Inside Investigations

28 October 2005

Working in Investigations can sometimes seem like the most pressurised job in the ASA.  As the name implies, our role is to investigate the complaints that are sent in - assessing advertisers’ responses and evidence, and drafting the reports that will eventually become ASA adjudications and get published on our website.

Not all of the complaints that are sent to the ASA will end up with one of the four investigative teams. Only those cases where it is considered that the complaint is justified, and that either the advertisers should explain the rationale for their ad, or they need to prove any claim they have made, are passed to us.

We may find ourselves dealing with sole traders, who have little, if any knowledge of the advertising codes or a huge multi-national business, all too familiar with the investigative process.  No matter the size, the advertiser’s responsibilities are the same; they need to be able to justify their use of an advertising approach, and must be able to prove the claims that they make.

Sometimes all it takes to resolve a complaint is a quick phone-call or e-mail to the advertiser.  If we can reach an agreement with an advertiser about how an ad can be amended to remove the risk of it misleading, we may close the case “informally” – they provide us with a written assurance of the agreement made and no report on the matter is published, though the advertiser’s name will be listed on the ASA website. However, not all cases are so easily resolved. Indeed, some can be so complex that we may need to consult with a suitable expert to evaluate the evidence that has been sent for us.

Once all the evidence has been gathered a recommendation report is written – this is our recommendation to the ASA Council about whether or not the complaint should be upheld. Before sending that report to the Council, it is sent to the advertisers and complaints for their comment so another bout of letter writing on both sides, with more evidence being submitted, may ensue. Once this process is completed we can then let Council decide. Whilst ensuring that we deal fairly with both the advertisers and complainants, we also need to ensure that investigations are completed in a timely fashion.

Of course, we always think that we’ve made the correct recommendation, but Council doesn’t always agree with our position. Ultimately, it is the Council that decides whether advertising is in line with the advertising codes, and we, like the advertisers and complainants, have to accept their decision.  Once this is known, we write to all involved to let them know the final adjudication and then the case is closed.

This is the job of the ASA Investigations Executive: arbiter, assessor, diplomat, and writer. And due to the wide variety of advertising that falls within the ASA remit, the Investigations Executive has a huge knowledge base – who’d have thought that I’d become an expert in cavity ties or dehumidifiers?!