Public backs ASA to handle broadcast ad complaints

15 October 2004

A decision is expected shortly from the new single regulator for broadcasting and telecommunications, Ofcom, on proposals for a 'one-stop shop' for advertising standards. The plan for effective self-regulation of advertisements across broadcast and non-broadcast media could see a 'co-regulatory partnership' between Ofcom and a new complaints and standards regime 'under the banner of the ASA'.

Ofcom took over responsibility for TV and radio ads last year and it has been consulting on its plans since last October. A new code owning body, BCAP, would take over the existing TV and radio advertising codes, but Ofcom would have to agree any subsequent changes. Consumer and industry complaints would be investigated by ASA(B), a separate entity within the ASA. The system would be funded by a levy on TV and radio ads. Ofcom would remain the backstop regulator and broadcasters would be bound by their licences to ensure that the codes are obeyed and that the ASA writ runs across TV and radio as well as non-broadcast advertising. But non-broadcast advertising would stay independent of Ofcom in all respects.

A 'one-stop shop' approach would be better able to keep abreast of developments in new media. It is not always easy to categorise advertisements on digital platforms as either broadcast or non-broadcast. Consumers are confused and do not know where they go to raise concerns about misleading or offensive advertising. In the first quarter of 2004, the ASA had to turn away 1,625 complainants who were objecting to TV or radio ads. At present, these are not the ASA's responsibility.

There is more background to the 'one stop shop' proposal online. You can view responses to the Ofcom consultation at www.ofcom.org.uk. The background to the proposal is explained on an industry website www.adconsult.info, and there's more information on the ASA site itself - showing that self-regulation is by no means soft regulation. See www.asa.org.uk.

If the Ofcom Board decides to proceed with the 'one stop shop' plan, the next step will be parliamentary consideration of an Order under the Deregulation and Contracting Out Act. If Parliament gives the go-ahead before the Summer Recess, the new system could be in place in October this year. But there would be a lot to do at the ASA to implement one of the biggest changes in its 40 year history!