Regulation Of Print Advertising In The UK

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Advertising Standards Authority • What exactly does the ASA do?

• ASA`s purpose is to make advertisements responsible and our ambition is to make every UK ad a responsible ad.

• How is the ASA funded?

• The ASA is funded by advertisers through an arm’s length arrangement that guarantees the ASA’s independence.

• How does regulation work?

• As well as acting on complaints, ASA carry out many other regulatory activities to make sure advertising stays within the rules.

• What sections can the ASA impose?

• If ASA have judged an ad to be in breach of the Codes, then the ad must be withdrawn or amended. The vast majority of advertisers comply with the ASA’s rulings and they act quickly to amend or withdraw an ad that breaks the Codes.

• 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.

It maintains a level playing field amongst businesses. It is important for fair competition that all advertisers play by the same rules.

Maintaining the self-regulatory system is much more cost-effective for advertisers than paying the legal costs of a court case.

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UK Code Of Non-Broadcast Advertising• What the code applies to• Posters and other promotional media in public places, including

moving images• Marketing databases containing consumers’ personal information• Cinema, video, DVD and Blu-ray advertisements• 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?• 1.3 Marketing communications must be prepared with a sense of

responsibility to consumers and to society.• 1.9 Marketers should deal fairly with consumers.• 1.6 Marketing communications must respect the principles of fair

competition generally accepted in business.

List all the different sections of advertising which the code covers1. Political advertisements2. Sales promotions3. Distance selling4. Database practice5. Environmental claims6. Medicines, medical devices, health-related products and beauty products7. Weight control and slimming8. Financial products9. Food, food supplements and associated health or nutrition claims10. Gambling11. Lotteries12. Alcohol13. Motoring14. Employment, homework schemes and business opportunities15. Tobacco, rolling papers and filters16. Electronic cigarettes

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• Pick 4 sections and give more details about the rules which govern advertising in those sections

• Sales promotions• Rules – 8.2 Promoters must conduct their promotions equitably, promptly and

efficiently and be seen to deal fairly and honourably with participants and potential participants. Promoters must avoid causing unnecessary disappointment.

• Protection of consumers, safety and suitability – 8.7 No promotion or promotional item should cause serious or widespread offence to consumers. 8.4 - Alcoholic drinks must not feature in promotions directed at people under 18. Alcohol must not be available on promotion to anyone under 18.

• Children 8.8 - Special care must be taken with promotions addressed to children or if products or items intended for adults might fall into the hands of children.

• Availability 8.11 - Promoters must not encourage the consumer to make a purchase or series of purchases as a precondition to applying for promotional items if the number of those items is limited. 8.9 - Promoters must be able to demonstrate that they have made a reasonable estimate of the likely response and that they were capable of meeting that response.

• Administration 8.14 - Promoters must ensure that their promotions are conducted under proper supervision and make adequate resources available to administer them. Promoters, agencies and intermediaries should not give consumers justifiable grounds for complaint. 8.16 - Promoters must normally fulfil applications within 30 days in accordance with rule 9.4 and refund money in accordance with rule 9.5.

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Lotteries • Rules – 17.2 - Marketing communications must

not suggest that participating in a lottery can provide an escape from personal, professional or educational problems such as loneliness or depression. 17.7- Marketing communications must not link participating in a lottery to seduction, sexual success or enhanced attractiveness. 17.14 - Marketing communications for lotteries should not be directed at those aged under 16 years through the selection of media or context in which they appear. 17.18 - Marketing communications for lotteries must not condone or encourage criminal or antisocial behaviour.

Alcohol Rules – 18.8 - Marketing communications must not link alcohol to illicit drugs. 18.6 - Marketing communications must not imply that alcohol might be indispensable or take priority in life or that drinking alcohol can overcome boredom, loneliness or other problems. 18.3 - Marketing communications must not imply that drinking alcohol is a key component of the success of a personal relationship or social event. The consumption of alcohol may be portrayed as sociable or thirst-quenching.

Electronic cigarettesRules – 22.8 - Marketing communications must not encourage non-smokers or non-nicotine-users to use e-cigarettes. 22.7 - Marketing communications must state clearly if the product contains nicotine. They may include factual information about other product ingredients. 22.9 - Marketing communications must not be likely to appeal particularly to people under 18, especially by reflecting or being associated with youth culture. They should not feature or portray real or fictitious characters who are likely to appeal particularly to people under 18. People shown using e-cigarettes or playing a significant role should not be shown behaving in an adolescent or juvenile manner.

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