What exactly does ASA do?

The Advertising Standards Authority is the UKs independent regulator of advertising across all
media. They apply the Advertising Codes, which are written by the Committees of Advertising
Practice. Their work includes acting on complaints and proactively checking the media to take
action against misleading, harmful or offensive advertisements.

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.
If they judge an ad to be in breach of the UK Advertising Codes, it must be withdrawn or
amended and the advertiser must not use the approach again. In 2012 they considered 31,298
complaints about 18,990 cases and they actively checked thousands of ads. Their work led to
3,700 ads being changed or withdrawn.

What sanctions can the

ASA impose?
The majority of sanctions for non-broadcast advertising are coordinated through CAP, whose members are trade associations
representing advertisers, agencies and media. There are several CAP sanctions, which can be employed in different
circumstances:
Ad Alerts - CAP can issue alerts to its members, including the media, advising them to withhold services such as access to
advertising space.
Withdrawal of trading privileges - CAP members can revoke, 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
prohibitively expensive.
Pre-vetting - Persistent or serious offenders can be required to have their marketing material vetted before publication. For
example, CAPs poster industry members can invoke mandatory pre-vetting for advertisers who have broken the CAP Code on
grounds of taste and decency or social responsibility the pre-vetting can last for two years.
Sanctions in the online space - CAP has further sanctions that can be invoked to help ensure marketers claims on their own
websites, or in other non-paid-for space under their control, comply with the Codes.
For misleading or unfair advertising, ultimately if advertisers and broadcasters persistently break the Advertising Codes and dont
work with them, they can refer them to other bodies for the further action, such as Trading Standards or Ofcom.

How does self-regulation of nonbroadcast advertising work?

Self-regulation means that the industry has voluntarily established and paid for its own regulation.
The system works because it is powered and driven by a sense of corporate social responsibility
amongst the advertising industry. Advertisers have an interest in maintaining the system because:
Making sure that the consumers are not misled, harmed or offended by ads helps to maintain
consumer confidence in advertising. Advertising that is welcomed by consumers is good for business.
It maintains a level playing field amongst businesses. It is important for fair competition that all
advertisers play by the same rules.
Maintaining the self-regulatory system is much more cost-effective for advertisers than paying the
legal costs of a court case.

What the Code applies to:

A. 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
B. posters and other promotional media in public places, including moving images
C. cinema, video, DVD and Blu-ray advertisements
D. 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
E. marketing databases containing consumers personal information
F. sales promotions in non-broadcast media
G. advertorials (see III k)
H. Advertisements and other marketing communications by or from companies, organizations 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 are the central principles

of the code:
The central principle for all marketing communications is that they should be legal, decent, honest and truthful. All marketing
communications should be prepared with a sense of responsibility to consumers and society and should reflect the spirit, not
Marketing communications should be legal, decent, honest and
merely the letter, of the Code.
1.1
truthful.
1.2
1.3
1.4

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 sectorspecific rules.

1.5

No marketing communication should bring advertising into disrepute.

1.6

Marketing communications must respect the principles of fair

competition generally accepted in business.

1.7

Any unreasonable delay in responding to the ASAs enquiries will

normally be considered a breach of the Code.

1.7.1

The full name and geographical business address of the marketer must
be given to the ASA or CAP without delay if requested.

1.8

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.

1.8.1

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.

1.9

Marketers should deal fairly with consumers.

What are the basic rules of

compliance for the code:
1.1

Marketing communications should be legal, decent, honest

and truthful.

1.2

Marketing communications must reflect the spirit, not merely

the letter, of the Code.

1.3

Marketing communications must be prepared with a sense of

responsibility to consumers and to society.

1.4
1.5
1.6
1.7
1.7.1

1.8

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.

1.8.1

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.

1.9

Marketers should deal fairly with consumers.

List all the different sections of

advertising which the code covers:

Print and press ads

Posters
Direct mail
Television and radio ads
Competitions, special offers
Email and text messages
Internet (banners, pop-ups, virals, sponsored search, marketing communications on companies
own websites and other non-paid for space under their control.)
Teleshopping
Cinema commercials
Promotions
And more.

Pick 4 sections and give more details about the

rules which govern advertising in those sections:
Children- Care should be taken when featuring or addressing children in marketing communications.
The way in which children perceive and react to marketing communications is influenced by their age, experience and the context in which the message is delivered. Marketing
communications that are acceptable for young teenagers will not necessarily be acceptable for younger children. The ASA will take those factors into account when assessing whether a
marketing communication complies with the Code.

Distance Selling- Distance selling marketing communications are marketing communications that promote specific goods or services and include direct response mechanisms that
allow consumers to place orders without face-to-face contact with the marketer.
In this section of the Code (and only in this section), consumer does not include those acting in the course of their business.

Gambling- The term "gambling" means gaming and betting, as defined in the Gambling Act 2005, and spread betting. For rules on marketing communications for lotteries, see Section 17.
The legal framework for gambling in Great Britain, including the requirements for licensing operators, is set out in the Gambling Act 2005 (as amended).
The Gambling Act 2005 does not apply outside Great Britain. Specialist legal advice should be sought when considering advertising any gambling product in Northern Ireland or the Channel
Islands.

Motoring- Marketing communications should not condone or encourage unsafe or inconsiderate driving practices. If they make environmental claims, marketing communications for motor vehicles, fuel
or accessories should comply with the rules in Section 11.