Regulation of print

advertising in the UK
Nick May

Advirtsing standerds authority

What exactly do the ASA do?

Their purpose is to make advertisements responsible and our ambition is to make every UK ad a responsible
ad.

1 Understanding: They will be an authority on advertising and active on issues that cause societal
concern. They will be open to calls for regulatory change, acting purposefully and in a timely fashion, while
being fair and balanced in our assessment of the evidence and arguments

2 Support: Theyll provide support to advertisers to help them create responsible ads. Theyll increase,
improve and better target our advice and training so every business has access to the information and support
it needs

3 Impact: Theyll spend more time on matters that make the biggest difference. Focusing on their existing
remit, theyll spend less time tackling ads that cause little detriment to consumers or on the vulnerable. But,
where a complaint indicates that the rules have been broken, we will always do something

4 Proactive: Theyll be proactive and work with others. Theyll use a wide range of information to identify and
tackle problems to make sure ads are responsible, even if they havent officially received a complaint.

5 Awareness: Theyll increase awareness of the ASA and CAP. They will make sure that the public, civil society
and the industry know who they are and what they can do, so they can engage with them when they need to,
and have confidence in our work.

How is the ASA funded?

The ASA is funded by advertisers through an arms length arrangement that

guarantees the ASAs independence.

Collected by the Advertising Standards Board of Finance (Asbof) and the

Broadcast Advertising Standards Board of Finance (Basbof), the 0.1% levy on
the cost of buying advertising space and the 0.2% levy on some direct mail
ensures the ASA is adequately funded to keep UK advertising standards high.
They also receive a small income from charging for some seminars and
premium industry advice services.

They receive no Government funding and therefore our work is free to the tax
payer.

How does regulation work?

As the UKs independent regulator for advertising across all media, their work
includes acting on complaints and proactively checking the media to take action
against misleading, harmful or offensive advertisements, sales promotions and
direct marketing.

What section can the ASA improve?

If you are dissatisfied with the ASA's decision on your complaint you may be
able to request a review by the Independent Reviewer of ASA Adjudications.

Members of ASA staff will at all times identify themselves by name and
endeavour to be as polite and helpful as possible. If you think your contact with
them has not lived up to the high standards they set themselves, you can go to
their complaints section on their website.

How does the self-regulation of

non-broadcast advertising work?

There are many millions of non-broadcast ads published every year in the UK,
so it would be impossible to pre-clear every one of them. For example there are
more than 30 million press advertisements and 100 million pieces of direct
marketing every year.
However, lots of advice and guidance is available through CAP Advice and
Training. This includes free bespoke pre-publication advice from Copy Advice
and online resources that advertisers, agencies and media can use to check the
latest positions on hundreds of different advertising issues.

UK CODE OF NON-BROADCAST
ADVIRTISING

What the code applies to

advertisements in newspapers, magazines, brochures, leaflets, circulars, mailings, e-mails, text transmissions (including
SMS and MMS), fax transmissions, catalogues, follow-up literature and other electronic or printed material

posters and other promotional media in public places, including moving images

cinema, video, DVD and Blu-ray advertisements

advertisements in non-broadcast electronic media, including but not limited to: online advertisements in paid-for space
(including banner or pop-up advertisements and online video advertisements); paid-for search listings; preferential
listings on price comparison sites; viral advertisements (see III l); in-game advertisements; commercial classified
advertisements; advergames that feature in display advertisements; advertisements transmitted by Bluetooth;
advertisements distributed through web widgets and online sales promotions and prize promotions

marketing databases containing consumers personal information

sales promotions in non-broadcast media

Advertorials

Advertisements and other marketing communications by or from companies, organisations or sole traders on their own
websites, or in other non-paid-for space online under their control, that are directly connected with the supply or transfer
of goods, services, opportunities and gifts, or which consist of direct solicitations of donations as part of their own fund raising activities.

What the basic rules of compliance are

Marketing communications should be legal, decent, honest and truthful.
Marketing communications must reflect the spirit, not merely the letter, of the Code.
Marketing communications must be prepared with a sense of responsibility to consumers and to society.
Marketers must comply with all general rules and with relevant sector-specific rules.
No marketing communication should bring advertising into disrepute.
Marketing communications must respect the principles of fair competition generally accepted in business.
Any unreasonable delay in responding to the ASAs enquiries will normally be considered a breach of the Code.
The full name and geographical business address of the marketer must be given to the ASA or CAP without delay if requested.
Marketing communications must comply with the Code. Primary responsibility for observing the Code falls on marketers. Others
involved in preparing or publishing marketing communications, such as agencies, publishers and other service suppliers, also
accept an obligation to abide by the Code.
Rules in Appendix 3 apply only to third parties as defined. If the ASA is unable to identify the relevant third party, the advertiser on behalf of whom the OBA advertisement is delivered to web users - must, in good faith, co-operate with the ASA to help
determine the identity of the third party.
Marketers should deal fairly with consumers.

Im not sure why its been laid

out like this.

What are the central rules of principles are

Marketing communications must be obviously identifiable as such.

Unsolicited e-mail marketing communications must be obviously

identifiable as marketing communications without the need to open them.

Marketing communications must not falsely claim or imply that the

marketer is acting as a consumer or for purposes outside its trade,
business, craft or profession; marketing communications must make clear
their commercial intent, if that is not obvious from the context.

Marketers and publishers must make clear that advertorials are marketing
communications; for example, by heading them advertisement feature.

List all different sections of advertising the code covers

07 Political advertisements
08 Sales promotions
09 Distance selling
10 Database practice
11 Environmental claims
12 Medicines, medical devices, health-related products
and beauty products
13 Weight control and slimming
14 Financial products
15 Food, food supplements and associated health or
nutrition claims
16 Gambling
17 Lotteries
18 Alcohol
19 Motoring
20 Employment, homework schemes and business
opportunties
21 Tobacco, rolling papers and filters
22 Electronic cigarettes

Pick 4 sections give more detail about rules

that govern advertisement in these
sections
Section 1:
11.1
11.2

11.3

11.4

11.5

11.6

11.7

11.8

The basis of environment al claims must be clear. Unqualified claims could mislead if
t hey omit significant informat ion.
The meaning of all t erms used in market ing communicat ions must be clear t o
consumers.
Absolut e claims must be support ed by a high level of subst ant iat ion. Comparat ive
claims such as greener or friendlier can be justified, for example, if t he advert ised
product provides a t ot al environment al benefit over t hat of t he market ers previous
product or compet it or product s and t he basis of the comparison is clear.
Market ers must base environment al claims on t he full life cycle of t he advert ised
product , unless t he market ing communicat ion st at es ot herwise, and must make clear
t he limit s of t he life cycle. If a general claim cannot be just ified, a more limit ed claim
about specific aspect s of a product might be just ifiable. Market ers must ensure claims
t hat are based on only part of t he advert ised product s life cycle do not mislead
consumers about t he product s t ot al environment al impact .
Market ers must not suggest t hat t heir claims are universally accept ed if a significant
division of informed or scient ific opinion exist s.
If a product has never had a demonst rably adverse effect on t he environment ,
market ing communicat ions must not imply t hat t he formulat ion has changed t o
improve t he product in t he way claimed. Market ers may, however, claim t hat a product
has always been designed in a way t hat omit s an ingredient or process known t o harm
t he environment .
Market ing communicat ions must not mislead consumers about t he environment al
benefit t hat a product offers; for example, by highlight ing t he absence of an
environment ally damaging ingredient if t hat ingredient is not usually found in
compet ing product s or by highlight ing an environment al benefit t hat result s from a
legal obligat ion if compet ing product s are subject to t hat legal obligat ion.
This rule must be read in conjunct ion wit h Direct ive (EC) No 2010/ 30/ EU and t he
Energy Informat ion Regulat ions 2011 on labelling and st andard product informat ion of
t he consumpt ion of energy and ot her resources by energy-relat ed product s and its
subsequent delegat ed regulat ions. The Direct ive int roduces an informat ion and
labelling framework whereby delegat ed regulat ions will det ail which product s need t o
cont ain an energy efficiency rat ing or fiche. The rule only applies t o product s which are
subject t o a delegat ed regulat ion.

Section 2:
Section 2:
Offers of financial products must be set out in a way that allows them to be understood
14.1 easily by the audience being addressed. Marketers must ensure that they do not take
advantage of consumers inexperience or credulity.
Marketing communications should state the nature of the contract being offered, any
limitation, expense, penalty or charge and the terms of withdrawal. Alternatively, if a
14.2 marketing communication is short or general in its content, free material explaining the
offer must be made readily available to consumers before a binding contract is entered
into.
The basis used to calculate any rate of interest, forecast or projection must be apparent
14.3
immediately.
Marketing communications must make clear that the value of investments is variable
14.4 and, unless guaranteed, can go down as well as up. If the value of the investment is
guaranteed, the marketing communication must explain the guarantee.
Marketing communications should make clear that past performance or experience
does not necessarily give a guide for the future; if they are used in marketing
14.5
communications, examples of past performance or experience should not be
unrepresentative.

Section 3:
Marketing communications for gambling must be socially responsible, with particular
16.1 regard to the need to protect children, young persons and other vulnerable persons
from being harmed or exploited.
In line with rule 1.2, the spirit as well as the letter of the rules in this section apply
16.2
whether or not a gambling product is shown or referred to.
16.3 Marketing communications must not:
portray, condone or encourage gambling behaviour that is socially irresponsible or
16.3.1
could lead to financial, social or emotional harm
exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of
16.3.2
children, young persons or other vulnerable persons
suggest that gambling can provide an escape from personal, professional or
16.3.3
educational problems such as loneliness or depression
suggest that gambling can be a solution to financial concerns, an alternative to
16.3.4
employment or a way to achieve financial security

Section 3.5:
portray gambling as indispensable or as taking priority in life; for example, over family, friends or professional or educational commitments
suggest that gambling can enhance personal qualities, for example, that it can improve self-image or self-esteem, or is a way to gain
control, superiority, recognition or admiration
suggest peer pressure to gamble nor disparage abstention
link gambling to seduction, sexual success or enhanced attractiveness
portray gambling in a context of toughness or link it to resilience or recklessness
suggest gambling is a rite of passage
suggest that solitary gambling is preferable to social gambling
be likely to be of particular appeal to children or young persons, especially by reflecting or being associated with youth culture
be directed at those aged below 18 years (or 16 years for football pools, equal-chance gaming [under a prize gaming permit or at a
licensed family entertainment centre], prize gaming (at a non-licensed family entertainment centre or at a travelling fair) or Category D
gaming machines) through the selection of media or context in which they appear
Include a child or a young person. No-one who is, or seems to be, under 25 years old may be featured gambling or playing a significant
role. No-one may behave in an adolescent, juvenile or loutish way.
Individuals who are, or seem to be under 25 years old (18-24 years old) may be featured playing a significant role only in marketing
communications that appear in a place where a bet can be placed directly through a transactional facility, for instance, a gambling
operators own website. The individual may only be used to illustrate specific betting selections where that individual is the subject of the
bet offered. The image or other depiction used must show them in the context of the bet and not in a gambling context.
exploit cultural beliefs or traditions about gambling or luck
condone or encourage criminal or anti-social behaviour
Condone or feature gambling in a working environment. An exception exists for licensed gambling premises.
Marketing communications for family entertainment centres, travelling fairs, horse racecourses and dog race tracks, and for non-gambling
leisure facilities that incidentally refer to separate gambling facilities, for example, as part of a list of facilities on a cruise ship, may include
children or young persons provided they are accompanied by an adult and are socialising responsibly in areas that the Gambling Act 2005
(as amended) does not restrict by age.
Marketing communications for events or facilities that can be accessed only by entering gambling premises must make that condition
clear.

Section 4:

19.1 - Marketing communications for motor vehicles, fuel or accessories must not depict or refer to practices that condone or
encourage anti-social behaviour.

19.2 - Marketing communications must not condone or encourage unsafe or irresponsible driving. If it could be emulated,
marketing communications must not depict a driving practice that is likely to condone or encourage a breach of those rules of the
Highway Code that are legal requirements if that driving practice seems to take place on a public road or in a public space.
Vehicles capabilities may be demonstrated on a track or circuit if it is obviously not in use as a public highway.

19.3 - Marketing communications must not depict speed in a way that might encourage motorists to drive irresponsibly or to break
the law.

To avoid the implication of irresponsible driving through excessive speed, care must be taken in the style of presentation of
marketing communications. Particular care must be taken in, for example, cinema commercials and in marketing communications
that appear in electronic media to avoid moving images that imply excessive speed. If they are shown in normal driving
circumstances on public roads, vehicles must be seen not to exceed UK speed limits.

19.4 - Marketers must not make speed or acceleration the main message of their marketing communications. Marketing
communications may give general information about a vehicles performance, such as acceleration and mid -range statistics,
braking power, road-holding and top speed.

19.5 - Safety claims must not exaggerate the benefit to consumers. Marketers must not make absolute claims about safety unless
they hold evidence to substantiate them.