The Advertising Standards Authority (ASA) is the independent regulator of advertising across all UK media. They apply advertising codes written by the Committees of Advertising Practice (CAP) to take action against misleading, harmful, or offensive advertisements. ASA can deal with most complaints, but may refer some to other regulators like Ofcom, with whom they have a co-regulatory agreement. The advertising codes aim to protect people, especially youth, from ads involving pornography, gambling or misleading claims. Advertisers can check the ASA website for the rules to ensure their ads comply with these standards.
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ASA stands for The Advertising Standards Authority. They are the UK’s independent regulator of
advertising across all media. They apply codes that are written by committees of advertising practice. ASA
have to act on complaints and proactively check the media to take action against misleading, harmful or
offensive advertisements.
ASA can deal with the majority of ads but not every single one. If ASA cannot deal with a complaint
themselves, they will help you contact the right body. For TV and radio advertising, they regulate under a
contract from Ofcom. ASA also have a co regulation arrangement with communications regulator Ofcom.
In 2014, Ofcom announced the renewal of its co-regulatory relationship with ASA for another 10 years.
Ofcom act as a ‘legalbackstop’ for ASA.
ASA apply the advertising codes that are written by the Committees of Advertising Practice (CAP).
CAPare the sisterorganisationof the ASA andare responsible forwritingthe advertising codes. CAP
represent the advertising industry, covering advertisers, media owners and agencies. They offer
authoritative advice and guidance on how to create campaigns that comply with the rules.
The code isusedto protectpeople fromadvertsthatmayaffectyouthrough differentways.These
wayscan be harmful oroffensive,forexample pornographicorgambling;butalsothrough
misleadingadvertisements. There are codestorestrictthe advertisementof pornography,toprotect
those underthe age of 18, as well ascodeson alcohol andgambling.These codesandrulescover
contentand targeting,andare designedtoprotectunder18s and the vulnerable.Thereare also
codesto protectcharities,includingthe rulesarounddonationandtoinclude refunds.Otherdayto
day thingsthatare affectedare advertisementsonweightcontrol andslimming.Thisistoensure the
advertisementsforweightcontrol andslimmingproductsreceivethe necessaryhighlevel of
scrutiny.If necessary,broadcastersmustobtaingenerallyacceptedscientificevidence and
independentexpertadvice.Distance sellingalsohasacode usedto protectpeople fromthese.This
allowsreaderstoplace orderswithoutface toface contact withthe seller.Thiscoverscancellation
and refunds.Some contractsof exemptactivitiesare notsubject tothe regulation.Forexample,
gambling,banking,package holidays,residentialrental agreementsandafew more.
https://www.asa.org.uk/codes-and-rulings/advertising-codes/broadcast-code.html
An advertisercangoon the ASA website andclickoncompliance andreadthe rulestheyhave to
follow,tosticktothe guidelines. Rule 1isadvertisementsmustreflectthe spirit,notmerelythe
letter,of the code.Rule 2 isadvertisementsmustbe preparedwithasense of responsibilitytothe
audience andtosociety.Rule 3 isadvertisementsmustcomplywiththe law andbroadcastersmust
make that a conditionof acceptance. Andfinallyrule 4isadvertisementsmustnotstate or imply
that a product can legallybe soldif itcannot.These ruleswere ensurethatanadvertisercomplies
withthe code,and keepsthemoutof trouble.
You can complainthroughonline orbywritingto themviaan address.You can write a complaintif
youare a consumer,competitorororganisationwithadirectinterest.Whenfilingacomplaint,you
will needinformationaboutthe ad,such as what,where andwhen.Also,if applicable;a
photo/videoorscreenshotof the ad.You will alsoneedtoprovide all contactdetails.A current
advertthat isunderinvestigationis LeoVegasGamingLtd.The complaintwasthat the advert
misleadinglysuggestedconsumerswouldreceive£1,500 in cash. The complaintgota response and
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the assessmentwasupheld.The finaldecisionwasthatthe advertdidnotsufficientlymake itclear
as to whetherconsumerswouldreceive £1,500 in cash or a “welcome bonus”. Therefore, ASA
consideredthe adwaslikelyto confuse consumers asto whatwas beingofferedunderthe
promotion,andwasdeemedtobe misleading.
The ad breachedCAPCode (edition12) rule 3.1 (misleadingadvertisement).