Complaints and investigations

We take all complaints seriously and assess them against the UK Advertising Codes. We do not make decisions based solely on the number of complaints an ad receives – a single complaint can be enough for us to take action if there appears to be a problem under the rules.

We accept complaints from both the public and the industry. We protect the anonymity of members of the public who complain to us unless there is a good reason to reveal their details and we have their permission to do so (for example, if they want their name removed from a mailing list). If a complaint is made by someone acting in an official capacity – for example, on behalf of a competitor – we will require their organisation to be identified.

Complaints are assessed using our prioritisation principles to help determine the most appropriate course of action. Under these principles, we consider:

  • what harm or detriment has occurred or might occur
  • the likely risk of action versus inaction
  • the likely impact of our intervention
  • what level of resource would be proportionate to the problem being addressed

We will contact the advertiser whenever a complaint suggests that an ad may have broken the rules, but we do not formally investigate every case.

Around 80% of complaints do not raise issues under our rules, allowing us to resolve matters without taking further action against an advertiser.

How long does the process take?

We try to resolve complaints as quickly as possible, while ensuring our investigations and decisions are thorough and robust.

Straightforward complaints that do not raise issues under the rules can sometimes be resolved within a few days. Where we need to contact an advertiser, timescales will depend on the complexity of the issues and whether the advertiser agrees to amend or withdraw the ad without the need for a formal investigation.

A small number of particularly complex cases can take six months or more to complete – for example, where independent experts are needed to assess evidence.

Communication during the process

Our Complaints Team will first assess whether the issue you have raised falls within our remit. We will then assess the complaint against the advertising rules, using our prioritisation principles to help determine what action to take.

We will let you know if:

  • your complaint raises a potential issue under the Codes
  • we decide to investigate further under our formal procedures
  • your complaint is referred to the ASA Council for a view on whether further investigation is needed

Otherwise, we will keep a record of your concerns and use them to help inform our wider regulatory work, but you may not receive further updates beyond an acknowledgement that we have received your complaint.

Multiple complaints

A large number of complaints about an ad can indicate that there may be an issue we need to investigate. However, we also need to avoid being unduly influenced by coordinated complaint campaigns, such as online petitions or large volumes of complaints generated from template emails.

This may mean we are unable to respond individually to everyone who contacts us. However, if we identify a problem under the rules, we will still take action.

Complaints about broader advertising practices across a sector can place greater demands on our resources, and we may deal with these cases differently – for example, by taking a project-based approach. This allows us to investigate a number of related issues under a smaller number of “master” complaints.

ASA rulings apply to all advertisers, so rulings in these cases can help bring a wider industry or sector into line with the rules.

Where appropriate, we may also work with trade bodies and provide guidance to help advertisers understand the outcome of our work and what it means for their sector. We will monitor compliance and take further action where necessary.

Cross-border complaints

If a complaint relates to an ad that originated outside the UK, it may be treated as a cross-border complaint. Where possible, the ASA will refer the complaint through the European Advertising Standards Alliance (EASA) to the regulator in the country where the ad originated. Like other complaints to the ASA, cross-border complaints are handled free of charge.

We also do our best to address complaints about ads from countries without EASA links where those ads are directly targeting UK consumers (for example, through a .co.uk website or UK pricing). However, our powers are more limited when dealing with ads outside our jurisdiction.

Complaints process timeline

 

  • 1. Assessing the complaint

    When a complaint is logged, we will confirm that is has been received. All complaints are carefully assessed against the Advertising Codes. If we decide that there may be a problem with the ad, we will confirm that we are taking the complaint further. In some circumstances, we may seek a view from the ASA Council in our assessment of whether further investigation is warranted. Where relevant, we may be able to suggest another organisation that can help.

  • 2. Resolving complaints

    Sometimes we’ll decide that there’s a problem under the rules but that the issues raised don’t call for us to investigate. In these cases we’ll write to the advertiser providing appropriate guidance. As we prefer to work by persuasion and agreement, some complaints can be resolved quickly and informally by working with an advertiser to have an ad changed or get a name taken off a mailing list.  Informally resolved cases aren’t put before the ASA Council, so no ruling is published. 

  • 3. Investigations

    If it’s not that simple, or we think there’s potentially a serious problem under the rules, a formal investigation may be needed. We’ll write to advertisers and other appropriate parties, e.g. ad agencies, the media that broadcast or published the ad and the clearance centre. We’ll explain what the complaint is about, which Code rules are relevant and ask for a response, together with evidence. If the potential problem is serious, we might ask the media to limit or stop airing, publishing or distributing the ad, until the investigation is complete.

  • 4. Advertiser responses

    Advertisers and broadcasters are required to reply to us in writing within seven working days, or five working days for cases involving issues of harm or offence. If they don’t reply promptly they can automatically be found to break the Advertising Codes or, if applicable, their broadcast licence, so it’s important to keep to the deadlines we provide. 

  • 5. Advertiser claims

    If there’s a claim that needs to be proven, we’ll ask advertisers to provide evidence. We don’t accept references to, or extracts from studies. Instead, advertisers need to provide copies of full studies with the relevant sections highlighted. They should explain clearly why their submission is relevant to the investigation. We’ll never unreasonably restrict opportunities for them to make their case. However, we may, in exceptional circumstances, limit submissions if they’re unjustifiably lengthy or repeat the same arguments.

  • 6. Evaluation

    We then assess the ad against the rules in light of the responses. If we need more information to make our judgement, we may seek further clarification, evidence or independent expert advice, or in exceptional circumstances we or one of the parties to the complaint might request non-binding industry advice from one of the CAP Panels. We’ll draw up a draft recommendation outlining the complaint, the advertiser’s response, our assessment and a recommended course of action. We’ll give all appropriate parties the opportunity to comment on the accuracy of the draft. This is not our final ruling. The recommendation will be sent to the ASA Council for their consideration and final decision.

  • 7. Decision

    The ASA Council is the independent jury that is responsible for deciding if the Advertising Codes have been broken in a formal investigation. The Council will consider the recommendation but is free to come to its own conclusion. The Council receives recommendations via an online system and makes rulings on a weekly basis. If there is a division of opinion amongst the Council, the members will vote on whether to uphold or not uphold the complaint the week after the recommendation was first sent to them. A minority of cases (generally those that are likely to have the greatest impact on the advertising industry) are discussed at a face-to-face Council meeting.

    Parties are told when the case is going to Council and as soon as Council has made its decision, we send the final ruling and publication date, under embargo, to all relevant parties.

  • 8. Ruling publication

    We publish our final rulings every week on our website. We let complainants and advertisers know in advance when the case will be published, however the details of the case must be kept confidential until publication. We also make the findings available to the media. If the rules have been broken, the ad must be changed or withdrawn. If the complaint is ‘not upheld’, no further action is taken.

  • 9. Independent Review

    In certain circumstances, advertisers or complainants can request a review of a ruling. Both sides have 21 days (from when they were informed of the ASA Council decision) to ask the Independent Reviewer of ASA rulings to review the case. But they must be able to establish that a substantial flaw of process or ruling is apparent, or show that additional relevant evidence is available. If the Independent Reviewer accepts a request for a review he can ask the ASA Council to reconsider its ruling. 

  • 10. Monitoring compliance

    We check ads to find out if the necessary changes have been made following a ruling. The vast majority of advertisers stick to our rulings. We work closely with the advertising industry to act against the few who do not. Broadcasters cannot air ads that break the advertising rules and we ask publishers not to print ads that break the rules.

  • 11. Sanctions

    Most advertisers act quickly to amend or withdraw their ad if we find it breaks the rules, and we act against the few who do not. Ultimately if advertisers and broadcasters persistently break the Advertising Codes and don’t work with us, we can refer them to other bodies for further action, such as Trading Standards or Ofcom.

Further information:

  Making an ad complaint guide.pdf

  Complaint about your ad guide.pdf

  Non-Broadcast Complaint Handling Procedures

  Broadcast Complaint Handling Procedures