Introduction

　Effective communication between the suppliers and the consumers of goods and services of all kinds is vital to any modern society. Growing international links make this even more essential. For a supplier to provide in the most efficient way what consumers require he must understand their differing needs; how best to meet these needs; and how he can most effectively communicate the nature of the goods or services he is offering.

　This is the objective of marketing research. It applies in both private and public sectors of the economy. Similar approaches are also used in other fields of study: for example in measuring the public's behavior and attitudes with respect to social, political and other issues by Government and public bodies, the media, academic institutions, etc. Marketing and social research have many interests, methods and problems in common although the subjects of study tend to be different.

　Such research depends upon public confidence: confidence that it is carried out honestly, objectively, without unwelcome intrusion or disadvantage to respondents, and that it is based upon their willing cooperation. This confidence must be supported by an appropriate professional Code of Practice which governs the way in which marketing research projects are conducted.
　The first such Code was published by the European Society for Opinion and Marketing Research (ESOMAR) in 1948.
　The necessity of such a "code" was also recognized early in Japan. In 1975, the "Japan Code of Conduct of Marketing Research" was drafted and adopted by distinguished practitioners and academicians. It was based on the "ICC/ESOMAR International Code of Marketing and Social Practice" considering the increasing international character of marketing research activities and the fact that the "ICC/ESOMAR International Code" had already been adopted in many countries around the world.
　In 1986, the code was enacted as "the Code of Conduct of Marketing Research" with minor revisions when the Japan Marketing Research Association(JMRA) was established as a government-recognized body.

　Subsequent changes in marketing and social environment, new developments in marketing research methods and a great increase in international activities of all kinds including legislation to protect individuals' privacy occurred thereafter. In order to deal with such changes appropriately, JMRA reviewed the Code over several years. At the same time JMRA participated in a study to revise the "ICC/ESOMAR International Code".

　In 1995, the "ICC/ESOMAR International Code" was revised. JMRA took this opportunity and revised "the Code of Conduct of Marketing Research" in view of the increasing internationalization of marketing research.

　This "code" defines the basic rules and behavioral standards for practitioners and users of marketing research.
　Those who are involved in marketing research should recognize this fact, adopt "the Code of Conduct of Marketing Research" as their behavioral standard, in an effort to increase society's awareness of and confidence in marketing research as a profession.

Definitions

(a)Marketing Research is a key element within the total field of marketing information. It links the consumer, customer and public to the marketer through information　which is used to;

・ identify and define marketing opportunities and problems
・ generate, refine and evaluate marketing actions
・ improve understanding of marketing as a process and of the ways in 　which specific marketing activities can be made more effective.

Marketing research specifies the information required to address these issues; designs the method for collecting information; manages and implements the data collection process; analyses the results; and communications the findings and their implications.

Marketing research includes such activities as follows;
・ quantitative surveys
・ qualitative research
・ media and advertising research
・ business-to-business research
・ industrial research
・ research among minority and special groups
・ public opinion surveys
・ desk research which is not just secondary analysis of existing 　information but is also accompanied by primary data collection.

In the context of this Code the term marketing research also covers social research where this uses similar approaches and techniques to study issues not concerned with the marketing of goods and services. 　 The applied social sciences equally depend upon such methods of empirical research to develop and test their underlying hypotheses; and to understand, predict and provide guidance on developments within society for governmental, academic and other purposes.

Database marketing and any other activity where the names and addresses of the people contacted are to be used for individual selling, promotional, fund-raising or other non-research purposes can under no circumstances be regarded as marketing research since the latter is based on preserving the complete anonymity of the respondent.

(a) Researcher is defined as any individual, research agency, organization, department or division which carries out or acts as a consultant on a marketing research project or offers their services so to do.

The term includes any department etc. which belongs to the same organization as that of the client. A researcher linked to the client in this way has the same responsibilities under this Code vis-a-vis other sections of the client organization as does one who is completely independent of the latter.

The term also covers responsibility for the procedures followed by any subcontractor from whom the researcher commissions any work (data collection or analysis printing, professional constancy, etc.) which forms any part of the research project. In such cases the researcher must ensure that any such subcontractor fully conforms to the provisions of this Code.

(b) Client is defined as any individual, organization, department or division (including one which belongs to the same organization as the researcher) which requests, commissions or subscribes to all or any part of a marketing research project.

(c) Respondent is defined as any individual or organization from whom any information is sought by the researcher for the purposes of a marketing research project.

The term covers cases where information is to be obtained by verbal interviewing techniques, postal and other self-completion questionnaires, mechanical or electronic equipment, observation and any other method where the identity of the provider of the information may be recorded or otherwise traceable.

(d) Interview is defined as any form of direct or indirect contact, using any of the methods referred to above, with respondents where the objective is to acquire data or information which could be used in whole or in part for the purposes of a marketing research project.

(e) Record is defined as any brief, proposal, questionnaire, respondent identification, check list, record sheet, audio or audio-visual recording or film, tabulation or computer print-out, EDP disc or other storage medium, formula, diagram, report, etc. in respect of any marketing research project, whether in whole or in part. It covers records produced by the client as well as by the researcher.

Rules

A. General

1.　 Marketing research must always be carried out objectively and in accordance with established scientific principles.

2. 　 Marketing research must always conform to the national and international legislation which applies in those countries involved in a given research project.

B. The Rights of Respondents

3. 　 Respondents' cooperation in a marketing research project is entirely voluntary at all stages. They must not be misled when being asked for their cooperation.

4. 　 Respondents' anonymity must be strictly preserved. If the Respondent on request from the Researcher has given permission for data to be passed on in a form which allows that Respondent to be personally identified:
　(a) the Respondent must first have been told to whom the information would be supplied and the purposes for which it will be used, and also
　(b) the Researcher must ensure that the information will not be used for any non-research purpose and that the recipient of the information has agreed to conform to the requirements of this Code.

5. 　 The Researcher must take all reasonable precautions to ensure that Respondents are in no way directly harmed or adversely affected as a result of their participation in a marketing research project.

6.　 The Researcher must take special care when interviewing children and young people. The informed consent of the parent or responsible adult must first be obtained for interviews with children.

7.　 Respondents must be told (in advance or after the interview) if observation techniques or recording equipment are being used, except where these are used in a public place. If a respondent so wishes, the record or relevant section of it must be destroyed or deleted. Respondents' anonymity must not be infringed by the use of such methods.

8.　 Respondents must be enabled to check without difficulty the identity and bona fides of the Researcher.

C. The Professional Responsibilities of Researchers

9. 　 Researchers must not, whether knowingly or negligently, act in any way which could bring discredit on the marketing research profession or lead to a loss of public confidence in it.

10.　 Researchers must not make false claims about their skills and experience or about those of their organization.

11.　 Researchers must not unjustifiably criticize or disparage other Researchers.

12.　 Researches must always strive to design research which is cost-efficient and of adequate quality, and then to carry this out to the specifications agreed with the Client.

13. 　 Researchers must ensure the security of all research records in their possession.

14. 　 Researchers must not knowingly allow the dissemination of conclusions from a marketing research project which are not adequately supported by the data. They must always be prepared to make available the technical information necessary to assess the validity of any published findings.

15.　 When acting in their capacity as Researchers the latter must not undertake any non-research activities, for example database marketing involving data about individuals which will be used for direct marketing and promotional activities. Any such non-research activities must always, in the way they are organized and carried out, be clearly differentiated from marketing research activities.

D. The Mutual Rights and Responsibilities of Researchers and Clients

16.　 These rights and responsibilities will normally be governed by a written Contract between the Researcher and the Client. The parties may amend the provisions of Rules 19-23 below if they have agreed to this in writing beforehand; but the other requirements of this Code may not be altered in this way. Marketing research must also always be conducted according to the principles of fair competition, as generally understood and accepted.

17.　 The Researcher must inform the Client if the work to be carried out for that Client is to be combined or syndicated in the same project with work for other Clients but must not disclose the identity of such Clients.

18. 　 The Researcher must inform the Client as soon as possible in advance when main part of the work for that Client is to be subcontracted outside the Researcher's own organization. On request the Client must be told the identity of any such subcontractor.

19.　 The Client does not have the right, to exclusive use of the Researcher's services or those of his organization, whether in whole or in part. In carrying out work for different Clients, however, the Researcher must endeavor to avoid possible clashes of interest between the services provided to those Clients.

20. 　 The following Records remain the property of the Client and must not be disclosed by the Researcher to any third party without the Client's permission:
　(a) marketing research briefs, specifications and other information provided by the Client
　(b) the contents of reports that are either syndicated and/or multiclient projects or services that the researcher(s) conducted independently.
The Client has however no right to know the names or addresses of Respondents unless the latter's explicit permission for this has first been obtained by the Researcher (this particular requirement cannot be altered under Rule 16).

21.　 Unless it is specifically agreed to the contrary, the following Records remain the property of the Researcher:
　(a) marketing research proposals and cost quotations (unless these have been paid for by the Client). They must not be disclosed by the Client to any third party, other than to a consultant working for the Client on that project (with the exception of any consultant working also for a competitor of the Researcher). In particular, they must not be used by the Client to influence research proposals or cost quotations from other Researchers.
　(b) the contents of a report in the case of syndicated and/or multi-client projects or services that the Researchers enforced independently. The Client may not disclose the findings of such research to any third party (other than to his own consultants and advisors for use in connection with his business) without the permission of the Researcher.
　(c) all other research Records prepared by the Researcher (with the exception in the case of non-syndicated projects of the report to the Client, and also the research design and questionnaire where the costs of developing these are covered by the charges paid by the Client).

22.　 The Researcher must conform to currently agreed professional practice relating to the keeping of such Records for one year after the end of the project. On request the Researcher must supply the Client with duplicate copies of such Records provided that such duplicates do not breach anonymity and confidentiality requirements (Rule 4); that the request is made within the agreed time limit for keeping the Records; and that the Client pays the reasonable costs of providing the duplicates.

23.　 The Researcher must not disclose the identity of the Client, or any confidential information about the latter's business, to any third party without the Client's permission.

24.　 The Researcher must on request allow the Client to arrange for checks on the quality of fieldwork and data preparation provided that the Client pays any additional costs involved in this. Any such checks must conform to the requirements of Rule 4.

25.　 The Researcher must provide the Client with all appropriate technical details of any marketing research project carried out for that Client.

26. 　 When reporting on the results of a marketing research project the Researcher must make a clear distinction between the findings as such, the Researcher's interpretation of these and any recommendations based on them.

27.　 Where any of the findings of a research project are published by the Client the latter has a responsibility to ensure that these are not misleading. The Researcher must be consulted and agree in advance the form and content of publication, and must take action to correct any misleading statements about the research and its findings.

28. 　 Researchers must not allow their names to be used in connection with any research project as an assurance that the latter has been carried out in conformity with this Code unless they are confident that the project has in all respects met the Code's requirements.

29. 　 Researchers must ensure that Clients are aware of the existence of this Code and of the need to comply with its requirements.

E. Implementation of the Code

1. Interpretation

(1) The rules stipulated in this Code should be applied both in the word and in deed.

(2) Queries about the interpretation of this Code and about its application to specific problems should be addressed to the secretariat of JMRA.

2. Adoption of the Code

(1) Those who adopt this Code are responsible for its implementation.

(2) A research agency which adopts this Code is registered in the“List of Adopting Organizations” prepared separately at JMRA, together with the date of adoption.

(3) Adoption of the Code requires decision by the suitable decision-making body in the organization or institution concerned. In the organization or institution adopting, responsibility for observance of the rules of conduct laid down in the Code rests not only with executive members but also with all staff members.

(4) An adopting research agency, when it finds anything inconsistent with the Code, is responsible for reporting it to JMRA. This step is not bound by the provisions of Article 23. JMRA should understand what happened exactly and take necessary steps when it receives such reports.

(5) A research agency adopting the Code must comply with requests from JMRA for joint action aimed at prevention and removal of any situation inconsistent with the Code.