2. Who are the ASA and what do
they do?
S The ASA or The Advertising Standards Authority is the
UK’s independent regulator of advertising across all
media.
And they apply the codes/rules of advertising. Their work
includes acting on complaints and proactively checking
the media to take action against misleading, harmful or
offensive advertisements.
If they decide that an ad is to be in breach of the UK
Advertising Codes, it must be withdrawn or amended and
the advertiser must not use the approach again.
3. Why are they important?
S The ASA are important because they are the ones who are
responsible for all the adverts, whether that is on social media,
TV, radio or print so therefore if we deem an advert to break the
regulations of the ASA they have to deal with it. Also they are
important because if we didn’t have them lots of adverts would
become misleading and would encourage people for the wrong
reasons.
Also in my opinion they are important because they are
keeping all adverts that are in our country within a specific set
of regulations, this means that no advert is too explicit or crude.
No matter where the advert is set or who made the advert, the
same rules apply which is a good thing.
4. Why do you think advertising
needs to be regulated?
S I think that Advertising plays an essential part in all market
economies so therefore advertising must have a high level of
consumer trust and confidence.
Also it must be legal, decent, honest and truthful. If consumers
are misled by advertising, they will not buy again, also if it
offends them, they will not buy in the first place. Bad
advertising, will gradually lower consumer confidence and all
advertising will suffer.
So it’s the job of the advertising industry to ensure that
advertising is properly regulated. Because if this job isn't done
properly then people will begin to get mislead by the advert and
they will then make the wrong choices when it comes to buying
things that the advert is advertising
5. Who are Ofcom and what do
they do?
S Ofcom is the communications regulator.
And they are the ones who regulate the TV and radio
sectors, fixed line telecoms, mobiles, postal services,
plus the airwaves over which wireless devices operate.
They make sure that people in the UK get the best from
their communications services and are protected from
scams and sharp practices, while ensuring that
competition can thrive.Ofcom operates under a number
of Acts of Parliament, including in particular the
Communications Act 2003.The Communications Act says
that Ofcom’s principal duty is to further the interests of
citizens and of consumers, where appropriate by
promoting competition.
6. How are they Funded?
S Ofcom are funded through fees from the industries that they
regulate for e.g. they receive fees from regulating broadcasting
and communications networks such as BT and Sky. Also they
receive money from companies such as ITV and BBC through
the regulation of adverts on those channels.
Another way that Ofcom are funded is through government
grants and this is where a financial award is given by the
federal, state or local government to an eligible grantee.
Government grants are not expected to be repaid by the
recipient.
7. What “act” do they operate
under?
S Ofcom was established as a body corporate by the Office
of Communications Act 2002. Ofcom operates under a
number of Acts of Parliament and other legislation. These
include the Communications Act 2003, the Wireless
Telegraphy Act 2006, the Broadcasting Acts 1990 and
1996, the Digital Economy Act 2010 and the Postal
Services Act 2011.
8. What is the difference between
Ofcom and ASA?
S The ASA system is responsible on a day-to-day basis for
broadcast advertising content standards. The Broadcast
Committee of Advertising Practice (BCAP) is responsible
for writing and maintaining the UK Code of Broadcast
Advertising, but Ofcom retains overall sign-off on major
changes to the Code. The ASA is responsible for
administering the Code, but is able to refer broadcasters
to Ofcom for further action, if needed. This is extremely
rare.
9. What are the BCAP codes?
S The BCAP codes are the UK Broadcast Advertising
Codes which lay down rules for advertisers, agencies and
media owners to follow. They include general rules that
state advertising must be responsible, must not mislead,
or offend and specific rules that cover advertising to
children and ads for specific sectors like alcohol,
gambling, motoring, health and financial products.
The codes were enforced by the ASA who can take steps
to remove or have amended any ads that breach these
rules.
10. How are they used?
S The Codes are enforced by the Advertising Standards
Authority, who can take steps to remove or have
amended any ads that breach these rules.
For e.g. if an advert is to be found breaching one of the
codes
11. What recent Adverts have had rulings
from the ASA and what BCAP codes
have they breached?
S A TV ad for a Sky Living drama – The Enfield Haunting –
was broadcast on ITV at 8.45pm on Saturday 25 April
during an episode of Britain’s Got talent.
S The ad was cleared by Clearcast with an ex-kids
restriction, which meant it should not be shown in or
around programmes made for, specifically targeted, or
likely to be of particular appeal to childrenThirty-seven
viewers, some of whose children were distressed by the
ad, objected that the ad had been inappropriately
scheduled during a family programme when younger
children were likely to see it
S The BCAP Codes it broke are 32.1 and 5.1
