ASA

1. Lauren Allard
PR4: Regulation and its Impact on Content
PR4: Regulation and its Impact on Content
In this report I will be looking into what the ASA (Advertising Standards Authority) does and
the codes that they have, that their marketers/clients have to follow. I will also include a list
and definition of the codes that the company provides. And also I will provide an example of
some of the advertisements that the ASA has had complaints about and how they handled
the issue.
Any advertisement has to abide by a code of advertising and work with the Advertising
Standards Authority.
https://www.asa.org.uk/ - ASA website
ASA also known as The Advertising Standards Authority is the regulator for advertising
across all forms of media. They have a code that all advertising companies have to go by in
order to keep their advertisements on all/selected forms of media. They have the power to
publish advertisements, and also remove them from any form of media due to their codes
being broken. They make sure that the public is protected from certain type of content,
during certain hours of the day and to protect them from harmful or offensive content in
general.
For TV and Radio advertising, ASA regulate under a contract from OfCom. The UK
advertising regulatory system is a mixture of: Self-regulation for non-broadcast advertising
and also Co-regulation for broadcast advertising. This means that the system is paid for by
the industry, the same industry that writes the rules. However, those same rules are
independently enforced by the ASA themselves.
The UK Advertising Codes are written by two industry committees: the committee of
advertising practice writes the UK Code of Non-Broadcast Advertising, Sales Promotion and
Direct Marketing and the Broadcast Committee of Advertising Practice (BCAP) writes the UK
Code of Broadcast Advertising.
https://www.cap.org.uk/Advertising-Codes/Broadcast.aspx - Advertising Codes
Introduction: Contains definitions of Key terms used in the code. E.g. ‘Broadcasters’,
‘Audience’ etc. Also contains background information on the legal frame work for broadcast
advertising regulation.
The Codes Definitions and Key Terms
01: Compliance Information about pre-clearance. Rules
relating to social responsibility and legality.
It also spells out that the ASA applies the
Code in the spirit, as well as the letter.

2. Lauren Allard
PR4: Regulation and its Impact on Content
02 Recognition of Advertising: Separation rules and content rules to
ensure that ads are not mistaken for
editorial.
03 Misleading Advertising: A key and extensive section of the Code,
containing rules such as substantiation
(evidence to prove claims); pricing; the use
of the word ‘free’; availability of products,
comparisons, testimonials and more
04 Harm and Offence: Rules to ensure that ads do not cause harm
or serious or widespread offence. Including
rules relating to loudness of TV ads; shock
tactics, unsafe practices and photosensitive
epilepsy.
05 Children: Rules that must be followed if directing ads
at children or featuring them. Includes
rules about unsafe practices and unfair
pressure; pester power and sales
promotions for children.
06 Privacy: Rules about permissions for depicting – or
referring to – living persons in ads,
including members of the public and those
with a public profile.
07 Political and controversial matters: Ban on political advertising, including
definitions on what is considered political.
08 Distance Selling: Rules governing marketing communications
that allow readers to place orders without
face-to-face contact with the seller. Covers
cancellation and refunds.
09 Environmental Claims: Rules about making ‘green’ claims for
products or services. Rules cover evidence,
the clarity of claims and ‘life cycle’ of
products.

3. Lauren Allard
PR4: Regulation and its Impact on Content
10 Prohibited Categories: Lists products and services that are not
permitted to be advertised on TV and Radio
at all.
Marketing communications must comply with the Code. Primary responsibility for observing
the Code falls on marketers. Others involved in preparing or publishing marketing
communications, such as agencies, publishers and other service suppliers, also accept an
obligation to abide by the Code.
The full name and geographical business address of the marketer must be given to the ASA
or CAP without delay if requested. Any unreasonable delay in responding to the ASA’s
enquiries will normally be considered a breach of the Code. Marketers should deal fairly
with consumers. All marketers/advertisers have to follow the codes that are listed above,
when advertisers fail to follow the codes that the ASA and OfCom have provided, the
advertisement and also the advertiser have to go under an investigation by the ASA, before
they can make their final decision. The advertisements that are shown on TV and radio
today are less explicit and are more appropriate compared to advertisements that were
shown in the past. In the past all of the codes above didn’t exist, advertisers could include
anything in their advertisement and would get away with it all. Advertisements could
include smoking, excessive drinking and also a lot of sexist remarks. Neither of these things
are allowed to be included in advertisements that are broadcasted today, in the past they
wanted to promote smoking, this was before the damages of smoking was recognized.
Offensive content could be shown at all times, where’s now the company who broadcasted
and created an offensive advertisement could get their advert banned to make sure that it
would not offend any members of the pubic. This is why advertisers have to comply with the
code, to make sure that no one gets offended and that there is no inappropriate content is
provided, during daytime hours. Even after 9pm advertisements are still not as
inappropriate, due to the codes that the advertisers and marketers have to follow.
The ASA allow members of the public to submit any complaint through their website, over
the phone or to write to them. If anyone wishes to raise multiple points of complaint, they
have to focus their concerns and limit their complaint to what they feel are the three most
important issues. If the ASA decide to proceed with a formal investigation, they will
investigate a maximum of three points in most cases, in line with the ASA’s commitment to
focus its resources in the most impactful way.
The names of those who make a complaint are kept confidential from the advertiser, unless
you are asking the ASA to have your name taken off a mailing list of the complaint is from an
individual, competitor or organization with obvious interest in the outcome of the
complaint. (Such as consumer bodies and pressure groups). They will give the one who
made the complaint the name of the person who will handle the case and be their point of
contact. The ASA will assess the complaint against the Advertising Codes and, if it is clear the
Codes have not been breached, they’ll let you know.
Advertisers making a complaint about another advertiser will be required to provide
evidence that they have tried to resolve their complaints with their competitor before the

4. Lauren Allard
PR4: Regulation and its Impact on Content
ASA will agree to take on the complaint.
Advertisements can also be banned, even if the ASA have only received one complaint
about the advert. If the codes are being broken and the ASA agree with the complaint being
made the banning of the advertisement can take place.
In general, competitors will need to follow these steps:
● A competitor who wishes to make a complaint should raise their concerns with the
advertiser, ideally by registered post, or by another means of communication which
will guarantee swift receipt. The complaint must provide an appropriate degree of
detail in relation to the claimand medium in which it appeared, together with the
factual basis for the complaint.
● The complaint should, ordinarily, be signed or authorized by suitably authorized
senior officer of the competitor complaint (e.g. CEO, Legal, Marketing or Regulatory
Director), who takes responsibility for the accuracy of its content, and should be
addressed to a senior officer or other appropriate contact of the advertiser.
● If the complaint is about an on-line marking communication, the competitor who
complains should obtain a screen shot of the page or pages that relate to the
complaint or otherwise secure a cached copy of the website.
● The competitor complainant should allow five working days for a substantive
response. If, at the end of this period, the advertiser has not opened a substantive
dialogue or the parties cannot reach an agreement, the complaint may then submit
a complaint to the ASA.
● The final step is when submitting the complaint to the ASA, a copy of the registered
letter setting out the concerns should be submitted, with a copy of the complete
response (if any) from the advertiser. If you intend to raise multiple point of
complaint, please focus your concerns and limit your complaint to what you feel are
the three most important issues. The ASA will investigate a maximum of three points
in most cases.
Trading Standards Referrals
1. Case No.3: “Attitude Holidays”
There was claims on a website, for a travel agent, in April 2011, stated “Attitude Holidays
Ltd has been an IGLTA member since 2009 and prides itself on offering value for money
services at the high-end of the gay travel market”.
The issue with the Holiday website was that Mantrav International Group challenged
whether the claim“Attitude Holidays Ltd has been an IGLTA member since 2009” was
misleading and could be substantiated.
Attitude Holidays Ltd did respond with a submitted documentation that they said
demonstrated that they had been a member of the IGLTA since 2009.
The action that was taken by the ASA meant that the ad must not appear again in its current
form. The ASA told Attitude Holidays not to state that they were an IGLTA member, until
such time as they were a member and held documentary evidence of their current
membership.
Number of Complaints: 1
2. Beyoncé Heat Fragrance Advertisement
Ad: A promotion for Beyoncé’s first fragrance ‘Heat’, showed Beyonce in revealing clothing.

5. Lauren Allard
PR4: Regulation and its Impact on Content
Using Beyonce herself as a persuasive technique. And also to show that the product is her
own.
The ASA received a total of eight complaints from different members of the public, most
stating that the advertisement was too Sexual and there was too much Nudity and that they
thought that the advertisement was too inappropriate for the viewing of young children.
ASA changed the time of the viewing for this advertisement, and they also told the company
that aired that advert that it will be set to be viewed, at a later time of day after 9pm
making it less likely for any children to view.
Category: Sexual Content/Nudity
Number of Complaints: 8
3. Sony Computer Entertainment UK Advertisement
Ad: A promotion, administration on a social network, offered the first 100 entrants the
opportunity to purchase a limited edition PlayStation 4 games console (PS4), and five
random entrants the opportunity to win the same console.
Six complaints, who understood that details of the winners had not been published, and
that the promotion’s terms and conditions had been breached in a number of ways,
challenged whether it had been administered fairly.
ASA told Sony Computer Entertainment UK Ltd and Game Retail Ltd to ensure that future
promotions were administered fairly and avoided causing unnecessary disappointment to
participants.
Category: False Advertising
Number of Complaints: 6
The advertisements above were removed from the internet, TV or Radio due to the
complaints that the ASA had received. It is clear from the advertisements above that the
advertisers did not 100% comply with the codes that the ASA and OfComprovide.