If you’ve ever come across an advertisement that simply seems “too good to be true,” you’re not alone.
Thankfully, the Advertising Standard Authority (ASA), acts as a “watchdog,” to ensure that ads being run across all UK media (TV, radio, print, online, etc.) follow the law.
But how does it work? And what does it mean for you as a consumer or business owner?
What is the ASA?
The ASA is an independent advertising regulator, meaning they are not government-formed and instead, they operate through the support of the advertising industry.
The ASA operates under consumer protection laws, such as the Consumer Protection from Unfair Trading Regulations 2008 and EU Directives (part of UK law before Brexit).
They were established under the Committee of Advertising Practice (CAP). CAP writes the UK Advertising Code for non-broadcast media and the Broadcast Committee of Advertising Practice (BCAP) which writes them for broadcast media. Thus, they are sister organisations and are regulated in a transparent, evidence-based and accountable manner.
However, the ASA is a respected organisation that is recognised by the government, the courts, and other agencies, such as the Office of Communication (Ofcom) and Trading Standards.
Although they don’t have the power to impose legal penalties, the powerful organisations that they work with do and they can assist in taking legal action when prompted to do so by the ASA.
How does the ASA ensure ads are following the law?
The ASA enforces the UK Advertising Codes. This set of rules ensure that advertisements are legal, decent, honest and truthful.
Specifically, they cannot:
- Be misleading or deceptive
- Make false claims
- Exploit vulnerable people (such as children)
- Promote unhealthy or unsafe behaviour
They work in two ways.
- They respond to complaints. If someone files a complaint over an ad that seems off, the ASA will further investigate the matter and take the necessary steps.
- They monitor ads regularly. Rather than simply waiting for reports, the ASA actively searches for potentially flawed ads as well. Risky areas such as health products, gambling and financial services are well-monitored to ensure that they are not misleading.
What happens if an ad breaks the ASA rules?
When the ASA decides that an advertisement is misleading, they can take action to ensure that it is removed or changed. To do so, they can:
- Inform media outlets (which often voluntarily comply with their rulings) that the ad is in violation of a rule and should be removed or changed.
- Promote bag publicity of the brand by publicly naming and shaming them, which will inevitably damage their reputation.
- Make a request to their partnered authorities, such as Ofcom and Trading Standards, to press charges against the rule-breaking advertiser
Why does this matter to you?
The ASA works to protect you from being misled or harmed by false advertisements.
This can be in regards to an overhyped beauty product, a dodgy financial service, or an exaggerated health claim.
But what happens when your business is the one facing a complaint or legal issue around your ads?
To ensure that your business is complying with UK advertising regulations, you can contact a solicitor to:
- Review your advertisements before they go live to ensure that they comply with all ASA guidelines and legal requirements.
- Handle complaints and guide you through ASA investigations if your ad is being challenged; this can include writing the communications to send out on behalf of your company.
- Defend your business if the ASA escalates the case to a regulatory body like the Trading Standards or OfCom.
Contact us!
At Freeman Harris, we work with clients across all industries and at all stages of the process. Whether you’re a start-up, about to launch your first advertisement, or you’re a well-known corporation in a tricky legal dispute that requires a personalized approach, we are here to help you.
