Regulation of print

advertising in the UK
Nick May

Advirtsing standerds authority

What exactly do the ASA do?

Their purpose is to make advertisements responsible and our ambition is to make every UK ad a
responsible ad.

1 Understanding: They will be an authority on advertising and active on issues that cause societal
concern.They will be open to calls for regulatory change, acting purposefully and in a timely fashion,
while being fair and balanced in our assessment of the evidence and arguments

2 Support: Theyll provide support to advertisers to help them create responsible ads. Theyll increase,
improve and better target our advice and training so every business has access to the information and
support it needs

3 Impact: Theyll spend more time on matters that make the biggest difference. Focusing on their
existing remit, theyll spend less time tackling ads that cause little detriment to consumers or on the
vulnerable. But, where a complaint indicates that the rules have been broken, we will always do
something

4 Proactive: Theyll be proactive and work with others. Theyll use a wide range of information to identify
and tackle problems to make sure ads are responsible, even if they havent officially received a complaint.

5 Awareness: Theyll increase awareness of the ASA and CAP. They will make sure that the public, civil
society and the industry know who they are and what they can do, so they can engage with them when
they need to, and have confidence in our work.

How is the ASA funded?

The ASA is funded by advertisers through an arms length arrangement that

guarantees the ASAs independence.

Collected by the Advertising Standards Board of Finance (Asbof) and the

Broadcast Advertising Standards Board of Finance (Basbof), the 0.1% levy
on the cost of buying advertising space and the 0.2% levy on some direct
mail ensures the ASA is adequately funded to keep UK advertising
standards high. They also receive a small income from charging for some
seminars and premium industry advice services.

They receive no Government funding and therefore our work is free to the
tax payer.

How does regulation work?

As the UKs independent regulator for advertising across all media, their
work includes acting on complaints and proactively checking the media to
take action against misleading, harmful or offensive advertisements, sales
promotions and direct marketing.

What section can the ASA improve?

If you are dissatisfied with the ASA's decision on your complaint you may be
able to request a review by the Independent Reviewer of ASA Adjudications.

Members of ASA staff will at all times identify themselves by name and
endeavour to be as polite and helpful as possible. If you think your contact
with them has not lived up to the high standards they set themselves, you
can go to their complaints section on their website.

How does the self-regulation of

non-broadcast advertising work?

There are many millions of non-broadcast ads published every year in the
UK, so it would be impossible to pre-clear every one of them. For example
there are more than 30 million press advertisements and 100 million pieces
of direct marketing every year.
However, lots of advice and guidance is available through
CAP Advice and Training. This includes free bespoke pre-publication advice
from Copy Advice and online resources that advertisers, agencies and media
can use to check the latest positions on hundreds of different advertising
issues.

Examples of complaints made about

tesco F&F and Barnados.

UK CODE OF NON-BROADCAST
ADVIRTISING

What the code applies to

advertisements in newspapers, magazines, brochures, leaflets, circulars, mailings, e-mails, text transmissions
(including SMS and MMS), fax transmissions, catalogues, follow-up literature and other electronic or printed
material

posters and other promotional media in public places, including moving images

cinema, video, DVD and Blu-ray advertisements

advertisements in non-broadcast electronic media, including but not limited to: online advertisements in paid-for
space (including banner or pop-up advertisements and online video advertisements); paid-for search listings;
preferential listings on price comparison sites; viral advertisements (see III l); in-game advertisements; commercial
classified advertisements; advergames that feature in display advertisements; advertisements transmitted by
Bluetooth; advertisements distributed through web widgets and online sales promotions and prize promotions

marketing databases containing consumers personal information

sales promotions in non-broadcast media

Advertorials

Advertisements and other marketing communications by or from companies, organisations or sole traders on their
own websites, or in other non-paid-for space online under their control, that are directly connected with the supply
or transfer of goods, services, opportunities and gifts, or which consist of direct solicitations of donations as part of
their own fund-raising activities.

What the basic rules of compliance are

Marketing communications should be legal, decent, honest and truthful.
Marketing communications must reflect the spirit, not merely the letter, of the Code.
Marketing communications must be prepared with a sense of responsibility to consumers and to society.
Marketers must comply with all general rules and with relevant sector-specific rules.
No marketing communication should bring advertising into disrepute.
Marketing communications must respect the principles of fair competition generally accepted in business.
Any unreasonable delay in responding to the ASAs enquiries will normally be considered a breach of the Code.
The full name and geographical business address of the marketer must be given to the ASA or CAP without delay if
requested.
Marketing communications must comply with the Code. Primary responsibility for observing the Code falls on
marketers. Others involved in preparing or publishing marketing communications, such as agencies, publishers and
other service suppliers, also accept an obligation to abide by the Code.
Rules in Appendix 3 apply only to third parties as defined. If the ASA is unable to identify the relevant third party, the
advertiser - on behalf of whom the OBA advertisement is delivered to web users - must, in good faith, co-operate with
the ASA to help determine the identity of the third party.
Marketers should deal fairly with consumers.

Im not sure why its been laid

out like this.

What are the central rules of principles are

Marketing communications must be obviously identifiable as such.

Unsolicited e-mail marketing communications must be obviously

identifiable as marketing communications without the need to open
them.

Marketing communications must not falsely claim or imply that the

marketer is acting as a consumer or for purposes outside its trade,
business, craft or profession; marketing communications must make
clear their commercial intent, if that is not obvious from the context.

Marketers and publishers must make clear that advertorials are

marketing communications; for example, by heading them
advertisement feature.

List all different sections of advertising the code covers

07 Political advertisements
08 Sales promotions
09 Distance selling
10 Database practice
11 Environmental claims
12 Medicines, medical devices, health-related products
13
andWeight
beautycontrol
products
and slimming
14 Financial products
15 Food, food supplements and associated health or nutr
16
ition
Gambling
claims
17 Lotteries
18 Alcohol
19 Motoring
20 Employment, homework schemes and business oppor
21
tunties
Tobacco, rolling papers and filters
22 Electronic cigarettes

Pick 4 sections give more detail about rules that

govern advertisement in these sections
Section 1:

Section 2:

Section 3:

Section 3.5:
portray gambling as indispensable or as taking priority in life; for example, over family, friends or
professional or educational commitments
suggest that gambling can enhance personal qualities, for example, that it can improve self-image or selfesteem, or is a way to gain control, superiority, recognition or admiration
suggest peer pressure to gamble nor disparage abstention
link gambling to seduction, sexual success or enhanced attractiveness
portray gambling in a context of toughness or link it to resilience or recklessness
suggest gambling is a rite of passage
suggest that solitary gambling is preferable to social gambling
be likely to be of particular appeal to children or young persons, especially by reflecting or being
associated with youth culture
be directed at those aged below 18 years (or 16 years for football pools, equal-chance gaming [under a
prize gaming permit or at a licensed family entertainment centre], prize gaming (at a non-licensed family
entertainment centre or at a travelling fair) or Category D gaming machines) through the selection of
media or context in which they appear
Include a child or a young person. No-one who is, or seems to be, under 25 years old may be featured
gambling or playing a significant role. No-one may behave in an adolescent, juvenile or loutish way.

Individuals who are, or seem to be under 25 years old (18-24 years old) may be featured playing a
significant role only in marketing communications that appear in a place where a bet can be placed
directly through a transactional facility, for instance, a gambling operators own website. The individual
may only be used to illustrate specific betting selections where that individual is the subject of the bet
offered. The image or other depiction used must show them in the context of the bet and not in a
gambling context.
exploit cultural beliefs or traditions about gambling or luck
condone or encourage criminal or anti-social behaviour
Condone or feature gambling in a working environment. An exception exists for licensed gambling
premises.
Marketing communications for family entertainment centres, travelling fairs, horse racecourses and dog
race tracks, and for non-gambling leisure facilities that incidentally refer to separate gambling facilities,

Section 4:

19.1 - Marketing communications for motor vehicles, fuel or accessories must not depict or refer to practices that
condone or encourage anti-social behaviour.

19.2 - Marketing communications must not condone or encourage unsafe or irresponsible driving. If it could be
emulated, marketing communications must not depict a driving practice that is likely to condone or encourage a
breach of those rules of the Highway Code that are legal requirements if that driving practice seems to take place on
a public road or in a public space. Vehicles capabilities may be demonstrated on a track or circuit if it is obviously not
in use as a public highway.

19.3 - Marketing communications must not depict speed in a way that might encourage motorists to drive
irresponsibly or to break the law.

To avoid the implication of irresponsible driving through excessive speed, care must be taken in the style of
presentation of marketing communications. Particular care must be taken in, for example, cinema commercials and in
marketing communications that appear in electronic media to avoid moving images that imply excessive speed. If they
are shown in normal driving circumstances on public roads, vehicles must be seen not to exceed UK speed limits.

19.4 - Marketers must not make speed or acceleration the main message of their marketing communications.
Marketing communications may give general information about a vehicles performance, such as acceleration and
mid-range statistics, braking power, road-holding and top speed.

19.5 - Safety claims must not exaggerate the benefit to consumers. Marketers must not make absolute claims about
safety unless they hold evidence to substantiate them.