2. THE ASA’S MISSION
• The Advertising Standards Authority (ASA) is the UK’s independent advertising regulator.
The ASA makes sure ads across UK media stick to the advertising rules (the Advertising
Codes).
• The Committee of Advertising Practice (CAP) is the sister organisation of the ASA and is
responsible for writing the Advertising Codes. The ASA and CAP are committed to
regulating in a way that is transparent, proportionate, targeted, evidence-based, consistent
and accountable.
3. ASA’S TAKE ACTION AND WHAT IT
DOES
• We respond to concerns and complaints from consumers and businesses and take
action to ban ads which are misleading, harmful, offensive or irresponsible. As well as
responding to complaints we monitor ads to check they’re following the rules. We
also conduct research to test public opinion and identify where we need to take
action to protect consumers.
4. HOW ASA REGULATES
ADVERTISEMENTS
• Ads in the UK are regulated through a system of ‘self-regulation’ and ‘co-regulation’. In
summary, self-regulation means that the work we do is funded by the advertising
industry.
• Self-regulation means that the ad industry also writes the rules (through CAP) that
advertisers have to stick to. Non-broadcast advertising, including newspapers, posters,
websites, social media, cinema, emails, leaflets, billboard, is covered by self-regulation.
• Co-regulation is an arrangement the ASA have with the communications regulator,
Ofcom. It has given us responsibility (a contract) on a day-to-day basis to regulate TV
and radio advertising. In 2014, Ofcom announced the renewal of its co-regulatory
relationship with the ASA for another ten years.
5. ASA’S SANCTIONS THEY IMPOSE
• The Advertising Codes and the ASA’s rulings have universal coverage across the
advertising industry. Advertisers cannot opt out of them.
• If we have judged an ad has broken the advertising rules, then it must be withdrawn or
amended. The vast majority of advertisers stick to the ASA’s rulings and they act
quickly to amend or withdraw an ad that breaks the Codes.
• We have a range of sanctions to act against the small number of advertisers who are
either unwilling or unable to work within the rules and to ensure they are brought into
line. In 2013 Trading Standards took over from the Office of Fair Trading as the ASA’s
‘legal backstop’ on the non-broadcast side. On the broadcast side, Ofcom acts as our
‘legal backstop’.
6. OVERARCHING PRINCIPLES
• The overarching principles of this Code are that advertisements should not mislead or
cause serious or widespread offence or harm, especially to children or the vulnerable.
Broadcasters are responsible for ensuring that the advertisements they transmit
comply with both the spirit and the letter of the Code. All compliance matters (copy
clearance, content, scheduling and the like) are the ultimate responsibility of each
broadcaster. The ASA may decline to investigate where there is a dispute which, in its
view, would be better resolved by another regulator or through the Courts.
7. WHAT THE ADVERTISERS ARE
RESPONSIBLE FOR
• Broadcasters must ensure that all advertisements are cleared before broadcast, are
scheduled suitably and in accordance with BCAP's rules on scheduling of advertisements
(Section 32: Scheduling). BCAP strongly advises broadcasters to follow relevant Clearcast or
Radiocentre scheduling warnings, although compliance with them is not necessarily a
guarantee of compliance with the BCAP Code.
•
Broadcasters must ensure that previously approved copy is not re-run for subsequent
campaigns without periodic checks to ensure that all claims are still accurate. For radio,
copy originally cleared by Radiocentre that is over six months old will need to be re-
submitted for consideration by Radiocentre and assigned a new clearance number.
Broadcasters or their respective clearance body must independently assess evidence
submitted in support of an advertisement and any advice they have commissioned.
Substantiation of factual claims made by advertisers and other supporting evidence must
be held by the broadcaster or the relevant clearance body.
8. THE FOUR BASIC RULES OF CODE
• 1.1Advertisements must reflect the spirit, not merely the letter, of the Code.
• 1.2Advertisements must be prepared with a sense of responsibility to the audience and
to society.
• 1.3Advertisements must comply with the law and broadcasters must make that a
condition of acceptance.
• 1.3.1Advertisements must not state or imply that a product can legally be sold if it
cannot.
10. MISLEADING ADVERTISING
• Advertisements must not materially mislead or be likely to do so.
• Advertisements must not mislead consumers by omitting material information. They
must not mislead by hiding material information or presenting it in an unclear,
unintelligible, ambiguous or untimely manner.
•
Material information is information that consumers need in context to make informed
decisions about whether or how to buy a product or service. Whether the omission or
presentation of material information is likely to mislead consumers depends on the
context, the medium and, if the medium of the advertisement is constrained by time or
space, the measures that the advertiser takes to make that information available to
consumers by other means.
11. HARM AND OFFENSE
• Advertisements must not be harmful or offensive. Advertisements must take account
of generally accepted standards to minimise the risk of causing harm or serious or
widespread offence. The context in which an advertisement is likely to be broadcast
must be taken into account to avoid unsuitable scheduling (see Section 32:
Scheduling).
Means I shouldn’t offend anyone through my advertisements
12. CHILDREN
• Children must be protected from advertisements that could cause physical, mental or
moral harm.
Cant exploit kids in my advertisements
13. PRIVACY
• Living individuals should be protected from unwarranted infringements of privacy.
Broadcasters should respect an individual's right to his or her private and family life,
home and correspondence. Advertisements featuring an individual should not imply
that that individual endorses a product if he or she does not (see Section 3: Misleading
Advertising).
• Must not exploit anyone’s privacy in my advertisements
14. ENVIRONMENTAL CLAIMS
• Advertisements should take account of Government guidance including the Green
Claims Code published by DEFRA and BIS.
• Should not promote destroying the environment or make any false lemmas
15. SCHEDULING
• Broadcasters must take special care when scheduling advertisements that might be
unsuitable for children or young persons or the audience of religious programmes or for
broadcast around sensitive programming or news items.
•
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, could
completely transform the context in which an advertisement having an apparent connection
with it could be perceived by viewers or listeners. A separation from news references might
be inadequate and suspending the advertisement altogether to avoid distress or offence
could be preferable.
