Regulation of Print

Advertising in the
UK

Advertising Standards
Authority

What exactly does the ASA do?

The Advertising Standards Authority is the UKs independent regulator of advertising across all media. They apply the Advertising
Codes, which are written by the Committees of Advertising Practice. There work includes acting on complaints and proactively
checking the media to take action against misleading, harmful or offensive advertisements. In this section you can find out how
advertising regulation works, who their key people are and information about our performance.

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.

How does regulation work?

As the UKs independent regulator for advertising across all media, there work includes acting on complaints and proactively
checking the media to take action against misleading, harmful or offensive advertisements, sales promotions and direct
marketing. If they judge an ad to be in breach of the UK Advertising Codes, it must be withdrawn or amended and the advertiser
must not use the approach again. In 2012 they considered 31,298 complaints about 18,990 cases and they actively checked
thousands of ads. There work led to 3,700 ads being changed or withdrawn

What sanctions can the ASA impose?

The majority of sanctions for non-broadcast advertising are co-ordinated through CAP, whose members are trade associations
representing advertisers, agencies and media. There are several CAP sanctions, which can be employed in different
circumstances: Ad Alerts - CAP can issue alerts to its members, including the media, advising them to withhold services such as
access to advertising space. Withdrawal of trading privileges - CAP members can revoke, withdraw or temporarily withhold
recognition and trading privileges. For example, the Royal Mail can withdraw its bulk mail discount, which can make running
direct marketing campaigns prohibitively expensive. Pre-vetting - Persistent or serious offenders can be required to have their
marketing material vetted before publication. For example, CAPs poster industry members can invoke mandatory pre-vetting for
advertisers who have broken the CAP Code on grounds of taste and decency or social responsibility the pre-vetting can last for
two years. Sanctions in the online space - CAP has further sanctions that can be invoked to help ensure marketers claims on their
own websites, or in other non-paid-for space under their control, comply with the Codes. Read more here. For misleading or
unfair advertising, ultimately if advertisers and broadcasters persistently break the Advertising Codes and dont work with them,
they can refer them to other bodies for the further action, such as Trading Standards or Ofcom.

How does self-regulation of non-broadcasting

work?
Self-regulation means that the industry has voluntarily established and paid for its own regulation. The system works because it is
powered and driven by a sense of corporate social responsibility amongst the advertising industry. Advertisers have an interest in
maintaining the system because:
Making sure that consumers are not misled, harmed or offended by ads helps to maintain consumer confidence in advertising.
Advertising that is welcomed by consumers is good for business.
It maintains a level playing field amongst businesses. It is important for fair competition that all advertisers play by the same
rules.

Tesco F & F
A TV ad, for Tesco F&F clothing range, cut between a woman and a man wearing different clothing in each shot and included the woman in a bikini and cut-off shorts. The
models were shown either posing or moving around, including the woman rolling on the floor. The woman lip-synched to the song played throughout the ad, which included the
lyrics "I want your touch. I want your body. I feel the heat. It's you, it's you I want tonight. The heat is on. I want you here tonight. I feel the heat".
Issue
Thirteen viewers challenged whether the ad was inappropriate for broadcast before 9 pm, particularly at times when children could be watching.
BCAP Code
32.34.14.2
Response
Tesco Stores Ltd said the ad was approved without a scheduling restriction, because Clearcast believed that the scenes were in keeping with an ad for a summer range of
swimwear clothing and was suitable for broadcast at anytime. They agreed with Clearcast that a scheduling restriction was not necessary.
Clearcast said careful consideration was given to the content of the ad. It was intended to showcase the summer clothing range and the attire of both the male and female
models was in keeping with summer wear and not gratuitous. There were no inappropriate lingering shots of either the male or female body and any exposed flesh was shown at
a distance and not excessive.
Clearcast said although there was some mild flirtation between the male and female models, it was not sexually suggestive. They acknowledged that the song lyrics were open
to mild sexual interpretation, but the references to 'heat' were also entirely in keeping with an ad for summer wear. They considered that the ad was neither sexually explicit nor
suggestive, and believed the ad did not need a timing restriction.
Assessment
Not upheld
The ASA considered that, in the context of an ad for a summer clothing range, it was not inappropriate to feature the models in shorts, loose fitting tops and swimwear. The
woman's outfits were not particularly revealing, other than the two piece swimsuit, which exposed more of her body than the other garments, but nonetheless there was no
sexual connotation attached to the item of clothing. The majority of the models poses were traditional catwalk positions and others, such as the woman rolling on the floor,
were only mildly sexual in nature and unlikely to be understood by children.
Although the lyrics of the song were open to mild sexual interpretation, we considered that very young children would be unlikely to understand that allusion and the song was
not unsuitable for older children, many already likely to be familiar with the song and its dance based lyrics.
We considered that the ad was neither sexually explicit nor suggestive, and was unlikely to cause harm to children or to a more general audience. We therefore concluded that
the ad was suitable for broadcast before 9 pm.
We investigated the ads under BCAP Code rules 4.1 and 4.2 (Harm and offence) and 32.3 (Scheduling), but did not find it in breach.
Action
No further action necessary.

UK Code of Non-Broadcasting
Advertising

What the code applies to?

A. 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
B. posters and other promotional media in public places, including moving images
C. cinema, video, DVD and Blu-ray advertisements

D. 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
E. marketing databases containing consumers personal information
F. sales promotions in non-broadcast media
G. advertorials (see III k)
H. 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 are the central principles of the code?

The central principle for all marketing communications is that they should be legal, decent, honest and truthful. All marketing
communications should be prepared with a sense of responsibility to consumers and society and should reflect the spirit, not
merely the letter, of the Code.

What are the basic rules of compliance for the code?

Rules
1.1 Marketing communications should be legal, decent, honest and truthful.
1.2 Marketing communications must reflect the spirit, not merely the letter, of the Code.
1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society.

1.4 Marketers must comply with all general rules and with relevant sector-specific rules.
1.5 No marketing communication should bring advertising into disrepute.
1.6 Marketing communications must respect the principles of fair competition generally accepted in business.
1.7 Any unreasonable delay in responding to the ASAs enquiries will normally be considered a breach of the Code.
1.7.1 The full name and geographical business address of the marketer must be given to the ASA or CAP without delay if
requested.
1.8 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.
1.8.1 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.

1.9 Marketers should deal fairly with consumers.

List all the different sections of advertising which the code covers?

Print and press ads

Posters
Direct mail
Television and radio ads
Competitions, special offers
Email and text messages
Internet (banners, pop-ups, virals, sponsored search, marketing communications on companies own websites and other nonpaid for space under their control.)
Teleshopping
Cinema commercials
Promotions
And more.

Pick 4 sections and give more details about the rules of the code?

Motoring
Marketing communications should not condone or encourage unsafe or inconsiderate driving practices. If they make environmental claims, marketing communications for motor vehicles, fuel or
accessories should comply with the rules in Section 11.

Harm and offence

Marketers should take account of the prevailing standards in society and the context in which a marketing communication is likely to appear to minimize the risk of causing harm or serious or
widespread offence.

Gambling
The rules in this section are designed to ensure that marketing communications for gambling products are socially responsible, with particular regard to the need to protect children, young
persons under 18 and other vulnerable persons from being harmed or exploited by advertising that features or promotes gambling

Alcohol
Marketing communications for alcoholic drinks should not be targeted at people under 18 and should not imply, condone or encourage immoderate, irresponsible or
anti-social drinking. The spirit as well as the letter of the rules applies.