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Advertisements Notes

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Infringing Advertisements 1) Which body provides the self-regulation of the advertising industry?

The Advertising Standards Authority (ASA)

2) Who refers complaints to the ASA?

a) Individual members of the public

b) Consumer groups, trade organisations and other businesses

c) The ASA can take action on its own initiative

3) Is the advert broadcast or non-broadcast - Apply the appropriate Code

BCAP Code applies for broadcast adverts which consists of:

a) Television and radio advertising;

b) Interactive television

c) TV shopping channels

d) Content on self-promotional television channels

e) Tele-text services

CAP Code applies for nonbroadcast adverts which consists of:

All other forms of advertising including:


Newspapers


Websites


Emails


DVD / Video on demand


Youtube / social media


Outdoor posters by motorways

4) Apply the provisions of the relevant code  BCAP or CAP

Apply the constituent parts of BCAP to the advert to assess breaches of the code

General principles - BCAP Code 1

BCAP Code 1.1  Advertisements should reflect the spirit, not merely the letter of the law

CAP Code 1.2  Advertisements must be prepared with a sense of responsibility to the audience and to society

General rules - BCAP Code 2 - 9

Specific Rules - BCAP Code 10 - 31

Apply the constituent parts of CAP to the advert to assess breaches of the code

General principles - CAP Code 1

CAP Code 1.1  Marketing communications should be legal, decent, honest and truthful

CAP Code 1.2  Marketing communications should reflect the spirit, not merely the letter of the law

General rules - CAP Codes 2 - 11

Specific Rules - CAP Codes 12 - 21

5) What are the sanctions that can be handed down by the ASA for breach of the relevant code?

BCAP

1) Can refer the complaint to Ofcom who can impose financial sanctions

2) Can require the advertiser to withdraw or amend the advert or promotion

3) Can require the advertiser to give an undertaking not the repeat the advert

4) Can require the licence holder to allow the advertisement to be shown only in particular circumstances (e.g. after 9pm)

5) Can refer the complaint to Ofcom which then applies the CPRs and / or BPRs where applicable

CAP

Normal print adverts

1) ASA Cannot impose financial sanctions

2) Can require the advertiser to withdraw or amend the advert or promotion

3) Can require the advertiser to give an undertaking not the repeat the advert

4) Can refer the complaint to the CAP Compliance Team who can use adverse publicity, "Ad Alerts" to the media to withhold infringing advertisements, or require future adverts to be pre-vetted

5) Can refer the complaint to the OFT, which then applies the CPRs and / or BPRs where applicable

Enhanced sanctions for adverts on advertiser's own website, on a nonpaid website or on social networking sites

1) All the sanctions for 'normal print adverts'

2) Enhanced naming and shaming of advertisers

3) Removal of paid for search advertising (removal of the link)

4) The ASA can pay for advert online highlighting an advertiser's continued non-compliance

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