Repeat Offenders

If advertisers continue to place ads that break the Code or seem to be deliberately refusing to work within the self-regulatory system, we take repeat offender action against them. In deciding whether to take action, we look at the advertiser’s compliance record: how many formal or informal investigations the ASA has undertaken against them, how many breaches the ASA or CAP has found and whether they have been using the CAP copy advice service and following the advice given. The action we take depends on the number, nature and severity of the Code breaches. We might request a written assurance that the advertiser will act to improve its compliance record or we might request a meeting with an advertiser to discuss possible remedies to specific problems or to offer advice about future ads. In extreme circumstances, we might ask for an advertiser to seek advice from the Copy Advice team before publishing future ads. We took repeat offender action against 23 advertisers in 2005. Only one of those advertisers was required to have advertising material seen by the Copy Advice team before publication.