Unit 7: Understanding the Creative
Learning outcome 3:
Understand the regulation of the media
Name: Roberta Haslam
Understand the regulation of the media sector
Use this workbook to help you with this learning outcome. There is some guidance
and further notes, which you should read and then remove, replacing it with your
Which regulatory body did you research?
ASA - Advertising Standards Authority
What are they in charge of regulating?
They are the UK’s independent regulator of advertising, across all media. They are in charge of se
Self-regulation of non-broadcast advertising:
Independent regulator of advertising across media such as posters and magazines.
Co-regulation of broadcast advertising:
Responsible on a daily basis for broadcast advertising content standards across media such
When was the body set up? Why was it set up?
1955 – Commercial TV started broadcasting; advertisements were controlled by legislation.
1961 – The Advertising Association discussed with media companies, that Adverts in non-broadca
1962 – Committee of Advertising Practice established the Advertising Standards Authority (ASA) a
2004 – The ASA/CAP system assumed full responsibility for radio and TV ads.
The Authority was set up to ensure that all UK advertisements are responsible, across all media. It
How is this organisation funded? Why is it funded that way?
Are there any benefits or drawbacks to being funded this way?
Advertisers fund the ASA by paying a levy that is collected by the Broadcast Advertising Standards
(BASBOF) and the Advertising Standards Board of Finance (ASBOF). There is a 0.1% levy on the
charges on seminars and premium industry advice services. There is no funding from government.
It is funded that way to make sure that the ASA does not know which advertisers choose to fund th
The levy system ensures that the ASA has the financial resources to check thousands of co
Funding supports CAP’s Copy Advice Service which provides advice prior to advertisers pub
The levy system means that the ASA does not know who contributes and how much they co
Companies may use the services of the ASA without contributing.
What powers does the regulatory body have? What can they do if someone breaks their rule
The Advertising Standards Authority is self-regulatory and makes sure that advertisers, agencies a
The ASA is a non-statutory body so they can’t take legal judgement on advertisers because they h
For example, the case when an advert for a mobile phone case with an inbuilt lighter was broadca
Lightercase ad broke the rules relating to responsible advertising.”
If the advertiser breaches the advertising code, they have to amend or withdraw the ad and they ca
The Unfair Commercial Practices Directive is the European Union consumer protection legislation
ASA can pass on delinquent advertisers to two main statutory regulators: Office of Communication
The ASA also has a Non-compliant On-line Advertisers page under its Rulings Section; that lists a
How does the industry use it?
The industry can access the wealth of advice and training that is available through the ASA. They c
they can provide advice on advertising campaigns, along with a full on-line database with authorita
The CAP website states that: “The professional and brand damage from getting your advertisemen
That’s why we’ve created a wide range of advice services – so you can look good and be good at
Other services provided by CAP include: website audits, newsletters and e-learning.
How can the public use it?
The public would contact ASA if they have an issue with a particular ad that is being broadcast.
The ASA helps to solve complaints by working together with the public and the industry. If they can
media to make sure that their rules and codes are being followed. The ASA website states: “we co
What kinds of regulatory issues does your body deal with the most?
The ASA have had issues dealing with complaints from consumers. These issues include:
1. Data protection and freedom of information.
2. Too much direct mail, telemarketing calls and fax marketing.
3. Discrimination on the grounds of race, sex, age or disability.
The ASA deals with competition and consumer choice mostly:
Competition- When you are online, ads pop up using different persuasive techniques to compete a
Consumer choice- The ASA asks the public questions to ensure that their ad is a good standard.
Find a case study which demonstrates the regulatory body working in practice.
The case study that I discovered was called Zazzle Inc. The t-shirt was labelled ‘Nothing Tastes A
“The Zazzle Inc website advertised a children’s t-shirt in April 2011.” The ASA received three comp
The ad was withdrawn from the public and was classified as ‘irresponsible’ because the ad breach
They came to the conclusion that Zazzle had broken CAP code 5.1 because the slogan was target
perception of themselves.
Find a second case study which demonstrates the regulatory body working in practice.
The name of the second case study that I discovered is called Drop Dead Clothing. The issue the
The problem was drawn to their attention when images were showcasing models wearing revealing
may influence young people to lose weight to fit into the latest clothing; which may cause them to b
The ASA noticed that the model’s body and the way in which she was posing, made the body imag
The ASA came to the decision that Drop Dead was socially irresponsible because they breached th
You should answer the following questions using the information you have gained so far in the unit
Should there be regulation of the media?
Yes, I think the media should be regulated to especially protect children from harmful/ disturbing im
If there were no regulation in place, then we all will be bombarded by disturbing images and exagg
Edition dolls Elsa and Anna were advertised as £60. Disney staff and early web pages advertised
With the arrival of internet and social media, the world of advertising has exploded. This makes reg
Teenagers can be affected physically as well as mentally; when it comes to advertisements rela
smoking, unless that reference obviously forms part of an anti-smoking or anti-drugs message.”
Should regulators be independent?
I personally think regulators should be independent to ensure the integrity of the process. If they w
Although the industry funds self-regulation, it does not get involved in the day-to-day running of t
regulatory codes. Self-regulation offers consumers a double layer of protection, which includes rigi
According to the Responsible Advertising and Children website, independent studies show that “a
be especially successful with respect to the application of rules on advertising and the protection o
Despite this the European Advertising Industry has developed a best practice model for advertisin
Answer just one of the following questions with a long form answer using specific examples to help
Why do we allow regulatory bodies to censor media products like films and video games?
Is it important to regulate adverts?
I am of the opinion that adverts should be regulated to protect children from harmful/ disturbing im
If there were no regulations in place, we would be bombarded by negative images and exaggerate
featured a model who was too skinny for the ad. The ASA banned the ad and reported it because t
also played a role in irresponsible ads. ‘Lose 30 pounds in 30 Days!’ And ‘Scientists Announce Inc
“Before and after” pictures on magazines, internet and TV can be misleading. For example, Proac
realise our face does not get rid of spots but instead become blotchy from chemicals used in produ
about the product. For example on television, food ads could also be misleading to TV viewers. A c
because the burger didn’t match his expectations.
The most harmful misleading ads are the ones that make false medical claims. When people are v
dying, charging a lot of money for their products or services. For example, the website www.saltcav
complainant challenged whether the ad discouraged persons to seek treatment for conditions for w
Raymond Brown – Spiritual Healer - www.raybrownhealing.com is in breach of the UK Advertising
to heal a range of health issues but CAP and ASA are yet to see evidence that he can treat any of
There are so many other examples that demonstrate the need for regulators in the advertising indu
Code for making false claims about their products. Their claims about book titles and audio files we
accompanying images, and “Below are two examples of ads that have recently aired”, with accomp
ads. The ASA warned them “the claims and pictures must not appear again in their current form.” T
Another example of misleading advertising is Amber Anklets. CAP and ASA have not seen any clin
times about removing unsubstantiated claims such as “Heal your baby NATURALLY with our ambe
acid being a well-known anti-inflammatory and pain reliever also lack evidence. Amber Anklets hav
compliant list on the website until the company has removed the claims.
These examples show the importance of regulating adverts, as even with regulatory bodies in plac
Is people’s privacy or freedom of information more important?