Overview of UK Advertising

Regulation

A presentation for students

Notes for tutors

On some slides the notes section contains extra information to help explain the role
and purpose of the ASA in regulating ads.

To supplement this presentation, you can refer to the ASA’s teaching resource
Ad:Check - Understanding Advertising Regulation and the broadcast and non-
broadcast Ad Banks available on the ASA website.

For enquiries please contact schools@asa.org.uk.

What’s covered

01 Who regulates UK advertising?

02 Why is advertising regulated?
03 What does the ASA regulate?
04 How ads are regulated?
05 Complaints about advertising
06 Advertising and young people
Who regulates UK
advertising?
Advertising Standards Authority

• The UK’s independent regulator of advertising across all

media.
• Takes action against misleading, harmful or offensive ads
by applying the Advertising Codes.
• Responds to and investigates complaints about ads made
by the public and advertisers.
• Also proactively identifies and tackles advertising issues.
Advertising regulation overview

UK advertising is regulated through a mixture of:

• Self-regulation for non-broadcast advertising

• Co-regulation for broadcast advertising

• The advertising industry writes the Advertising Codes through

the Committees of Advertising Practice (CAP).

• All advertisers must adhere to the advertising rules and abide

by the ASA’s decisions.

• The ASA is recognised by the Government, other regulators

and the courts.
Funding

The ASA is funded by the industry through:

• 0.1% voluntary levy on ad spend, airtime
and paid-for search charges
• 0.2% on the Royal Mail’s Mailsort and
Advertising contracts
• Funding is collected by two separate
boards of finance to guarantee the ASA’s
independence.
Why is advertising
regulated?
Making ads responsible

• The purpose of the ASA is to make advertisements

responsible and its ambition is to make every UK ad a
responsible ad.
• The ASA makes sure advertisers play by the same rules
to create an environment where responsible ads can
flourish.
• Because responsible ads are good for people, society and
advertisers.
Responsible advertising is an essential
part of modern life
• Provides consumers with value and choice

• Entertains, informs and educates

• Encourages social responsibility e.g. not drinking and driving

• Has economic value by funding media, sport and culture

• Helps consumers to trust and be confident in ads they see and

hear
Discussion time:
What is the point of advertising?
• Companies, charities and the government spent £17.8 bn
on advertising spend for their products and services in
2013.

• But what does advertising do?

• Why do advertisers think it’s worth spending so much
money on it?
• What benefits does advertising bring us?
• Are there any negatives attached to advertising?
What does the ASA
regulate?
The ASA regulates:

• Magazines and newspapers

• TV and radio
• Television shopping channels
• Posters
• Cinema commercials
• Direct mail
• Internet ads
• Website marketing
• Ads in social media spaces
• Paid-for search ads
• Leaflets and brochures
• Sales promotions
The ASA does not regulate:

• Sponsorship
• Packaging
• Shop windows
• Telephone calls
• Fly-posting
• Private classified ads
• Statutory/public notices
• Press releases
• Political ads
• Online editorial
How are ads regulated?
The industry’s rule book

• The Advertising Codes* cover non-

broadcast and broadcast advertising

• Written by the Committees of Advertising

Practice, CAP (non-broadcast) and BCAP
(broadcast)

• Sets standards that ensure that ads are

responsible
*The UK Code of Non-broadcast Advertising, Sales Promotion and Direct
Marketing (The CAP Code)
The UK Code of Broadcast Advertising (The BCAP Code)
The key advertising rules state that:

• Ads must not mislead

• Claims should be supported with evidence
• Advertisers should deal honestly and truthfully with consumers
• Ads should not offend
• Ads should be responsible

The rules reflect legal requirements, but also contain additional protections for
children and for certain products such as alcohol, food, health and beauty and
gambling.
The journey of a complaint

Complaint is made

Anyone can make a complaint either online, telephone or email

The journey of a complaint

Does it qualify?

Decision on whether the ad:

• Is within ASA’s remit

• Potentially breaks the advertising rules
• Requires investigation
The journey of a complaint

ASA investigation

• An investigation carried out with the aim of an informal resolution

• For more complex issues a formal investigation is required

The journey of a complaint
Decision time

• A draft recommendation whether to uphold the complaint is given to the

ASA Council.

• The ASA Council decides whether to uphold complaint.

• Final rulings by the Council are published weekly on the ASA website

• If complaints are upheld, the advertiser must amend or withdraw their ad

ASA Council

• The ASA Council decides whether an ad has

breached the Advertising Codes

• The 13-strong Council is made up of industry

and non-industry figures

• Members have been chosen to collectively

represent the perspectives of a wide
cross-section of society
The journey of a complaint

Enforcement

If a complaint is upheld but the advertiser doesn't amend or withdraw its ad,
the case is then passed to CAP for enforcement
Putting a stop to rule-breaking

 Our sanctions are:

• Adverse publicity from published rulings

• Media refusal

• Disqualification from industry awards

• Poster and press ad pre-vetting

• Withdrawal of trading privileges –

including Mailsort Contracts

• Referral to Trading Standards / Ofcom for

possible legal action
Putting a stop to rule-breaking

We also have sanctions specifically for

online advertisers:

• Removal of paid-for search advertising

• ASA paid search campaign highlighting

non-complying advertiser

• Addition to the ASA’s list of

non-compliant advertisers published
on the website
Complaints about
advertising
Complaints

• The ASA receives more than

Complaints
30,000 complaints about
advertising a year.
Misleading
• About three-quarters of advertising
Other
complaints we deal with are
about misleading advertising.
Misleading advertising
What the Advertising Codes say:

• Ads must be obviously identifiable as being ads.

• Ads must not materially mislead or be likely to do so.

• Ads must not mislead the consumer by omitting material

information.

• Advertisers must hold documentary evidence to back up

those claims that a consumer can expect to be proven.
Snickers (Mars Chocolate UK) – 2012

You’re not you when you’re hungry @snickersUk#hungry#spon

Burger King – 2010

Click here to play ad in full

Discussion time:
What are the limits?
• What

• Should advertisers be able to push boundaries using

shock tactics?

• Do your views change according to who is using the

approach? (Consider commercial companies selling
products and services or charities promoting good
causes.)
Harmful and offensive advertising
What the Advertising Codes say:

• Ads must not contain anything that is likely to cause

serious or widespread offence.

• Particular care must be taken to avoid causing offence

on the grounds of race, religion, gender, sexual
orientation, disability or age.

• Ads must not cause fear or distress without

justifiable reason; if it can be justified, the fear or
distress should not be excessive.

• Ads must be prepared with a sense of responsibility to

consumers and society.
Drop Dead Clothing – 2011
Home Office – 2013
Diabetes UK – 2008
Discussion time:
What are the limits?
• Advertising is a part of our lives. It can inform us, amuse
us or help guide our choices. Given that advertising is all
around us, it is perhaps no surprise that some advertisers
will try to grab our attention by deliberately using shock
tactics to startle us with graphic imagery or blunt slogans.

• Should advertisers be able to push boundaries using

shock tactics?

• Do your views change according to who is using the

approach? (Consider commercial companies selling
products and services or charities promoting good
causes.)
Advertising and young
people
Advertising to children
What the Advertising Codes say:
Ads must not:
• contain material which could lead to social, moral, psychological
or physical harm of children
• take advantage of children’s inexperience
• imply that a child would be inferior to others if they do not buy
the advertised product
• mislead children about the capabilities of a product
no added sugar Ltd – 2010
Sexual imagery

Over the year the rules designed to protect children have been significantly
tightened in response to societal and political concerns about sexualised
imagery in outdoor advertising.

The ASA takes into account:

• the nature of the product advertised

• the context of the ad its location and medium, including size
• the audience and the likely response of that audience
American Apparel – 2012
Food advertising
Ads must not:

• condone or encourage poor nutritional habits or an unhealthy

lifestyle in children

• use promotional offers in an irresponsible way

• use ‘high pressure’ or ‘hard sell’ techniques

• use licensed characters or celebrities popular with children if

ads are targeted directly at pre-school or primary school
children

• give a misleading impression of the nutritional benefit of

products
Swizzels Matlow – 2012
Alcohol

 Ads must not:

• encourage excessive drinking
• feature those who are, or appear to be, under the age of 25
• place undue emphasis on alcoholic strength
• suggest that alcohol is a reason for the success of any
personal relationship or social event
• link alcohol with seduction, sexual activity or sexual success
• have a strong appeal to those under the age of 18 years old
• show alcohol being handled or served irresponsibly
Hi Spirits – 2012
Gambling

Ads must not:

• Portray, condone or encourage gambling behaviour that is socially
irresponsible or could lead to financial, social or emotional harm
• Exploit the susceptibilities of children, young persons or other vulnerable
persons
• Suggest gambling can be a solution to financial concerns or personal
problems
• Link gambling to sexual success
Betfair – 2009
Discussion time:
Young people as consumers
• There are strict rules on advertising aimed at children and
young people. The ASA makes sure that ads targeted at or
are likely to be seen by children don’t contain anything
that is inappropriate or harmful and also ensures that
young adults are protected.

• Is this necessary?

• Should there be more rules?

Thank you

Advertising Standards Authority

Mid City Place, 71 High Holborn
London WC1V 6QT
Telephone 020 7492 2222

schools@asa.org.uk
www.asa.org.uk