2. What is the ASAs mission?
• The Advertising Standards Authority's mission is to make sure
advertisements are sticking to the rules. They do this by dealing with
complaints and also checking ads across media so that every ad is a
responsible ad.
3. How does regulating advertisements work?
• Ads in the UK are covered by a system of self-regulation and co regulation
• Non-broadcast advertisements including newspapers and magazines is covered by self-regulation.
• Co regulation is an arrangement ASA have with Ofcom to regulate TV and radio advertising.
• The ASA regulate ads by checking complaints and ads across
media, they monitor sectors of ads where there are potential
consumer protection issues. They also work to support the industry
to help them get their ads right before publishing.
• If the ASA have judged an ad that had broke the rules then it must
be withdrawn or amended. They also have a range of sanction to
deal with the small amount of advertisers that wont
4. What does the ASA take action to do?
• The ASA take action to stop or take down ads that they think have broke the rules in any
way and that could potentially include unsuitable material for the audience or that are
‘unsuitable, harmful or offensive’. They can take action by
• They strive to ensure that the rulings
reached by the ASA are consistent.
• The ASA take action to be fair with an assessment of an ad
that has had complains and be understanding.
• They also support advertisers to help them create responsible ads that comply to the
rules.
• They also try to increase awareness of the ASA and CAP
to ensure the public and the industry know what they do
and how they work.
5. What Sanctions can the ASA impose?
Broadcasters are required by a condition of their broadcast licences to enforce ASA rulings. If they
persistently run ads that fall foul of the Broadcast Advertising Code, broadcasters risk being referred by the
ASA to Ofcom, which can impose fines and even withdraw their licence to broadcast.
Withdrawal of trading privileges
• CAP members can withdraw or temporarily withhold recognition and trading privileges.
For example, the Royal Mail can withdraw its bulk mail discount, which can make running
direct marketing campaigns more expensive.
Pre-vetting
• Persistent or serious offenders can be required to have their marketing
material vetted before publication.
• Online
• In addition to the non-broadcast options listed above, CAP has further sanctions that can be invoked to help
• ensure marketers’ claims on their own websites follow the Code.
Marketers may face adverse publicity if they cannot or will not amend problem marketing communications on their own
websites or in other non-paid-for space online under their control.
6. BCAP
• The overreaching principles of this code are that advertisements
should not mislead or cause serious widespread offence or harm,
especially to children of the venerable through their adverts this
includes swearing and violent content.
7. What are advertisers responsible for?
• Broadcasters are responsible for ensuring that the advertisements
they transmit comply with both the spirit and the letter of the code.
All compliance matters are ultimately the responsibility of each
broadcaster.
8. What are the four basic rules of the code?
• 1.Advertisements must reflect the spirit, not merely the letter, of the Code.
• 2. Advertisements must be prepared with a sense of responsibility to the
audience and to society.
• 3. Advertisements must comply with the law and broadcasters must make that
a condition of acceptance.
• 4.Advertisements must not state or imply that a product can legally be sold if it
cannot.
9. Misleading Advertising
• This means that I can not imply that the product does something that
it actually doesn’t in the advert. (deodorant makes you better at
sport) this would be misleading because the product is not
guaranteed to make you better at sport.
10. Harm and offence
• My advert must not be harmful or offensive and must take account in
generally accepted standards to minimise the risk of causing
widespread harm or offence. I cannot include any physical, mental,
moral or social harm to anyone under the age of 18. I also cannot
cause offence against generally accepted moral, social or cultural
standards. I also cannot include material that is likely to condone or
encourage unsafe behaviour.
• This means that I cannot include anything that could potentially
encourage behaviour that could put a child at risk or include any type
of harm to 18 year olds. (if there was a party scene couldn't not
include alcohol)
11. Children
• The age of the audience must be take into account to avoid
unsuitable content and care should be take with scheduling when
distress could be cause to a potential viewer which could be a child.
• My advert should not contain anything that encourages irresponsible
behaviour that could be a potential threat to a child (going off with a
stranger)
• In my advert I cannot contain anything that shows irresponsible
behaviour or condones it as children may watch it.
12. Privacy
• People featuring in the advert must giver permission to be in it.
• Exceptions are made for crowd scenes where the person is not
standing out and clearly visible or be featured in an offensive, adverse
or defamatory way.
• This means that in my advert I cannot include people who are visibly
in shot or presented in a certain way without their permission.
13. Environmental claims
• The basis of environmental claims must be clear. Unqualified claims
could mislead. The use of terms in the advert must also be clear to
consumers.
• Advertisements must not suggest that their claims are universally
accepted if a significant division or informed or scientific opinion
exists. If a product or service has never had a demonstrably adverse
effect on the environment, advertisements must not imply that the
formulation has changed to improve the product or service in the way
claimed.
• This means that I cannot claim that my deodorant impacts the
environment without it actually doing so
14. Scheduling
• Broadcasters must take special care when scheduling advertisements
that might be unsuitable for children or young persons. Particular
sensitivity is required for advertisements inserted in or around news
or current affairs programmes in which a news item, especially one of
a tragic nature.
• This does not apply to my advert as I will not be using any content
that contains anything that is unsuitable for children. But if it did I
would have to schedule it a certain time where it wasn’t common for
children to be watching TV to avoid any unsuitable content being
viewed by them
15. Examples of Rulings
Lynx Attract Advert
Unilever said the ad was intended to be humorous; there was no full nudity in the ad, with people either
wearing beach clothes or underwear, and although some people were shown kissing and embracing, others
were seen dancing and smiling, but not in sexualised or provocative ways. They said ClearCast gave the ad a
post 7.30pm timing restriction, a restriction that allowed for moderate innuendo and moderate non-graphic
sexual activity.
1.Ten viewers challenged whether the ad, which gave the impression that it was a newsflash, was quickly
recognisable as an ad.
• 2. Nineteen viewers challenged whether the sexual content of the ad was offensive. Five of those viewers
also challenged whether the ad was appropriate to be broadcast when children might be watching.
• 3. Four viewers challenged whether the ad was offensive, because it made light of serious issues such as
aeroplane accidents and epidemics.
