RegulationRegulationRegulating Advertising in the

UK: The ASA

Essential QuestionsEssential Questions

Do you think advertisements should be regulated?

By whom?

How?

What the ASA doesWhat the ASA does

Advertising Standards Authority

Provides guidelines to advertisers, in consultation with them

Investigates public complaints into ads

Codes of Practice (CAP Codes) are published for broadcast (TV & Radio etc) ads and non-broadcast (billboards, magazines, newspapers etc) ads.

ASA CAP CodesASA CAP CodesThe Advertising Codes contain wide-ranging rules designed to ensure that advertising does not mislead, harm or offend. Ads must also be socially responsible and prepared in line with the principles of fair competition. These broad principles apply regardless of the product being advertised.

• In addition, the Advertising Codes contain specific rules for certain products and marketing techniques. These include rules for alcoholic drinks, health and beauty claims, children, medicines, financial products, environmental claims, gambling, direct marketing and prize promotions.

Misleading AdsMisleading AdsTo mislead consumers means to make claims about a product or service that cannot be backed up by evidence

The majority of complaints (75%) and subsequent investigations relate to untruthfulness or dishonesty

Watch the start of the interview with the ASA spokesperson Lynsay Taffe - what are misleading ads? What is the example given? Why did people complain about it? What happened?

Misleading?Misleading?

We use our CO2 to grow flowers

0.3% of CO2 is used to grow flowers

Misleading.

Misleading?Misleading?

Watch the Nutella ad

It claims that: It’s a slow-release energy product; it contains only hazlenuts, skim milk and cocoa powder; it is a nutritious product.

Do you think this ad is misleading? One pair on each table takes one side and has one minute to argue their case.

The ASA found that....The ASA found that....

1. The claim that Nutella released energy slowly was true; the fat in it makes the sugar release slowly, making it a low GI food.

2. The claim that the ad implied Nutella only included nuts, milk and cocoa (not also sugar and fat) was not upheld.

3. The claim that Nutella was a significant part of a healthy breakfast was found to be untrue and complaints about this aspect were upheld. It has too much sugar and fat to make a significant nutritional contribution.

Offensive AdsOffensive Ads

Advertisements must not cause serious or widespread offence against generally accepted moral, social or cultural standards.

What kind of content in ads do you think might be considered offensive?

Watch the KFC ad. Do you think this ad is offensive? One pair on each table takes one side and has one minute to argue their case.

Offensive AdsOffensive Ads

The ASA decided this ad was not offensive - although it received the most amount of complaints for any ad that year - 53,774 - it did not violate any of the CAP codes and was not banned.

See Lynsay Taffe explain why

Harmful AdsHarmful AdsAdvertisements must contain nothing that could cause physical, mental, moral or social harm to persons under the age of 18.

Advertisements must not include material that is likely to condone or encourage behaviour that prejudices health or safety.

Watch the anti-smoking ad ‘hooked’ and again, decide if you think this ad is harmful. Discuss with a partner taking opposing sides for one minute each.

ASA RulingASA RulingThe Department of Health argued that the fear created by the ads would pale into insignificance when compared to the physical and mental damage caused by smoking

The ASA said that because the posters and ads could be seen by children and were likely to cause them fear and distress, the posters should be removed and the TV ads only shown after 9pm. The ex-kids restriction was not sufficient.

Watch Lynsey Taffe talking about these ads and shock tactics.

X-Box Champagne AdX-Box Champagne Ad

Now you know that the three main rules for advertisers concern misleading claims, offence and harm, watch the X-Box Champagne ad.

Work with a partner to construct a clear argument with three key points about why the ad should be allowed on TV or why it should not.

PlenaryPlenary

Go back to the overtly sexual print ads we looked at at the start of class.

Do you think any of these should be banned? Why of why not?

Are any of them misleading, offensive, or harmful, in your opinion?

The advertisers put The advertisers put their side...their side...

Trevor Beattie: Head of BMP, developed the IKEA ad and the FCUK campaign.

Daniel Kleinman: Director of the XBox Champagne ad and the ‘Ventriloquist’ ad that we will watch next class.

h/w: journal entryh/w: journal entryDue next WednesdayDue next WednesdayFind an ad that has been banned and find out why - write a journal entry explaining whether you agree or disagree with this ruling. Or, discuss a controversial ad that has not been banned and argue why it should be.

Research the advertising regulation rules in the US - are they clear and stringent enough or not?