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. We apply the Advertising Codes, which are written by the Committees of Advertising
Practice. Our work includes acting on complaints and proactively checking the media to take action against misleading, harmful or offensive advertisements.
Magazine and newspaper advertisements
Radio and TV commercials (not programmes or programme sponsorship)
Television Shopping Channels
Advertisements on the Internet, including:
banner and display ads
paid-for (sponsored) search
Marketing on companies own websites and in other space they control like social networking sites Twitter and Facebook
Commercial e-mail and SMS text message ads
Posters on legitimate poster sites (not fly posters)
Leaflets and brochures
Cinema commercials
Direct mail (advertising sent through the post and addressed to you personally)
Door drops and circulars (advertising posted through the letter box without your name on)
Ads on CD ROMs, DVD and video, and faxes.
Sales promotions, such as special offers, prize draws and competitions wherever they appear.
How is 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. We also receive a small income from charging for some seminars and premium industry advice services. We receive no Government funding
and therefore our work is free to the tax payer
How does regulation work?
As well as acting on complaints, we carry out many other regulatory activities to make sure advertising stays within the rules. For example, the ASA actively checks ads in all media and
regularly conducts surveys of advertisements published by sectors where there is either unsatisfactory compliance with the Codes or where there are societal concerns about that sector.
And together with CAP, we work to support the industry to help them get their ads right before they are published. For example by providing guidance, pre-publication advice and training
for the industry.
What sanctions can the ASA impose?
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. For misleading or unfair advertising, ultimately if advertisers and broadcasters persistently break the Advertising Codes and dont work with us, we
can refer them to other bodies for the further action, such as Trading Standards or Ofcom. Such referrals are rarely necessary, as most advertisers prefer to resolve the matter directly with
us.
How does self-regulation of non-broadcast advertising 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.

Barnardos Complaint.

Tescos Complaint
Ad
A national press ad for Tesco showed a selection of fresh food products; their prices at Tesco and the prices of the same or equivalent products at Asda.
Text in a roundel stated "Total Tesco Saving 4.91". Text stated "One place you won't find your fresh food for the weekend? In the Asda Price Guarantee".
Issue
Asda challenged whether the claim "One place you won't find your fresh food for the weekend? In the Asda Price Guarantee" was misleading and could
be substantiated. Asda provided information that showed that fresh products, including 13 of the 20 products shown in the ad, were included in their
price guarantee.
CAP Code (Edition 12)
3.13.33.73.333.343.39
Response
Tesco said the ad had resulted from an internal communication error (the pricing details had been checked internally but Tesco's advertising team had
mistakenly believed that the products were not covered by Asda's price guarantee). Tesco apologised for the error. They said the ad would not run again
and action would be taken to ensure a similar error did not happen again.
Assessment
Upheld
The ASA welcomed Tesco's acknowledgement of the error, their assurance that they would take action to ensure a similar error did not occur again and
their confirmation that the ad would not run again. Nevertheless, we considered that the ad suggested that fresh products, including the products shown
in the ad, were not included in Asda's price guarantee and we were concerned that Tesco's checking procedures had not correctly established whether
that was the case. Because it was not the case that fresh products were not included in Asda's price guarantee, and because Tesco had not supplied
evidence to substantiate the claim that they were not, we concluded that the ad was misleading.
The ad breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising), 3.7 (Substantiation), 3.33 and 3.34 (Comparisons with identifiable
competitors) and 3.39 (Price comparisons).
Action
The ad must not appear again in its current form. We welcomed Tesco's acknowledgement of the error, their assurance that they would take action to
ensure a similar error did not occur again and their confirmation that the ad would not run again.

UK CODE OF NON-BROADCAST ADVERTISING

What does the code apply to?
A) advertisements in newspapers, magazines, brochures, leaflets, circulars, mailings, emails,
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 principals 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?

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. The CAP Code: The
UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing 121.7 Any unreasonable delay in responding to the ASA's 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, cooperate with the ASA to help determine the identity of the third party. 1.9 Marketers should deal fairly with consumers. Legality 1.10 Marketers have primary responsibility
for ensuring that their marketing communications are legal. Marketing communications should comply with the law and should not incite anyone to break it. 1.10.1 Marketers must not state or imply that a
product can legally be sold if it cannot.

List all of the different sections of advertising which the code covers:
Compliance. Recognition of marketing communications. Misleading advertising. Harm and offence. Children. Privacy
Political advertisements. Sales promotions. Distance selling. Database practice. Environmental claims. Medicines, medical devices, health-related products and beauty products. Weight
control and slimming. Financial products. Food, food supplements and associated health or nutrition claims. Gambling. Lotteries Alcohol. Motoring. Employment, homework schemes and
business opportunities. Tobacco, rolling papers and filters. Electronic cigarettes. How the system works. History of self-regulation. Appendix 1: The CPRs and BPRs. Appendix 2:
Advertising rules for on-demand services regulated by statute. Appendix 3: Online behavioural advertising.
Pick four sections and give more details about the rules which govern advertising in those sections: