The Advertising Standards Authority (ASA) regulates advertising in the UK to ensure ads are truthful, honest and comply with their advertising codes. The ASA handled over 31,000 complaints in 2011, ruling that around 15% of ads complained about had to be amended or withdrawn. While the ASA aims to effectively regulate the industry, their rulings can sometimes be variable and sanctions are generally weak, consisting of requiring changes to ads rather than fines. Overall, the system seeks to balance regulation with reasonable advertising but some question how effective it is at policing all forms of modern marketing communications.
9. The ASA
• The Advertising Standards Authority ensures
that adverts are legal, decent, honest and
truthful and that they do not mislead, harm
or offend and are socially responsible.
Simples!
12. Pre-regulation
1965 advertising of
cigarettes is banned on TV.
2003 the ‘Tobacco
Advertising and Promotion
Act’ came into force,
prohibiting the advertising
and promotion of tobacco
products.
Misleading
18. Advertising today
• What makes people complain about ads?
• In 2011 the ASA handled 31,458 complaints
about 22,397 ads.
• They ruled 4,591 had to be changed or
withdrawn.
• What do you think people complain about?
22. Context: Youtube
What was the
complaint made to
the ASA?
The Advertising Codes require that
ads should not be likely to be of
particular appeal to children or young
persons, especially by reflecting, or
being associated with youth culture...
23. Context: Youtube
What was the
complaint made to
the ASA?
The Advertising Codes require that
ads should not be likely to be of
particular appeal to children or young
persons, especially by reflecting, or
being associated with youth culture...
Complaint
upheld
(advert
banned).
24. Context – A pop-up ad on a
website in paid-for ad space.
Advert for a ring tone
featuring the American
ventriloquist, Jeff
Dunham, with his
dummy, “Achmed, the
Dead Terrorist”. The
ringtones used some of
the phrases from Mr
Dunham’s act,
including, “Silence! I kill
you!”, “Stop touching
me” and “Knock, knock.
Who’s there? Me. I kill
you.”
What was the complaint?
25. Context – A pop-up ad on a
website in paid-for ad space.
Advert for a ring tone
featuring the American
ventriloquist, Jeff
Dunham, with his
dummy, “Achmed, the
Dead Terrorist”. The
ringtones used some of
the phrases from mr
Dunham’s act,
including, “Silence! I kill
you!”, “Stop touching
me” and “Knock, knock.
Who’s there? Me. I kill
you.”
A viewer challenged whether the
ad was offensive because it was
racist towards Muslims.
The ASA noted that at no time did
the ad make any reference to
terrorism or the Islamic faith, and
therefore concluded the ad was
unlikely to cause serious or
widespread offence.
Not
upheld
65. Department of Health (2007)
The ASA received 774 complaints about
this anti-smoking TV and poster campaign.
The ASA ruled that the adverts were
suitable to be seen by adults, but not by
children.
The advertiser had to take steps to ensure
the adverts would not be seen by
children.
66. Moving Image
• This is one of the most complained about ads
in recent history!
• 1,089 viewers complained.
• Why?
67. Paddy Power
• 220 people complained it was offensive to blind
people.
• 1070 complained that it might encourage cruelty to
animals.
• The ASA decided the complaints were not upheld.
No breach of rules regarding likelihood of causing harm
or offence, did not encourage or condone violence or
cruelty, would not cause serious distress, didn’t show
harmful or negative stereotypes.
68. Paddy Power plc – July 2010
Not upheld
The ASA said it was not offensive in itself to create an
advert referring to people with a disability.
Paddy Power said it featured an action “so unlikely that
it was absurd”.
Paddy Power said the advert did not show the cat being
kicked or suffering any violence or cruelty. It was clearly
and deliberately shown to be unharmed at the end of
the item.
Paddy Power had chosen a blind football match to
promote a lesser-known sport – the World Blind Football
Championships were going to take place in 2010.
Paddy Power produced a letter of support from the
manager of the England Blind Football Team.
All the players in the ad were actual blind football players,
many of whom had represented the national side.
69. The ASA’s final decision was:
1. The action in the ad would be interpreted by most
viewers as a humorous depiction of a fictional situation,
with the humour derived from surreal and improbable
circumstances, when an unforeseeable and accidental
action occurred.
2. It was unlikely to be seen by most viewers as malicious
or implying that blind people were likely to cause harm
to animals whilst playing football.
3. The ad was unlikely to be seen as humiliating,
stigmatising or undermining to blind people and was
unlikely to cause serious or widespread offence.
72. So, regulation...
• What is the ASA?
• What is CAP?
• What is Admark?
• What’s Ofcom’s role?
• What’s Clearcast?
• How effective is the ASA?
73. General regulation info:
• Formed in 1962, the ASA is the watchdog.
• CAP draws up the codes.
• The ASA decides if adverts breach the codes.
• Admark was set up in 2000 (as part of the
ASA) to monitor advertising on the internet.
• Ofcom is still ultimately responsible for
TV/Radio ads.
74. Complaints
• The ASA investigate.
• If the complaint is ‘upheld’ then the advertiser
is required to remove/amend the ad. They are
prohibited from using similar approaches in
future marketing.
• The ASA promotes itself as highly effective,
however sanctions are weak and compliance
variable.
75. Sanctions
• Possible sanctions are trading restrictions, withdrawal
of financial benefits and derecognition. The ASA have
no powers to fine or take legal action.
• Advertisers risk having expensive campaigns pulled,
but the campaigns have usually finished before adverse
adjudications are made.
• One of the ASA’s principal tools is negative publicity in
the media or on its website, however some marketers
use this to generate publicity for shock ads; to amplify
campaigns or to promote their defiance (eg fcuk
flouting the ASA’s ruling from 1997 to 2004).
76. Legal stuff
• On the other hand, the system is underpinned
by ‘backstop’ legal powers: advertisers can be
referred to the Office of Fair Trading and
broadcasters can be referred to Ofcom. Failure
to comply can result in fines or imprisonment.
• In 2007, there were 24,192 complaints about
14, 080 ads. Only 2, 458 were changed or
withdrawn.
77. Pre-clearance
• ‘Clearcast’ checks ads on behalf of TV
broadcasters (before they are aired).
• ‘Radio Advertising Clearance Centre’ checks radio
ads.
• There is no pre-clearance for internet ads.
• The CAP code applies to internet adverts in paid-
for space (eg banners, pop-ups, on-line sales
promotions). This means the ASA rejects the
majority of complaints as they are outside its
remit. Handy.
78. • Using specific examples, discuss how
effectively the advertising industry is
regulated.
• Have a look at www.cap.org.uk and www.asa.org.uk
• Make sure you are familiar with the work of these 2
organisations.
• Check out the ‘rulings’ tab on the ASA website.
• Review your class notes.
• Write something amazing.
Editor's Notes
This was 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. We added our own challenge because we understood that Annette Obrestad was 20 years old.
Although we understood the ad had been targeted at those who had confirmed they were over 18, we noticed 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). We also noted the ad contained the line “Online experience is measured in games, not years”, which we considered could encourage young people to gamble.
The Advertising Code states that no-one under 25 (or who looks under 25) should be featured playing a significant role in a gambling marketing communication. Because Annette was 20, and looked considerably younger and because she played a significant role in the ad, we concluded the ad breached the Code.
For the details of the full ruling, see: http://www.asa.org.uk/ASA-action/Adjudications/2009/9/Betfair-Ltd/TF_ADJ_46921.aspx
