It was established in 1962 by the Committee of Advertising Practice to supervise the working of the new self-regulatory system in the public interest. In 2008, the Control of Misleading Advertisements Regulations were repealed and replaced with the Consumer Protection from Unfair Trading Regulations and the Business Protection from Misleading Marketing Regulations, with this being said, the ASA’s role as the ‘established means’ remains unchanged.
2) what is the role of the ASA in the regulation of advertisements?
The Advertising Standards Authority is an independent organisation that is set up by the advertising industry to regulate UK adverts. Their our work acts on complaints and checking the media to take action against misleading, harmful or offensive advertisements, sales promotions and marketing. The ASA is funded by a levy on advertising spend which is collected out of reach on behalf of the ASA by two bodies: the Advertising Standards Board of Finance and the Broadcast Advertising Standards Board of Finance.
3) what is a legal standing of the ASA in relation to Ofcom?
The role of the ASA is to make sure advertisers follow the Advertising Codes. If or when advertisers break the rules from their advertisement being malicious, offensive or anything breaking the Advertising Codes, the ASA has the authority to get the advert removed and stop it from appearing again. The requirements for an advert must be legal, honest, decent and truthful. Ofcom are still contracted out a day-to-day responsibility for regulating TV and radio ads to the ASA. You can complain to the ASA:
- if you think an advert you’ve seen or heard is dishonest or misleading
- if there’s something wrong with the marketing on a company’s website or their social network site
- about a special offer, competition or prize promotion that you think is unfair
- if you’ve asked a company to stop mailing you by post, fax, text message or email but they are still contacting you
- if a company is sending you adverts via text message when they haven’t got your permission to do this or who aren’t making their identity clear
- some problems with goods you’ve bought by distance sale, including by internet, mail order or phone.
4) what are the procedures of the organisation?
It can take just one complaint for the ASA could launch an investigation where the result of which can be that an ad has to be removed. The ASA decides the fate of the advertisement based on the validity of the complaint and what codes are broken. The usual procedure would be to hold a formal investigation with the ASA Council to rule on the matter. They contact all parties involved; e.g the complainant, advertiser and the broadcaster and inform them of the process. They ask the advertiser and broadcaster to provide evidence for any claims they make and to provide justification about why they thought the ad was appropriate. They then overlook all evidence and facts to make a decision whether the rights of the Advertising Codes have been breached and make a final ruling every Wednesday.
5) what are the key parts of the code governing food and soft drink advertising and children and advertising that you think will be important to bare in mind for your advert?
The key to advertising food and drink is that the brand promotes a nutritional and healthy product, especially when aiming a product at parents for young children. Promoting an item that isn't considered healthy or appropriate would be reported and banned as a whole. An example of a banned food advertisement would be the Morrison's burger advertisement. It was banned and removed by the ASA for promoting unhealthy food and misleading information. In the advert, we see the mother at 0.10- 0.18 preparing and presenting the burger to her daughter and in 0.19 we see her take out the salad and vegetables and eat the burger on its own. Eating fatty produce foods isn't healthy and can lead to things such as obesity, type 2 diabetes and an increase in the chances of high cholesterol.
This is a second example of a banned advertisement. It was a 2014 Red Bull advert which connected itself to the Titanic. At the start of the advert, we see a crew member watching a stock of red bull being transported on to the ship, at 0.05 the captain tells the crew member to get it off the ship and then at 0.12, the captain then says "Why on earth would you need wings on a ship?.. Stupidest thing I've ever heard". Baring in mind the Titanic sank in 1912, the advert is almost insinuating that if they had Red Bull on the ship, it wouldn't of sunk and could of flown away with it's wings saving the thousands of passengers that died. This would be highly offensive to the relatives of the passengers on board and the company itself.
I have used this KFC advert as another example of a banned advert. The ASA banned it from television because of the number of complaints it made due to bad table manners. Throughout the advert, we see women singing with their mouths full because the food is so delicious but the outcome was different to how the broadcasters intended because many parents and viewers complained about children copying the advert like it was a good example and also it was quite uncomfortable to watch. I would make sure I don't have anything like this in my documentary to avoid children following my actions or viewers being uncomfortable watching it.
My final example of a banned drinks advertisement would be the Lucozade Sport advert. In this advert, The television advert showed two groups of men, one drinking water and the other Lucozade Sport, running on treadmills while being monitored by technicians. A voice over then said: "At the limits of your ability, you need to replace the electrolytes you lose in sweat, keep your body hydrated, give your body fuel...Lucozade Sport gives you the electrolytes and carbohydrates you need, hydrating you, fuelling you better than water." The ASA said the ad was misleading because it didn't state that the benefits of the drink wouldn't affect the body until they underwent prolonged endurance exercise. With this being said, broadcastor's removed the advertisement as it was almost feeding the public information that water isn't an effective mineral drink.
When I make my advertisement, I will make sure I will respect and follow all the codes for food advertising to promote its healthy and nutritional value. I will also make sure that my advertisement will be honest and accurate to ensure my audience is fed the correct and suitable information.