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Regulation of Advertising

Advertising Standards Authority (ASA) are an independent regulatory


body. They overlook advertising standards in the UK. They make
sure that all media keeps to certain standards and guidelines. They
enforce standards written by the Committees of Advertising Practice.

BCAP is considered as broadcast advertising. The UK Advertising


Codes has established rules for advertisers, agencies and media
owners to follow the code. The BCAP codes consist of the general
rules that state how advertising must be responsible and not be misleading,
or offencive. It needs to follow specific rules that cover advertising to young
children and ads for specific sectors such as alcohol, motoring, gambling,
health and financial products.

Examples of the most complained adverts in the UK


towards the ASA:

1.) KFC Advert (2005) - This advert received well


over 1,671 complaints. The reason for this was
due to the fact that it could encourage bad
manners among children. However, the ASA
reviewed the advert and as a result that did not
take any action towards the advertising company
to change or remove the advert. This is after they
ruled out that this is unlikely for this advert to change childrens
behaviour as it is down to parents to be responsible.
2.) 5. British Safety Council (1995): Condom advert featuring
Pope 1,192 complaints - upheld. The advert which was not
removed by the asa involves as seen a image of the pope.
The image was not removed or banned and was upheld.

3.) The advert Paddy Power came out on 14 May 2010. It


consisted of a scene where a cat gets kicked by a blind
football player. Viewers have complained about the advert showing a
cat being kicked off the pitch by a blind football player. They criticised
it for being offensive towards blind people and that it may encourage
animal cruelty. The company that released the advert felt that it was
only surreal and light-hearted in tone and was unlikely to encourage
cruelty to animals or cause any serious or widespread offence
towards blind people. The advert received 1,313 complaints. This
advert however has not been upheld.

The difference between CAP and BCAP:

CAP - this is a code given to an advert that isnt broadcast on television or


on the internet.

BCAP - this is a code given to an advert that is broadcast to the public


audience through television and internet.
The importance of the ASA and the need for regulation
The ASA are considered very important when it comes to advertisements
because in advertising regulation needs to be put in place so therefore
adverts can be trusted and are not offensive towards the public consumers.
Furthermore, it helps make sure that any adverts that are inappropriate are
not seen by the public that would have a negative impact on them. This is
also the reason why regulation needs to be put in place. Without the ASA
organisation if an advert was deemed offensive then the customers
wouldnt have anywhere to complain and get the advert changed or
removed so doesnt affect other consumers.

Ofcom
Ofcom is another organisation which in short is the communications
regulator in the UK. For instance they regulate TV broadcasts, radio
broadcasts, fixed line telecoms as well as mobile services. Ofcoms
purpose is to make sure that viewers of any visual material such as TV
shows, mobile images and conversations that are harmful are not seen by
the public and therefore protected from it. Moreover, people are protected
from invasion of privacy online. Overall, they regulate everything that
happens on internet and TV and Radio.

According to Ofcom they are Funded by fees from industry for regulating
broadcasting and communications networks, and grant-in-aid from the
government.1 When it comes to running the Ofcom organisation they
operate under the Communications Act of 2003 which means that their
power must be within the law.

The difference between Ofcom and ASA.


ASA is about regulation advertisements and handling complaints about
them. Ofcom however are based around regulating all forms of
communications. For example mobile communications.

1
https://www.ofcom.org.uk/about-ofcom/what-is-ofcom

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