Regulatory Bodies

What does ASA do?

The Advertising Standards Authority is the UKs independent regulator of
advertising across all media.
We apply the Advertising Codes, which are written by the Committees of
Advertising Practice. There work includes acting on complaints and proactively
checking the media to take action against misleading, harmful or offensive
advertisements.
Advertising Standards Authority is the UKs independent regulator of advertising
across all media.
We apply the Advertising Codes, which are written by the Committees of
Advertising Practice. There work includes acting on complaints and proactively
checking the media to take action against misleading, harmful or offensive
advertisements.
How is ASA funded?
The ASA is funded by advertisers through an arms length arrangement that
guarantees the ASAs independence. They receive no Government funding and
therefore their work is free to the tax.
How does regulation work?
They judge an ad to be in breach of the UK Advertising Codes, it must be
withdrawn or amended and the advertiser must not use the approach again. In
2012 they considered 31,298 complaints about 18,990 cases and they actively
checked thousands of ads. Their work led to 3,700 ads being changed or
withdrawn. As well as acting on complaints, they carry out many other regulatory
activities to make sure advertising stays within the rules. For example, the ASA
actively checks ads in all media and regularly conducts surveys of
advertisements published by sectors where there is either unsatisfactory
compliance with the Codes or where there are societal concerns about that
sector
What sanctions do the ASA impose?
The majority of sanctions for non-broadcast advertising are co-ordinated through
CAP, whose members are trade associations representing advertisers, agencies
and media. There are several CAP sanctions, which can be employed in different
circumstances:

Ad Alerts
- CAP can issue alerts to its members, including the media, advising them to
withhold services such as access to advertising space.

Withdrawal of trading privileges

- CAP members can revoke, withdraw or temporarily withhold recognition and
trading privileges. For example, the Royal Mail can withdraw its bulk mail
discount, which can make running direct marketing campaigns prohibitively
expensive.

Pre-vetting

- Persistent or serious offenders can be required to have their marketing

material vetted before
publication. For example, CAPs poster industry members can invoke mandatory
pre
-vetting for advertisers who have broken the CAP Code on grounds of taste and
decency or social responsibility

The pre-vetting can last for two years. Sanctions in the online space
CAP has further sanctions that can be invoked to help ensure marketers
claims on their own websites, or in other non-paid-for space under their control,
comply with the Codes.
UK CODE OF NON-BROADCASTING ADVERTISING (CAP CODE)
WHAT THE CODE APPLIES TO

Advertisements in newspapers, magazines, brochures, leaflets, circulars,

mailings, e-mails, text transmissions (including SMS and MMS), fax
transmissions, catalogues, follow-up literature and other electronic or printed
material.

Posters and other promotional media in public places, including moving images.

Cinema, video, DVD and Blu-ray advertisements.

Advertisements in non-broadcast electronic media, including but not limited to:

online advertisements in paid-for space (including banner or pop-up
advertisements and online video advertisements); paid-for search listings;
preferential listings on price comparison sites; viral advertisements (see III l); ingame advertisements; commercial classified advertisements; adver games that
feature in display advertisements; advertisements transmitted by Bluetooth;
advertisements distributed through web widgets and online sales promotions and
prize promotions.

Marketing databases containing consumers personal information.

Sales promotions in non-broadcast media.

Advertorials.

Advertisements and other marketing communications by or from companies,

organisations or sole traders on their own websites, or in other non-paid-for
space online under their control, that are directly connected with the supply or
transfer of goods, services, opportunities and gifts, or which consist of direct
solicitations of donations as part of their own fund-raising activities
WHAT ARE THE CENTRAL PRINCIPLES OF THE CODE?

The central principle for all marketing communications is that they should be
legal, decent, honest and truthful. All marketing communications should be
prepared with a sense of responsibility to consumers and society and should
reflect the spirit, not merely the letter, of the Code.

WHAT ARE THE BASIC RULES OF COMPLIANCE FOR THE CODE?

Marketing communications should be legal, decent, honest and truthful.

Marketing communications must reflect the spirit, not merely the letter, of the
Code.

Marketing communications must be prepared with a sense of responsibility to

consumers and to society.

Marketers must comply with all general rules and with relevant sector-specific
rules.

No marketing communication should bring advertising into disrepute.

Marketing communications must respect the principles of fair competition

generally accepted in business.

Any unreasonable delay in responding to the ASAs enquiries will normally be

considered a breach of the
Code.

The full name and geographical business address of the marketer must be given
to the ASA or CAP without delay if requested
WHAT ARE THE BASIC RULES OF COMPLIANCE FOR THE CODE? (SIDE 2)

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.

Rules in Appendix 3 apply only to third parties as defined. If the ASA is unable to
identify the relevant third party, the advertiser - on behalf of whom the OBA
advertisement is delivered to web users - must, in good faith, co-operate with
the ASA to help determine the identity of the third party.
Marketers should deal fairly with consumers.
LIST ALL DIFFERENT SECTIONS OF ADVERTISING WHICH THE CODE COVERS

Preface
Information about the industry committee (CAP) that writes the Code and why
theyre committed to high standards in marketing communications.

Scope of the Code

What the Code does and does not apply to. How the ASA assesses ads, including
targeting and audience.

01 Compliance
Rules relating to social responsibility; legality and fair competition. It also spells
out that the ASA applies the Code in the spirit, as well as the letter.

02 Recognition of marketing communications

Rules about making sure material is clearly identifiable as marketing
communications / advertisements / advertorials.

Misleading advertising
A key and extensive section of the Code, containing rules such as substantiation
(evidence to prove claims); pricing; the use o
f the word free; availability of products, comparisons, testimonials and more.

Harm and offence

Rules to ensure that ads do not cause harm or serious or widespread offence.
Includes rules relating to shock tactics, unsafe practices and photosensitive
epilepsy.

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.

Privacy
Rules about depicting members of the public; referring to people with a public
profile; implying endorsement and the Royal Family.

Political advertisements
Clarification of when the Code applies to political advertisements.

Sales promotions
an important section about promotions (e.g. competitions, prize draws, instant
wins, front page flashes, charity promotions etc) and incentive schemes. The
rules cover the administration of the promotion, as well as the publicity.

Distance selling
Rules governing marketing communications that allow readers to place orders
without face-to-face contact with the seller. Covers cancellation; fulfilment of
orders and refunds.

Database practice
a crucial section for anyone doing direct marketing and collecting or using
customer information. Covers consent (opt in and opt out), retention of
information and suppression requests
LIST ALL DIFFERENT SECTIONS OF ADVERTISING WHICH THE CODE COVERS(SIDE 2)

Environmental claims
Rules about making green claims for products or services. Rules cover
evidence, the clarity of claims and life cycle of p
roducts.

Medicines, medical devices, health-related products and beauty

products
a high level of scrutiny is applied to marketing communications for such
products or treatments. These rules cover evidence levels

(very high levels needed for medicinal claims); suitable qualifications for those
claiming to treat; medicines rules; herbal and homeopathic product rules;
cosmetics and hair growth / loss.

Weight control and slimming

Rules for ads for weight control, slimming foodstuffs and aids, including exercise;
diets, clinics and medicines. Rules cover the targeting of ads as well as the
content.

Financial products
Rules for financial marketing communications that are not regulated by the FCA
or Trading Standards.

Food, food supplements and associated health or nutrition claims

Rules relating to health and nutrition claims in foodstuffs; claims for vitamins
and minerals; infant and follow on formula and food and soft drinks marketing to
children.

Gambling
Social responsibility rules for gambling and spread betting. The rules cover
content and targeting are designed to protect under 18s and the vulnerable.

Lotteries
Social responsibility rules that apply to lotteries (including The National Lottery;
Gambling Commission licensed lotteries and locally registered lotteries)

Alcohol Social
responsibility rules for alcoholic drinks. The rules cover content and targeting are
designed to protect under 18s and the wider population.

Motoring
Social responsibility rules for motor vehicles, covering safety, speed and
irresponsible or anti-social driving behaviours.

Employment, homework schemes and business opportunities

Rules that require clarity of the nature of employment and business
opportunities, including display of earnings and any commitments required from
consumers. Section covers employment agencies, homework schemes, business
opportunities, vocational training and instruction courses.

Tobacco, rolling papers and filters

Rules to prevent promotion of smoking via ads for non-tobacco products.

Electronic cigarettes
Rules that apply to the marketing communications for electronic cigarettes and
related products

LIST ALL DIFFERENT SECTIONS OF ADVERTISING WHICH THE CODE COVERS(SIDE 2)

How the system works

A full description of how advertising regulation works and the role of the
Advertising Standards Authority, CAP and its funders. Information on the
Independent Review procedure (of ASA adjudications.)

History of self-regulation
Details of how advertising self-regulation developed from the 1880s to today.

Appendix 1 - The CPRs and BPRs

Rules relevant to advertising carried on video on-demand services regulated by
Ofcom.

Appendix 2 - Advertising rules for on-demand services regulated by statute

Rules relevant to Online Behavioural Advertising.

Appendix 3 - Online behavioural advertising Rules

relevant to Online Behavioural Advertising