Business Ethics and Marketing Practices
Business Ethics and Marketing Practices
The word ‘ethics’ has its origin in the Greek word ‘ethikos’ meaning a set of moral
principles.
In simple words, ethics refers to norms, morals, principles, and ideals prevailing in a
group or society.
These are some standardized forms of conduct or behavior.
They give an idea of what is wrong or right, true or false, fair or unfair, just or unjust,
and proper or improper.
Ethics are, actually, fundamental personal traits that one adopts and follows as guiding
principles in one’s life.
Business ethics focuses on the morals, rules, and principles followed by a business
enterprise.
These issues are mainly related to the behavior and obligations of business
professionals.
An ethically responsible company is said to have developed a culture of caring for
people and for the environment and where all business decisions are made in an
ethical manner.
Business ethics are part of the formal rules and procedures in an ethical company.
2. ETHICS IN MARKETING
Marketing Is the process of communicating the value of a product or service to
customers, for the purpose of selling the product or service.
Marketing ethics Refers to the application of marketing ethics into the marketing
process.
It is the area of applied ethics which deals with the moral principles behind the
operation and regulation of marketing.
In short it means a standard by which a marketing action may be judged right or
wrong
Deceptive Advertising
Deceptive advertising involves misleading consumers about product features,
benefits, or performance.
Examples include false claims of product effectiveness or misrepresentation of
sustainability credentials.
This practice undermines consumer trust and can lead to legal repercussions.
Attas (1999) argued that an advertisement will be deemed misleading or deceptive
only if it is reasonable to expect that persons exposed to it, or those targeted by it,
would come to hold false beliefs as a result of exposure to it.
It might be thought that the consumer mislead by an advertisement will be
tempted to buy the advertised product and in that way either getting less than he
thought he would or paying more than he should.
Furthermore, the consumer’s skepticism about the fairness of advertising can
cause them to ignore ethical consideration for buying products.
Privacy Concerns
Privacy issues arise when businesses misuse consumer data for targeted
advertising without explicit consent.
Tracking consumer behavior without transparency or respecting privacy
preferences violates consumer trust and regulatory standards.
Cultural Insensitivity
Cultural insensitivity in marketing occurs when campaigns perpetuate stereotypes
or offend cultural or ethnic groups.
Effective marketing requires sensitivity to diverse cultural norms and values to
avoid unintentional harm or offense.
Greenwashing
Greenwashing involves misleading consumers about the environmental benefits of
products or services.
Companies may exaggerate or fabricate sustainability claims to capitalize on
consumer demand for eco-friendly products without genuine commitment to
sustainability practices.
Price Manipulation
Price manipulation in marketing includes deceptive pricing strategies, hidden fees,
or false discounts that mislead consumers about actual product costs.
Transparent pricing practices are essential for ethical consumer interactions.
Unfair pricing is also a burning consumerist issue since pricing is the most
sensitive issue to the consumers.
Ethically, price should be equal or proportional to benefit which is taken by the
consumers.
French [Link]. (1982) and Lisa, (2004) found that majority of the respondents
believe that price charged by the companies is excessive and unfair.
Uusitalo and Oksanen (2004) argued that fairness with pricing is an important
consideration among the consumers in involving in the pro-ethical or pro-
consumerist purchasing.
1. EMPLOYERS
Creating split in union / rift of union
Biased attitude in selection, transfer, promotion etc.
Child labour & Sexual harassment.
Physical violence.
Coercion. (the action or practice of persuading someone to do something by using
force or threats)
Longer and inflexible working hours.
Putting on more stress on employees for increasing the productivity.
The use of disputed and doubtful practices in hiring and firing of personnel.
Allowing differences in pay, discipline, promotion due to influence with top
management
2. EMPLOYEES
3. GOVERNMENT
ii. Annual incentive plan- The HR manager is often forced to design and
administer top management incentive plans, at higher rates than what the
individuals deserve. A common rationale presented to the HR executive for
bending the rules is the fear of losing the outstanding executives, if higher
incentives are not paid.
iii. Long-term incentive plan- Just as with annual incentive plan, many HR
executives have the responsibility of designing and administering the firm’s
long term incentive plans, but in consultation with CEO and an external
consultant. Ethical issues arise when the HR executive is put to pressure to
favor top management interests over those of other employees an investor
iv. Executive perquisites- Executive perquisites make the ethical standard of the
HR executive difficult because their cost is often out of proportion to the
value added.
Performance Appraisal
The practice of treatment of employees according to their race, ethnic origin, sex, or
disability has largely been stopped.
A framework of laws and regulations has evolved that has significantly improved
work place behavior.
No enterprise today publicly state it denies minorities, woman, and the disable
opportunities for employment, remuneration, and growth prospects different from
those given to others.
In this environment the role of HR function is to: a) Monitor the principles and norms
of the enterprise to ensure that they reflect the values of the society as expressed in its
law. b)Monitor the selection, rewards, development and, the appraisal system to
ensure that they are consistent with the principles and norms. c) Vigorously pursue
violations and, when necessary, vigorously work to defend the enterprise against
unfounded allegations.
Employment Issues
Privacy Issues
Privacy issues to protecting a person’s private life from intrusive and unwarranted
actions.
The employee believes that his or her religious, political, and social believes as well
as personal life style are private matters and should be safe guarded from being
snooped or analysed.
Exceptions are permitted grudgingly only when job involvement is clearly involved.
For example, it may not be inappropriate to intrude into an employee’s private matter
if it is suspected that he or she discusses with competitor, through email messages, the
specification of newly developed product not yet launched into the market.
Human resource department stands as the central entity that should lead in inculcating
ethical principles in an organization.
For an organization to adhere to ethical standards it depends more on cooperation of
its employees.
These include meeting the public expectations on ethics and adhering to ethical
regulations set by the government and other private bodies.
However, this practice must begin by handling employees ethically and introducing
the ethical principles at the time of recruitment and all through the period the
employee will be engaged to the organization.
Therefore, ethics should be part of the HRM functions (Köster, 2007).
Ethics in Recruitment
A company should act ethically while advertising for job opportunities in the
organization.
They should ensure that the advertisement contains true information about the job
rather than unrealistic information meant to attract the targeted applicant.
The management should also ensure that they actually follow the due process in
recruitment.
For instance, the company should not use vacancy advertisements as a mere PR
process, while recruiting employees through other unacceptable means.
A case in point is when the management advertises vacancy for the public to apply,
yet they have already picked on a candidate to fill the position (Köster, 2007).
Ethics in Selection and Orientation
During selection the HR panel needs to examine and discuss the values of prospective
employees and use the findings of that process to make selection decisions.
During orientation the company should emphasize the values that are upheld by the
organization so that the employee can carry on with those values if selected.
The staff at the human resource department should always show the importance of
ethics in the organization.
The potential employee is likely to come in to contact first with employees in this
department before anyone else. This means that the new member will form his/her
perception about the organization through their interaction
For instance, the employee’s expectation of ethical behavior will be influenced by the
fairness in the selection process (Saiyadain, 2009).
There are measures that the HR department can put in place to ensure that the
selection process is fair and ethical.
First, the managers should purpose to use selection tests that are in line with the
organization’s purpose. The criteria for selection should be clearly set out. This
includes making the process known to everyone who is involved in the process.
The management should ensure that those in the panel are trained and well equipped
for the task.
For instance, they should know to ask relevant questions and to draw conclusions
from the respondents’ answers.
The HRM department therefore, has a responsibility to ensure that the employees
hired in the organization are able and willing to uphold ethical practices.
When HRM hires ethical employees, chances are high that such employees will be
consistent in ethical behavior when faced with ethical dilemmas at the work place
(Saiyadain, 2009).
The HR department can develop reward systems that promote ethical behavior within
the organization.
This can be in form of monetary compensation, employee benefits or even special
employee recognition.
Such measures can be helpful in reinforcing individual and group values as well as
maintaining enthusiasm in adhering to ethical values of the organization.
However, the HRM department should be very keen when selecting a particular
reward scheme.
This is because some of them produce negative results from employees. For instance,
some tempt employees to do the prohibited things and some instill fear by
emphasizing on punishment in case of the employee defaults.
Some reward systems promote contradictory norms which the employee in a
dilemma. This is whereby, the organization advocate for a certain conduct, while it
rewards the other. The management advocates for teamwork; however, when
rewarding it seeks for the outstanding employee in the team. The employees will
therefore be tempted to compete against each other
Quid pro quo is the type of harassment that occurs when some type of employment
benefit is made contingent on sexual favors in some capacity.
For example, this might be a supervisor offering a promotion if an employee will
meet his or her sexual demands.
Favorable performance reviews or recommendations
Promotions
Raises
Sought-after work assignments or work shifts.
Insider Trading
Stakeholder Interest vs. Stockholder interest
Investment Management
Fraudulent Financial Dealings
Cheating Customers of profits
Unauthorised accounting Transaction
Frauds and Manipulations
Unequal Bargaining power
Unethical takeover and mergers
Ethical issues in financial management
Most finance professionals are taught that the overriding goal of the firm is to
maximize shareholder wealth.
Some contend that maximizing shareholder wealth in the long term is possible only
with ethical behavior.
Unethical behavior is costly as it damages a firm’s reputation and, conversely, ethical
behavior can be wealth enhancing.
However, shareholder wealth maximization alone will prevent unethical behavior
only if the firm’s stock price reflects the extent to which the benefits of such unethical
behavior are less than the expected present value of the future costs of unethical
behavior (in the form of penalties or lost reputation that impact a firm’s risk or return).
Most finance professionals accept that the pursuit of the shareholder wealth
maximization goal has to be constrained by behavior, which certainly must be legal
and preferably also ethical.
Managers are agents for principals (owners and other stakeholders in a firm).
Managers also have preferential access to information about the firm and its assets
and liabilities.
Members of a firm’s board of directors share similar advantages relative to other
owners.
While managers and directors are restrained from taking advantage of their positions
as agents by many laws and regulations, generally there is considerable room for
unethical behavior.
Managers can also take advantage of their preferential access to information in their
dealings with other stakeholders such as suppliers, customers, the communities in
which the firm operates, labor unions, and others.
Problems arise when different parties in transactions between a firm and its
stakeholders have different expectations regarding what is considered ethical.
Suppliers and customers may behave opportunistically.
A firm may ignore its implicit commitments to a community.
A new owner may not accept many or all of the implicit contracts between a firm and
its stakeholders.
It has been suggested that the renegotiation of costly implicit contracts can be a major
source of synergistic savings in a merger or acquisition.
In these and other financial transactions between a firm and its stakeholders, implicit
contracts are impacted and ethical issues become very important and even critical in
many cases.
ETHICAL ISSUES IN THE FINANCIAL SERVICES INDUSTRY
Ethical issues are particularly important in the financial services industry.
Financial institutions perform the important tasks of financial intermediation taking in
deposits from savers and others with surplus funds and providing loans to investors
and other users of funds.
These activities involve a great deal of trust and the opportunity to make financial
decisions using other people’s money and often on their behalf.
Ethical behavior in the financial industry is particularly important as financial
decisions may involve other people’s money, accumulated wealth, and other savings.
Ethical behavior in finance is often a tug of war between self-interest, market
efficiency, and various concepts of fairness.
It is impossible to develop and impractical to implement rules of behavior
constraining self-serving behavior or behavior favoring certain stakeholders for every
possible contingency in the financial industry.
Laws, regulations, and corporate rules of conduct consequently often have to leave
many details undefined, and the players have to look for guidance to commonly
accepted values and mores as reflected in social expectations of ethical behavior.
Continuing unethical behavior in finance generally has a contagion effect.
Even for firms that do not face failure and are not directly associated with unethical
behavior, unethical behavior in an industry can lead to higher operating costs for all
businesses in that industry owing to the increased regulatory and legal actions
designed to curb such behavior.
Each major epoch of unethical financial behavior in the past has been followed by
new government regulations and laws designed to reduce or at least minimize such
unethical behavior.
Some have even argued that most government regulations related to the financial
industry originated as reactions against episodes of significant unethical behavior
among some financial market participants.
Unfortunately, persistence of scandals and unethical behavior in financial markets can
erode confidence in such markets and ultimately lead to a reduction in the number of
market participants and, thus, lead to reduced efficiency of such markets.
In addition, many regulations and guidelines, such as the suitability rules regarding
sales of securities, are an attempt to protect investors with low market power and
knowledge from firms with greater market power and knowledge.
Suitability rules require that brokers determine if potential buyers of certain risky
securities are suitable owners of such securities.
For similar reasons, issuers of securities are required to issue securities at prices that
are ‘‘fair and equitable.’’
Both the New York and the Tokyo Stock Exchanges have in recent years appointed
study groups and panels to recommend ways to improve the fairness and efficiency of
financial markets for individual investors.
Another ethical issue in finance relates to the desire of many investors to invest only
in firms that engage in ethical businesses.
These investors are willing to limit their universe of investments, thus forgoing a
possible better risk–return combination.
A number of ‘‘socially responsible’’ mutual funds are available for the portfolio
investment needs of such investors.
SEBI guidelines
1. Take necessary steps to ensure that the clients’ interest is protected.
2. Adhere to SEBI Mutual Fund Regulations and guidelines related to selling,
distribution and advertising practices. Be fully conversant with the key provisions of
the offer document as well as the operational requirements of various schemes.
3. Provide full and latest information of schemes to investors in the form of offer
documents, performance reports, fact sheets, portfolio disclosures and brochures, and
recommend schemes appropriate for the client’s situation and needs.
4. Highlight risk factors of each scheme, avoid misrepresentation and exaggeration,
and urge investors to go through offer documents/key information memorandum
before deciding to make investments.
5. Disclose all material information related to the schemes/plans while canvassing for
business.
6. Abstain from indicating or assuring returns in any type of scheme, unless the offer
document is explicit in this regard.
7. Maintain necessary infrastructure to support the AMCs in maintaining high service
standards to investors, and ensure that critical operations such as forwarding forms
and cheques to AMCs/registrars and despatch of statement of account and redemption
cheques to investors are done within the time frame prescribed in the offer document
and SEBI Mutual Fund Regulations.
8. Avoid colluding with clients in faulty business practices such as bouncing cheques,
wrong claiming of dividend/redemption cheques, etc.
9. Avoid commission driven malpractices such as:
(a) recommending inappropriate products solely because the
intermediary is getting higher commissions therefrom.
(b) encouraging over transacting and churning of mutual fund investments to earn
higher commissions, even if they mean higher transaction costs and tax for investors.
10. Avoid making negative statements about any AMC or scheme and ensure that
comparisons if any, are made with similar and comparable products.
11. Ensure that all investor related statutory communications (such as changes in
fundamental attributes, exit/entry load, exit options, and other material aspects) are
sent to investors reliably and on time.
12. Maintain confidentiality of all investor deals and transactions.
13. When marketing various schemes, remember that a client’s interest and suitability
to their financial needs is paramount, and that extra commission or incentive earned
should never form the basis for recommending a scheme to the client.
14. Intermediaries will not rebate commission back to investors and avoid attracting
clients through temptation of rebate/gifts etc.
15. A focus on financial planning and advisory services ensures correct selling, and
also reduces the trend towards investors asking for passback of commission.
16. All employees engaged in sales and marketing should obtain AMFI certification.
Employees in other functional areas should also be encouraged to obtain the same
certification.
Production is nothing but the conversion of raw material into finished goods.
Quality is expected in all manufactured goods.
Trade Secrets:
Piracy:
Piracy is an activity in which the creation of illegal copy of the software is made.
It is entirely up to the owner of the software as to whether or not users can make
backup copies of their software.
As laws made for copyright protection are evolving, also legislation that would stop
unauthorized duplication of software is in consideration.
The software industry is prepared to do encounter against software piracy. The courts
are dealing with an increasing number of actions concerning the protection of
software.
Physical and mental health:
The technology industry can not only impact the physical and mental well-being of
customers who use and overuse its products and services, but also by its direct
involvement in health care, which has been accelerated by the pandemic.
We’re still working to better understand the impacts of technology on health, and a
lot of research and debate are ongoing.
Although measuring the impact of both is difficult and complex, the technology
industry has shown it can improve health-related areas with tech such as wearables,
and through better access to providers through telehealth, sensors, devices, and apps
for chronic disease monitoring, and improving diagnoses through advanced analytics
and AI.
Netiquette
Netiquette is a made-up word from the words net and etiquette. Netiquette thus
describes the rules of conduct for respectful and appropriate communication on the
internet.
Netiquette is often referred to as etiquette for the internet.
These are not legally binding rules, but recommended rules of etiquette. Netiquette is
mostly used for dealing with unknown people on the internet. The rules of
netiquette very depending on the platform and its participants .
Generally, it is up to the operator of a website or communication app to specify the
type and scope of netiquette. It is also their responsibility to monitor compliance with
these basic rules and to penalize violations of them.
Stick to the rules of conduct online that you follow in real life
Netiquette: Think of the person
Present your best side online
Read first, then ask
Netiquette: Pay attention to grammar and punctuation
Respect the privacy of others
Respect the time and bandwidth of others
Forgive the mistakes of others
Help keep flame wars under control (aggressive criticism)
Know where you are in cyberspace
Hate speech and netiquette
Plagiarism
Plagiarism is the use of someone else’s words or ideas in your own work without
permission, attribution, or acknowledgment.
The ethical principles around plagiarism protect intellectual creativity in a society and
encourage creative expression of ideas in all possible forms.
Since ideas build on each other, you can use the specific creative expression of
another person or published material. However, when doing so, you are required to
clearly demarcate the creative expression of the other person and cite the source of the
borrowed expression. For short expressions, it is appropriate to use quotation marks
around the borrowed words and cite the source. For more extensive content, it is
appropriate to paraphrase or summarize the information, while citing the source.
Citing the source gives the reader the opportunity to engage directly with the original
creator’s full expression.
If these procedures appear unnecessarily tedious, consider how you’d feel if the
content you created was used by others without attribution to you. It is possible to
plagiarize unintentionally without meaning to do so.
TRADEMARK
A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes
the source of the goods of one party from those of others.
A service mark is a word, phrase, symbol, and/or design that identifies and
distinguishes the source of a service rather than goods. Examples include brand
names, slogans, and logos.
PATENTS
A patent protects inventions.
These inventions can include new and useful processes, machines, manufactures,
compositions of matter as well as improvements to them.
The primary goal of the patent law is to encourage innovation and commercialization
of technological advances.
Patent law incentivizes inventors to publicly disclose their inventions in exchange for
certain exclusive rights.