The commitment of the UK advertising industry makes self-regulation effective. This self-regulation happens in the offices of advertisers, agencies and media owners as industry executives ensure that the ads they commission, create and display comply with the industry’s own codes.
Here, three industry practitioners – an agency executive, a broadcaster and an advertiser– explain how the self-regulatory system impacts their work and why they support it.
Annabel Evans
Account Director, Rainey Kelly Campbell Roalfe Y&R
Having been in advertising all her working life, Annabel Evans is more than familiar with balancing a client’s demand for daring advertising against compliance with the advertising codes.
One of Annabel’s biggest clients is Virgin Trains. Because Virgin operate in such a competitive market and complaints are as likely to come from rivals as from consumers, she pre-vets all of their advertising with the CAP Copy Advice team. “It is a safer way. We are all worried about getting a complaint upheld. Bad press is detrimental to the brand. The codes are quite intricate and it is brilliant to be able to talk to CAP. Everyone is working towards the same goal of consumer confidence. I don’t think anybody wants to mislead consumers. I think the relationship between us and CAP benefits everyone.”
When in doubt, she checks the Code online. She says she feels comfortable calling Copy Advice to talk about a campaign in its early stages. “Sometimes it is better to chat with Copy Advice. Sometimes you just want a steer on what you can and can’t say. They are really helpful.”
When making breakthrough claims, there are inevitably times when she and her team at Rainey Kelly disagree with regulators. “Adverts can be read subjectively. What one person reads in an ad another person won’t. But we can have a good healthy debate. When you make a new claim, it can be frustrating when we feel that our substantiation backs up what we’re saying and someone else doesn’t. But we have a great relationship and we know when we are pushing the boundaries. I haven’t had the feeling yet that I’m banging my head against a brick wall!”
With the ASA working well, she sees no need for an alternative system of regulation. “If the Government regulated advertising I think they would be more heavy-handed. It could stifle creativity. I think the system we have works.” Her team at Rainey Kelly typically send over three or four advertisements every month but that number can rise to as high as 10 or 12 a fortnight as a campaign nears its launch. With the agency sending staff to the CAP offices for presentations, she is confident her colleagues are familiar with the CAP and BCAP Codes. “I have been to a few of the sessions and they are really useful. We also have IPA training courses and our own in-house lawyer.”
Barry Gooch
Head of Compliance, Teletext
Trust in advertising is vitally important to Barry Gooch at Teletext. The Head of Compliance says: “We believe that having controls on advertising is a good thing. Customer confidence is key. We must have the highest standards. With the codes, we have clear and transparent rules. And they’re important because, without them, in the long-term, consumers would lose confidence in advertising. That would be a bad thing for everybody. In short, advertisers would sell less.”
Like many companies, Teletext has internal guidelines and doesn’t hesitate to turn down ads. In the last year, the multi-media company has turned away 27 clients for not complying with either its own code or the BCAP Code. But Barry recognises that advertisers can get frustrated with the different codes for television, radio and print. “We understand the difficulty advertisers have trying to put one message across different media. They can do things in print that they can’t do on TV.”
Barry, who was part of the task force that established the co-regulatory system for broadcast advertising in 2004, says it is important that the rules exist and praises the ASA for its handling of the 11,000 broadcast complaints received every year. “The staff deserve recognition for the work they do. You have to trust their judgment. There are enormous numbers of complaints and they deal with them very well. The job is a tricky one. You are not going to please everybody if you are sanctioning them.
“The ASA does an important job. It is a true independent regulator.”
Kate Blakeley
Head of Social Responsibility, Diageo
When new rules for alcohol advertising were launched in 2005, many people expected them to be tougher to work with. As appropriate, there could be no appeal to under-18s and no link between drinking and social or sexual success. There were some concerns that the rules could be hard to interpret or that creativity would be stifled.
Now, more than two years on, companies such as Diageo feel comfortable with the rules and believe they continue to create exciting and memorable ads. Head of Social Responsibility, Kate Blakeley, says: “We have always been well aware that alcohol needs to be treated with care and it’s not the same as advertising shampoo.
“It is important that the rules don’t inhibit alcohol companies from marketing to young adults over 18. But we must just market responsibly and appropriately to this age group. I think the rules as they stand are fair and responsible. A recent report suggests that alcohol advertising is appealing less to under-18s. The alcohol rules in their current form seem to be working.”
Diageo, which markets 40 alcohol brands, has its own internal code of practice and regularly trains its staff in the advertising codes. Kate has called for a closer relationship between the ASA and advertisers when handling ads in controversial or high profile sectors.
“The consequences of a complaint are huge. To have a complaint upheld is really damaging to our reputation.”
Kate has found the Copy Advice team particularly useful. The team provides an opportunity to discuss the CAP Code at any stage of a campaign. “The team are clear in their guidance. It is tempting to want a definitive view from them, but in reality we know we will get thorough advice but that it won’t necessarily stop a complaint coming in.”
CAP Panels
The ASA and CAP Executive receive invaluable support from two industry Panels – the Sales Promotion and Direct Response Panel, which concentrates on sales promotions and direct marketing, and the General Media Panel, concentrating on all other marketing, media and related issues. Each Panel is composed of industry experts and one ASA Council member and meets three or four times a year.
The role of the Panels is to provide an unbiased opinion from an industry perspective and a forum for information exchange between the industry and the ASA and CAP. It can be an opportunity for marketers to have industry representatives review an aspect of an investigation and to feed into the decision-making process. Read more information about the Panels on the CAP website.
General Media Panel
Farah Ramzan Golant (Chair)
Stephen Allan
Tess Alps
Teresa Brookes
Carol Fisher
Peter Gatward
Gareth Jones
John Laidlaw
Caroline McDevitt
Andrew Melsom
Mike Moran
Steve O’Meara
Daniel Owen
Simon Rhodes
Gillian Wilmot
Sales Promotion and Direct Response Panel
Philip Circus (Chair)
Peter Batchelor
Mark Challinor
Jean Coussins
Mark Dugdale
Michael Halstead
Oliver Hickson
Caroline Roberts
Paul Whiteing
