Spam is the mass-transmission of electronic correspondence to recipients whom have neither requested such information, nor have inquired about it; in order to deter the transmission of Spam, many email providers have introduced ‘Spam filters’ aimed at deterring the deliverance of Spam
Networking Spam occurs through digital, interpersonal communication or online-based chats; this type of Spam allows the perpetrator or ‘Spammer’ to pose as a friend or acquaintance of an unsuspecting victim with the intent of soliciting or marketing a product or service