A presentation for students Overview of UK Advertising Regulation

Notes for tutors On some slides the notes section contains extra information to help explain the role and purpose of the ASA in regulating ads. To supplement this presentation, you can refer to the ASA’s teaching resource Ad:Check - Understanding Advertising Regulation and the broadcast and non- broadcast Ad Banks available on the ASA website.ASA website For enquiries please contact

What’s covered 01Who regulates UK advertising? 02Why is advertising regulated? 03What does the ASA regulate? 04How ads are regulated? 05 Complaints about advertising 06 Advertising and young people

Who regulates UK advertising?

Advertising Standards Authority The UK’s independent regulator of advertising across all media. Takes action against misleading, harmful or offensive ads by applying the Advertising Codes. Responds to and investigates complaints about ads made by the public and advertisers. Also proactively identifies and tackles advertising issues.

Advertising regulation overview UK advertising is regulated through a mixture of: Self-regulation for non-broadcast advertising Co-regulation for broadcast advertising The advertising industry writes the Advertising Codes through the Committees of Advertising Practice (CAP). All advertisers must adhere to the advertising rules and abide by the ASA’s decisions. The ASA is recognised by the Government, other regulators and the courts.

Funding The ASA is funded by the industry through: 0.1% voluntary levy on ad spend, airtime and paid-for search charges 0.2% on the Royal Mail’s Mailsort and Advertising contracts Funding is collected by two separate boards of finance to guarantee the ASA’s independence.

Why is advertising regulated?

Making ads responsible The purpose of the ASA is to make advertisements responsible and its ambition is to make every UK ad a responsible ad. The ASA makes sure advertisers play by the same rules to create an environment where responsible ads can flourish. Because responsible ads are good for people, society and advertisers.

Responsible advertising is an essential part of modern life Provides consumers with value and choice Entertains, informs and educates Encourages social responsibility e.g. not drinking and driving Has economic value by funding media, sport and culture Helps consumers to trust and be confident in ads they see and hear

Discussion time: What is the point of advertising? Companies, charities and the government spent £17.8 bn on advertising spend for their products and services in But what does advertising do? Why do advertisers think it’s worth spending so much money on it? What benefits does advertising bring us? Are there any negatives attached to advertising?

What does the ASA regulate?

The ASA regulates: Magazines and newspapers TV and radio Television shopping channels Posters Cinema commercials Direct mail Internet ads Website marketing Ads in social media spaces Paid-for search ads Leaflets and brochures Sales promotions

The ASA does not regulate: Sponsorship Packaging Shop windows Telephone calls Fly-posting Private classified ads Statutory/public notices Press releases Political ads Online editorial

How are ads regulated?

The industry’s rule book The Advertising Codes* cover non- broadcast and broadcast advertising Written by the Committees of Advertising Practice, CAP (non-broadcast) and BCAP (broadcast) Sets standards that ensure that ads are responsible *The UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (The CAP Code) The UK Code of Broadcast Advertising (The BCAP Code)

The key advertising rules state that: Ads must not mislead Claims should be supported with evidence Advertisers should deal honestly and truthfully with consumers Ads should not offend Ads should be responsible The rules reflect legal requirements, but also contain additional protections for children and for certain products such as alcohol, food, health and beauty and gambling.

The journey of a complaint Complaint is made Anyone can make a complaint either online, telephone or

The journey of a complaint Does it qualify? Decision on whether the ad: Is within ASA’s remit Potentially breaks the advertising rules Requires investigation

The journey of a complaint ASA investigation An investigation carried out with the aim of an informal resolution For more complex issues a formal investigation is required

The journey of a complaint Decision time A draft recommendation whether to uphold the complaint is given to the ASA Council. The ASA Council decides whether to uphold complaint. Final rulings by the Council are published weekly on the ASA website If complaints are upheld, the advertiser must amend or withdraw their ad

ASA Council The ASA Council decides whether an ad has breached the Advertising Codes The 13-strong Council is made up of industry and non-industry figures Members have been chosen to collectively represent the perspectives of a wide cross-section of society

The journey of a complaint Enforcement If a complaint is upheld but the advertiser doesn't amend or withdraw its ad, the case is then passed to CAP for enforcement

Putting a stop to rule-breaking Our sanctions are: Adverse publicity from published rulings Media refusal Disqualification from industry awards Poster and press ad pre-vetting Withdrawal of trading privileges – including Mailsort Contracts Referral to Trading Standards / Ofcom for possible legal action

Putting a stop to rule-breaking We also have sanctions specifically for online advertisers: Removal of paid-for search advertising ASA paid search campaign highlighting non-complying advertiser Addition to the ASA’s list of non-compliant advertisers published on the website

Complaints about advertising

Complaints The ASA receives more than 30,000 complaints about advertising a year. About three-quarters of complaints we deal with are about misleading advertising.

Misleading advertising Ads must be obviously identifiable as being ads. Ads must not materially mislead or be likely to do so. Ads must not mislead the consumer by omitting material information. Advertisers must hold documentary evidence to back up those claims that a consumer can expect to be proven. What the Advertising Codes say:

Snickers (Mars Chocolate UK) – 2012 You’re not you when you’re

Burger King – 2010 Click here to play ad in fullhere

Discussion time: What are the limits? What Should advertisers be able to push boundaries using shock tactics? Do your views change according to who is using the approach? (Consider commercial companies selling products and services or charities promoting good causes.)

Harmful and offensive advertising Ads must not contain anything that is likely to cause serious or widespread offence. Particular care must be taken to avoid causing offence on the grounds of race, religion, gender, sexual orientation, disability or age. Ads must not cause fear or distress without justifiable reason; if it can be justified, the fear or distress should not be excessive. Ads must be prepared with a sense of responsibility to consumers and society. What the Advertising Codes say:

Drop Dead Clothing – 2011

Home Office – 2013

Diabetes UK – 2008

Discussion time: What are the limits? Advertising is a part of our lives. It can inform us, amuse us or help guide our choices. Given that advertising is all around us, it is perhaps no surprise that some advertisers will try to grab our attention by deliberately using shock tactics to startle us with graphic imagery or blunt slogans. Should advertisers be able to push boundaries using shock tactics? Do your views change according to who is using the approach? (Consider commercial companies selling products and services or charities promoting good causes.)

Advertising and young people

Advertising to children What the Advertising Codes say: Ads must not: contain material which could lead to social, moral, psychological or physical harm of children take advantage of children’s inexperience imply that a child would be inferior to others if they do not buy the advertised product mislead children about the capabilities of a product

no added sugar Ltd – 2010

Sexual imagery Over the year the rules designed to protect children have been significantly tightened in response to societal and political concerns about sexualised imagery in outdoor advertising. The ASA takes into account: the nature of the product advertised the context of the ad its location and medium, including size the audience and the likely response of that audience

American Apparel – 2012

Food advertising Ads must not: condone or encourage poor nutritional habits or an unhealthy lifestyle in children use promotional offers in an irresponsible way use ‘high pressure’ or ‘hard sell’ techniques use licensed characters or celebrities popular with children if ads are targeted directly at pre-school or primary school children give a misleading impression of the nutritional benefit of products

Swizzels Matlow – 2012

Alcohol Ads must not: encourage excessive drinking feature those who are, or appear to be, under the age of 25 place undue emphasis on alcoholic strength suggest that alcohol is a reason for the success of any personal relationship or social event link alcohol with seduction, sexual activity or sexual success have a strong appeal to those under the age of 18 years old show alcohol being handled or served irresponsibly

Hi Spirits – 2012

Gambling Ads must not: Portray, condone or encourage gambling behaviour that is socially irresponsible or could lead to financial, social or emotional harm Exploit the susceptibilities of children, young persons or other vulnerable persons Suggest gambling can be a solution to financial concerns or personal problems Link gambling to sexual success

Betfair – 2009

Discussion time: Young people as consumers There are strict rules on advertising aimed at children and young people. The ASA makes sure that ads targeted at or are likely to be seen by children don’t contain anything that is inappropriate or harmful and also ensures that young adults are protected. Is this necessary? Should there be more rules?

Thank you Advertising Standards Authority Mid City Place, 71 High Holborn London WC1V 6QT Telephone