Overview of the UK advertising regulatory system with a particular emphasis on TV advertising.

1. Advertising Regulation
31-Oct-14

2. Categories of Advertising
Broadcast Advertising Regulation
Preclearance and Clearcast
Non-broadcast Advertising Regulation
Questions

3. There are two categories of advertising in the UK
Broadcast Advertising
Non- Broadcast Advertising

4. Broadcast Advertising is: spot advertising on radio and TV and teleshopping

5. Non- Broadcast Advertising is:

6. They share a single regulator, but the legal framework is different
6

7. Is co-regulated
Broadcast Advertising
Non- Broadcast Advertising
Is self-regulated

8. Broadcast Advertising Regulation Framework
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9. Broadcast Advertising is co-regulated
•
Government-approved regulatory and competition authority for the broadcasting, telecommunications and postal industries
•
Funded by the industry and grant in aid from the government
9

10. Broadcast Advertising is co-regulated
•
Independent regulator of advertising across all media
•
Funded by the advertising industry
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11. Broadcast Advertising is co-regulated
•
Ofcom has a statutory duty to maintain standards in broadcast advertising and delegates powers to the ASA
•
ASA is responsible on a day-to-day basis for broadcast advertising content standards:
•
Investigates complaints
•
Publishes adjudications
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12. The rules themselves are written by Broadcast Committee of Advertising Practice (BCAP)
•
BCAP is self-regulatory, and made up of representatives of advertisers, media owners, agencies and clearance bodies
•
Ofcom retains overall sign-off on major changes to the Code
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13. 13
Responsible in law
Investigates and Adjudicates
Makes rules

14. Ofcom have not delegated responsibility for decisions on
•
Political Advertising
•
Prohibited from UK Broadcast media by law (allowed on non-broadcast)
•Broadcast sponsorship
•due to sponsorship’s strong links with programming and editorial issues
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15. Preclearance and Clearcast

16. It is a condition of UK Broadcaster licenses that all advertising in broadcast media should not mislead, cause harm or offend
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17. And that broadcasters should therefore clear ads against the BCAP code prior to transmission
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18. Preclearance Bodies
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19. Clearcast is jointly owned by the UK’s 6 largest broadcasters

20. Clearcast 20
1. Check that claims can be substantiated, reviewing evidence
“The most environmentally-friendly car”
“No one is cheaper”
“Exclusive”

21. Clearcast 21
2. Check that scripts and finished commercials meet the BCAP rules, providing advice

22. Clearcast 22
3. Apply timing restrictions and scheduling information

23. For TV and Radio the ultimate responsibility for complying with rules lies with Broadcasters
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24. Some of the things Clearcast consider
•
Claims and Omission
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Harm and Offence
•
Denigration
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Context, eg charity
•
Specific rules, eg Alcohol
•
Superimposed Text

25. Restrictions
Post
11pm
Post 10pm
Post 9pm
Post 7.30pm
Ex Kids
Any time
L1
L2
L3
L4
L5

26. Scheduling – product categories
Gambling
Kids’ spin-off products
HFSS
Cert 15+
Film Trailers & Video Games
Slimming products
Licensed medicines
Condoms
San Pro
Alcohol
Products that receive automatic scheduling restrictions:

27. Info for broadcasters
Website
Supers
Nazi footage
Phone numbers
Guns
Explosions
Unidentified artists
Suitable for under 9s?
Competition mechanic
Codes give detail about ad content to help broadcasters schedule accordingly.

28. Clearcast in numbers
3,547
Registered users of our copy clearance system
35,646
Scripts submitted
65,091
TV Commercials submitted

29. 29
Responsible in law
Investigates and Adjudicates
Makes rules
Pre-clears TV ads
Advises on VOD

30. Responsible in law
Investigates and Adjudicates
Makes rules
Pre-clears TV ads
Advises on VOD
Licensees
(eg Broadcasters)
Advertisers
Broadcasters
Who
What
Funded by

31. Complaint
Defence
Draft Recommendation
Final Decision
ASA Investigation Process
Not Upheld
Upheld
or

32. 0.1%
Percentage of ASA upheld complaints against total ads viewed by Clearcast

33. The usual sanction for upheld complaints is being “named and shamed”. Ads must be withdrawn or amended.

34. The ASA can refer broadcasters to Ofcom for further sanctions if they feel it is necessary.
34
•
Fines
•
Licence Revocation

35. Non- Broadcast Advertising is:

36. Responsible in law
Investigates and Adjudicates
Makes rules
Pre-clears TV ads
Advises on VOD
Broadcast

37. Investigates and Adjudicates
Makes rules Provides copy advice
Non-Broadcast

38. Importantly, non-broadcast remit of CAP and ASA extends to:
38
•
banners,
•
pop-ups,
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Viral communications,
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sponsored search,
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marketing communications on companies’ own websites and
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other non-paid for space under advertiser’s control

39. Non-broadcast advertising is wholly self-regulated
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“CAP code” determined by advertisers, agencies and media owners
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No preclearance, but advertisers must hold evidence for claims they make
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ASA investigate and adjudicate on complaints.
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Ads must be withdrawn or amended following upheld complaints.
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“Name and Shame”. No fines but media owners may be warned about Advertiser.

40. Benefits of the system
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Easier for consumers
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Free to the taxpayer
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Simpler for advertisers
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Technology neutral and high standards for all approach
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Harmonious decision making across media
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Corporate social responsibility
Benefits noted by ASA

41. Useful links
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Ofcom
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ASA
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ASA Adjudications
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CAP and BCAP
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Basbof and Asbof
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Clearcast
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RACC
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CAA and BBFC 41