Regulations

What are ASA?

ASA or Advertising Standards Authority is the self-regulatory organisation of the advertising industry
in the UK. it is a non-statutory 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 d
ue 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. C
ustomers 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. This
helps them regulate broadcasting efficiently and effectively keeping in the powers and duties set for the communications act and other acts that
are to be followed by ofcom, set out by parliament.

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. Ofcom must also however act within the
powers and duties that are set for the act in legislation by parliament, this act is the heart of ofcom and everything they do as it helps keep them
on top of their customers and their interests.

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.