Regulations

What are ASA?

ASA or Advertising Standards Authority is the self-regulatory
organisation of the advertising industry in the UK. it is a nonstatutory organisation and so cannot interpret or enforce
legislation, however its code of advertising practice broadly reflects legislation in many ways.
What do the ASA do?
The ASA is responsible for regulating the content of advertisements, direct marketing and sales
promotion in the UK. they also make sure advertising standards are kept high by administering the
advertising codes. They respond to concerns from members of the public and industries about
advertisements that may be misleading, offensive or harmful. The ASA also conduct pro-active
surveys of sensitive sectors to
monitor compliance rates with
the codes and to act as a
deterrent to bad practice and
an encouraged to good
practice, by independently
administering the advertising
codes they aim to maintain
consumer trust in advertising
and a level-playing field
amongst businesses.

Who are BCAP?

BCAP or broadcast committee of advertising practice is the self-regulating body that created and
maintains the K code of broadcast advertising, sales promotion and direct marketing communications,
which regulates broadcast marketing communications in the UK.

What are BCAP codes?

The code applies to all kinds of advertisements (including teleshopping, content on self-promotional
television channels, television text and interactive television advertisements) and programme
sponsorship credits on radio and television services licensed by Ofcom. The code is designed to
inform advertisers and broadcasters of the standards expected in the content and scheduling of
broadcast advertisements and to protect consumers.The principles of this Code are that
advertisements should not mislead or cause serious, widespread offence or harm. Broadcasters are
responsible for ensuring that the advertisements they transmit comply with the entirety of the Code. All
compliance matters such as copy clearance, content, scheduling are the ultimate responsibility of
each broadcaster. The ASA may decline to investigate where there is a dispute which, in its view,
would be better resolved by another regulator or through the Courts.

Most complained about adverts!

1. Auction World (2004): Shopping channel 1,360 complaints referred to Ofcom.

Customers complained about the advert due to its consistently poor
customer service, misleading guide prices and delays in delivery of
goods. After the ASA looked at the complaints they forwarded them
to Ofcom who issued a fine to the channel and revoked its licence to
broadcast.

2. Paddy Power (2010): Cat being

kicked by blind football player 1,313
complaints - not upheld. Customers
complained about the advert because they
believed that the image of a cat being
kicked across a pitch by a blind football
player was offensive to blind people and
could encourage animal cruelty. However,
it was not banned by the advertising
watchdog as it was judged the ad was unlikely to encourage or condone cruelty to animals or
cause serious or widespread offence.

3. Volkswagen (2008): Depicted an engineer

fighting multiple versions of himself 1,070
complaints - partially upheld. Customers
complained about this advert because the
engineer was seen fighting himself which
customers believed was inappropriate for children
to see therefore, the ASA upheld it in part, ruling

that the level of violence in two of the ads meant they

should only be shown after 9 pm.

What is the difference between BCAP and

CAP codes?

The difference

between BCAP and CAP codes is that the

BCAP codes cover adverts that are
broadcasted such as on TV, radio, social
media, youtube etc. The CAP codes cover
the codes put out for non-broadcasted
adverts such as newspapers, billboards,
magazines, leaflets and posters etc.

Why are the ASA important?

The ASA are important

because they are responsible for regulating the content of adverts and upholding the codes put out by
BCAP.

Why do you think advertising needs to be regulated?

Advertising needs to be regulated because if adverts and tv were not regulated then lot of things
would come across as inappropriate, offensive or insulting to a lot of people.

Who are ofcom and what do they do?

Ofcom is the communications regulator in the UK. They regulate the TV, radio, and video-on-demand

sectors, fixed-line telecoms, mobiles and postal services plus the airwaves over which wireless
devices operate,

Why are ofcom important?

Ofcom are important because they regulate TV, Radio etc so that it is not offensive or insulting to
people who are watching or listening to the the content.

How are they funded?

Ofcom are funded by fees from industry for regulating broadcasting and communications networks,
and grant in aid from the government.

What act do they operate under?

Ofcom operate under a number of acts, however the main one being The Communications Act 2003,
which says that ofcoms principal duty is to further the interest of citizens and of customers, where
appropriate by promoting competition.

What is the difference between ofcom and the ASA?

The difference between ASA and ofcom is that Ofcom deal with TV, Radio etc and the ASA only deal
with advertising.