What we do
The work of the ASA includes handling over 13,000 complaints a year and dealing with more than 13,000 general queries. The volume of complaints is anticipated to increase with the addition of Broadcast regulation and as the public becomes more aware of this “one stop shop” for complaints.
However, the Authority places equal emphasis on monitoring compliance in order to pre-empt problems within specific areas and its Compliance team spot-checks press advertisements every week.
In order to ensure it remains in touch with public opinion, the ASA also commissions independent research into matters of taste and decency. Its public and industry awareness programme involves conducting industry training seminars, regional consumer conferences, and promoting self-regulation and consumer awareness through a busy press office.
An effective range of sanctions underpins the success of the ASA in maintaining high standards. The Authority’s adjudications are published weekly on the ASA’s website which generates a high volume of adverse publicity for advertisers who mislead or offend and also encourages high compliance rates with the codes. If an advertisement breaks the rules, the Authority asks the advertiser to withdraw or amend it. In the overwhelming majority of cases, advertisers comply immediately with such a request. If they do not, media owners will invoke their standard terms and conditions of business and refuse further advertising space. Advertisers and their agencies may also jeopardise their membership of trade organisations, as well as the financial incentives attached, if they persistently break the advertising codes. Advertisers whose posters breach the Non-broadcast Code’s rules on taste and decency or social responsibility may also be required to pre-vet all poster advertising through CAP Copy Advice for up to two years.
In the future TV and radio advertising will continue to be pre-cleared before broadcast by the existing broadcast clearance centres: the BACC and RACC.
Broadcasters will continue to remain licensees of Ofcom and as such it is a condition of their licences that all advertisements comply with the relevant advertising codes. Their licences will also require them to co-operate with the ASA.
For non–broadcast advertising a legal backstop also exists to deal with the rare occasions when the ASA is unable to prevent a misleading advertisement from reappearing. We can refer the case to the Office of Fair Trading, which can seek an injunction to prevent misleading claims from being repeated. Broadcasters who fail to co-operate with the ASA will be referred to Ofcom for sanctions that may include a fine, a warning about possible revocation of licence, or ultimately, termination of the licence.