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ASA
- 1. Overview of UK Advertising Regulation
- 2. 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
- 4. 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.
- 5. 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.
- 6. 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.
- 8. 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.
- 9. 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
- 10. 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?
- 11. What does the ASA regulate?
- 12. 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
- 13. 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
- 14. How are ads regulated?
- 15. 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)
- 16. 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.
- 17. The journey of a complaint Complaint is made Anyone can make a complaint either online, telephone or email
- 18. 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
- 19. 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
- 20. 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
- 21. 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
- 22. 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
- 23. 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
- 24. 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
- 26. Complaints • The ASA receives more than 30,000 complaints about advertising a year. • About three-quarters of complaints we deal with are about misleading advertising. Complaints Misleading advertising Other
- 27. Misleading advertising • 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. What the Advertising Codes say:
- 28. Snickers (Mars Chocolate UK) – 2012 You’re not you when you’re hungry @snickersUk#hungry#spon
- 29. Burger King – 2010 Click here to play ad in full
- 30. 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.)
- 31. Harmful and offensive advertising • 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. What the Advertising Codes say:
- 32. Drop Dead Clothing – 2011
- 33. Home Office – 2013
- 34. Diabetes UK – 2008
- 35. 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.)
- 37. 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
- 38. no added sugar Ltd – 2010
- 39. 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
- 40. American Apparel – 2012
- 41. 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
- 42. Swizzels Matlow – 2012
- 43. 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
- 44. Hi Spirits – 2012
- 45. 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
- 46. Betfair – 2009
- 47. 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?
- 48. Homework Find an advert that you believe does not follow the ASA guidelines. Write as letter to the ASA using the guidelines to explain why the advert is not accurate, may be misleading or feature something which you believe to be not suitable. Explain why you are upset about it and suggest a way in which they could change the advert to make it more suitable.
Notes de l'éditeur
- Self-regulation means that the system is paid for by the advertising industry who also write the rules they commit to adhering to and which the ASA independently enforces. The system is described as co-regulation for broadcast advertising because the ASA regulates TV and radio under a contract from Ofcom, which is a statutory body. The Committees of Advertising Practice are two industry bodies which represent advertisers, media owners and agencies in non-broadcast and broadcast advertising. For more information please visit www.cap.org.uk The strength and success of the UK advertising system depends on the long-term commitment of all those involved in advertising, sales promotions, direct marketing and broadcasting.
- The levy system means that the ASA has the necessary resources to handle more than 30,000 complaints each year and independently check thousands of ads every year at no cost to the public. In addition, the funding supports the advice and training services the Committees of Advertising Practice provide to the industry. The separate funding mechanism ensures the ASA does not know which advertisers choose to fund the system or the amount they contribute. Advertisers can choose whether to pay the levy, but they cannot choose to comply with the Advertising Codes or with the ASA’s rulings. For more information, please visit www.asa.org.uk/About-ASA/Funding.aspx
- The central principle of the Advertising Codes is that all advertisements wherever they appear should be legal, decent, honest and truthful. Ads should be prepared with a sense of responsibility to the consumer and society and should reflect the spirit, not merely the letter of the rules. CAP – Committee of Advertising Practice BCAP – Broadcast Committee of Advertising Practice For more information about the Advertising Codes and the Committees that write them, please visit www.cap.org.uk
- Claims should be truthful and give consumers enough information to make informed choices Where advertisers make claims that are capable of being backed up by evidence (e.g. best selling), they should have this proof in place before making the claim. It will be required in the event of a complaint to the ASA. Advertisers should deal honestly and truthfully with consumers Advertisers should think about how their ads could be perceived Advertisers should consider who is going to see their ads and where it is going to be placed.
- The ASA receives complaints from members of the public, advertisers, and/or on behalf of an organisation or body with a direct interest in the subject of the complaint.
- If a complaint is not within the remit of the ASA to act, the complainant is referred to the relevant body or organisation which can assist with their complaint. Majority of the complaints the ASA receives (around 75%) do not pose a problem under the rules and no action is taken
- The ASA prefers to work by persuasion and consensus, so where appropriate it will aim to resolve complaints informally with the advertiser. For example if the advertiser agrees to change or withdraw their ad after they have been contacted. This means that the complaint is not formally investigated and does require the ASA Council to make a ruling. Formal investigations require the advertiser to defend their ad in writing and/or provide evidence to support any claims. Where needed the ASA will also seek expert advice. In a formal investigation, all the parties involved, the complainant, advertiser and, if appropriate, the broadcaster are contacted and informed of the process.
- Final rulings are also made available to the media
- Two-thirds of the Council members are independent of the advertising and media industries and offer a wide range of skills and experiences, by representing various perspectives across society, including young people, families, charities and consumer groups. The remaining members have a professional background in the advertising or media sectors Council members are appointed for a maximum of two, three-year terms and receive an honorarium of up to £17,000 p.a. For more information about the current ASA Council, please visit www.asa.org.uk/asacouncil.
- As well as writing the Advertising Codes, the Committee of Advertising Practice (CAP) also helps to enforce ASA rulings. The vast majority of advertisers comply with ASA rulings and act quickly to amend or withdraw an ad that has broken the rules.
- Advertisers who don’t comply with the ASA’s rulings are subject to a range of sanctions. For broadcast ads, the responsibility to withdraw/change or reschedule the ad lies with the broadcaster as a condition of their licence Persistent breaches of the rules can lead to a referral to Ofcom, which can impose fines and withdraw the broadcaster’s licence to broadcast. For non-broadcast ads, the ASA can refer the advertiser to Trading Standards for legal proceeding to be taken against them.
- The ASA works with search engines such as Google to remove paid ads that link to non-complying content The ASA has paid search campaigns highlighting non-complying advertisers so consumers are aware that there is a problem with advertiser. Very effective in the case of misleading content. The ASA will also ‘name and shame’ non-compliant advertisers on a dedicated section of its website For more information about ASA sanctions please visit http://www.asa.org.uk/Industry-advertisers/Sanctions.aspx
- Contrary to what is portrayed in the media, the majority of complaints the ASA receives relates to misleading advertising. The potential consequences of such ads are that they hoodwink consumers; give an unfair advantage to business that don’t play by the rules and erode trust in advertising. It should also be noted that not all ads result in complaints and of the ones that do, the majority do not break the rules.
- Read more about the Advertising Code rules at www.cap.org.uk
- The issue Two series of tweets related to Snickers were posted from the official Twitter accounts of Rio Ferdinand and Katie Price. The tweets from both accounts contained four ‘teaser’ tweets which did not reference Snickers but the fifth tweet showed the celebrities with the product and included the text “You’re not you when you’re hungry @snickersUk #hungry #spon ...”. Two complainants challenged whether the ads were identifiable as marketing communications. ASA decision: Not upheld The ASA considered that as the tweets were posted in relatively quick succession the last tweet revealed the product and identified it as a sponsored tweet, this was sufficient to make clear the tweets were in fact advertising. It was therefore concluded that the ads did not breach the advertising rules.
- The issue Two viewers objected that the ad was misleading because they believed the chicken burger sold in Burger King stores was significantly smaller than the one shown in the ad. ASA decision: Upheld The ASA went to Burger King and bought some of the burgers; then photographed them in the hands of an average sized man for comparison and found that the burger was indeed smaller than advertised.
- Read more about the Advertising Code rules at www.cap.org.uk
- The issue A website ad for an online clothing retailer, Drop Dead Clothing, featured a model in a number of images, including in bikinis and denim shorts. A complainant objected that the ad was irresponsible and offensive, because they believed the model was underweight and looked anorexic. ASA decision: Upheld The ASA noted that Drop Dead Clothing’s target market was young people. It considered that using a noticeably skinny model with visible hip, rib, collar and thigh bones, who wore heavy makeup and was posed in ways that made her body appear thinner, was likely to impress upon that audience that the images were representative of the people who might wear Drop Dead's clothing, and as being something to aspire to. Therefore, while the ASA considered the bikini and denim short images might not cause widespread or serious offence, it concluded they were socially irresponsible.
- The issue Most of the complainants challenged whether: 1. the poster, and in particular the phrase "GO HOME", was offensive and distressing, because it was reminiscent of slogans used by racist groups to attack immigrants in the past; and 2. the poster was irresponsible and harmful, because it could incite or exacerbate racial hatred and tensions in multicultural communities. ASA decision: Upheld in part The ASA did not uphold the complaints, considering that in the context, the claim would be interpreted as a message regarding the immigration status of those in the country illegally, which was not related to their race or ethnicity. Noted headline statement "In the UK illegally?" The ASA recognised that the poster, and the phrase "GO HOME" in particular, were likely to be distasteful to some in the context of an ad addressed to illegal immigrants, irrespective of the overall message conveyed, and recognised that wording less likely to produce that response, such as "RETURN HOME ..." could have been used. However, it concluded that the poster was unlikely to cause serious or widespread offence or distress In addition, the poster was unlikely to incite or exacerbate racial hatred and tensions in multicultural communities, and that it was not irresponsible and did not contain anything which was likely to condone or encourage violence or anti-social behaviour. The ad was upheld for exaggerating number of arrest – referred to significant part of London, not just the local area.
- The issue This poster ad formed part of a press and poster campaign for Diabetes UK. It attracted 16 complaints that it was distressing to children who had diabetes or knew their parents had the condition. They also found the ads' appeal to fear and focus on the negative impact of diabetes offensive. Diabetes UK said the 'Silent Assassin' campaign was aimed not only at people with diabetes and those at risk of developing the condition but also the public at large, and aimed to highlight that diabetes was a serious condition and to improve awareness of its devastating complications. ASA decision: Not upheld The ASA considered that consumers were likely to infer that the ads were primarily targeted at people who might be at risk of developing illnesses or conditions because they had diabetes without knowing it, or at those who knew they had diabetes but were unaware of how serious the potential dangers could be. Although we considered there was an appeal to fear in people with diabetes who were unaware of the potential dangers of their condition or who led unhealthy lifestyles, and in people at risk of developing the condition, it was justified because it encouraged prudent behaviour, diagnosis and proper management of diabetes.
- The Advertising Codes define a child as someone under the age of 16.Tutors are encouraged to read the Children and Advertising Hot Topic article at http://www.asa.org.uk/News-resources/Hot-Topics.aspx
- The issue This ad appeared in a children’s clothing catalogue, where the child models were shown holding plastic bags near their faces. Complainants objected that the catalogue was irresponsible because it could be copied by children, leading to their physical harm. ASA decision: Upheld Although the catalogue was sent to parents, the ASA felt there was a risk of it being left where children could see it and they could possibly try to emulate it. The complaints were therefore upheld.
- The issue An ad for American Apparel clothing appeared in Vice Magazine. Two complainants objected that the model appeared to be a child and that the ad was therefore offensive and irresponsible. ASA decision: Upheld The ASA considered that the model pictured appeared to be young and potentially under the age of 16. American Apparel said the model was over 16. Although there was no explicit nudity, the ASA considered that the amateur style of the photo, the posing of the model with her legs up on an office style chair with her knickers showing and the unsmiling expression on the model's face meant the photo would be interpreted as having sexual undertones and a voyeuristic quality. Concluded the ad inappropriately sexualised a model who appeared to be a child and was therefore irresponsible and offensive.
- Tutors are encouraged to read the Food and drink Hot Topic article http://www.asa.org.uk/News-resources/Hot-Topics.aspx
- The issue A website for a confectionary manufacturer, www.swizzels-matlow.com, featured a virtual area called "Swizzels Town", in which a user could navigate between various locations representing different products. The areas included games, photographs and videos. The website also featured a "Scooby Doo" section, which included games and information on Scooby Doo branded products. The Children's Food Campaign (Sustain) objected that the website encouraged poor nutritional habits in children; and the website was irresponsible because it used a licensed character to promote sweets to children. ASA decision: Upheld Most of the website was fine within the advertising rules but over three levels the game's character could collect almost one hundred cola bottle sweets. If the character was caught by the "angry parents" they would lose a life. The ASA considered that the game, which was relatively long in duration, was aimed at young children and condoned eating a large number of sweets whilst hiding this fact from one's parents. It was therefore concluded that the Cola Capers game irresponsibly encouraged poor nutritional habits and an unhealthy lifestyle in children. Because of this section only, the ASA concluded that the ad had breached the advertising rules.
- The stringent rules, which apply across all media and are mandatory, place a particular emphasis on protecting young people; alcohol ads must not be directed at people under 18 or contain anything that is likely to appeal to them by reflecting youth culture or by linking alcohol with irresponsible behaviour, social success or sexual attractiveness. The TV and radio advertising rules contain strict controls about the placement and content of alcohol advertising. Alcohol ads are banned from appearing in and around programmes commissioned for or principally targeted at audiences below the age of 18, as well as programmes likely to appeal particularly to audiences below the age of 18. Tutors are encouraged to read the Alcohol Hot Topic article http://www.asa.org.uk/News-resources/Hot-Topics.aspx
- The issue These photos were uploaded by users to Hi Spirit’s Facebook page to promote Antica Sambucca. The ASA received a complaint that the images promoted excessive drinking, featured people drinking alcohol who appeared to be under 25 years of age, and two of the images linked drinking with driving. ASA decision: Upheld The ASA agreed with the complainant as a number of the photos, people were shown to be holding multiple drinks showing that an abundance of alcohol was available and had been consumed. Similarly, some of the pictures suggested that some of the individuals had consumed a large quantity of alcohol and were intoxicated. On this point the images breached the rules under social responsibility and alcohol. Two of the images showed a man holding multiple drinks and car keys, which the ASA considered linked alcohol with driving and concluded the image was irresponsible. N.B. Hi Spirits did actually remove this image prior to the final ruling. Nonetheless it had broken the rules for responsible advertising. Several of the images had been taken at university Fresher’s week events and so the likelihood is that a number of the attendees would have been new university students and therefore around 18 years of age, which is in breach of the advertising rules for alcohol. The complaint was upheld the on this point.
- Tutors are encouraged to read the Gambling Hot Topic article http://www.asa.org.uk/News-resources/Hot-Topics.aspx
- The issue An email ad for an online poker site. The complainant thought the ad was irresponsible because it could encourage children and young people to gamble. The ASA added its own challenge because it was understood that Annette Obrestad was 20 years old. ASA decision: Upheld Although the ad had been targeted at those who had confirmed they were over 18, the ad included an image of a young looking woman, who was referred to through her online handle Annette_15 and that this implied she was 15 years old (which she actually was when she first started playing online poker, hence her being so well known). It was also noted the ad contained the line “Online experience is measured in games, not years”, which the ASA considered could encourage young people to gamble. Because Annette was 20, and looked considerably younger and because she played a significant role in the ad, the ASA concluded the ad breached the Code.