The Advertising Standards Authority (ASA) is the self-regulatory organisation (SRO) of the advertising industry in the United Kingdom. The ASA is a non-statutory organisation and so cannot interpret or enforce legislation. However, its code of advertising practice broadly reflects legislation in many instances. The ASA is not funded by the British Government, but by a levy on the advertising industry.
Its role is to "regulate the content of advertisements, sales promotions and direct marketing in the UK" by investigating "complaints made about ads, sales promotions or direct marketing", and deciding whether such advertising complies with its advertising standards codes. These codes stipulate that "before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove all claims, whether direct or implied, that are capable of objective substantiation” and that "no marketing communication should mislead, or be likely to mislead, by inaccuracy, ambiguity, exaggeration, omission or otherwise".
Guy Parker has been Chief Executive of the ASA since June 2009.
History of the ASA
In 1961 the Advertising Association established the Committee of Advertising Practice (CAP) to draft the British Code of Advertising Practice (the CAP Code). In 1962 the industry set up the Advertising Standards Authority (so named even though it is not a public authority in the usual sense) to adjudicate on complaints that advertisements had breached the new Code. The ASA operated under an independent chairman who was to have no vested interest within the industry.
Not long after the inception of the ASA the Molony Committee considered but rejected proposals to introduce a system to regulate the advertising industry by statute. The Committee reported that it was satisfied that the industry could be regulated effectively from within by the ASA. A guarded comment within the report, however, warned that the self-regulatory system depended upon the satisfactory working of the ASA and the maintaining of acceptable standards.
Data protection
The ASA needs the full name and address of the complainant in order to ensure that the complaint is legitimate. These details are never disclosed without the complainant's permission, in accordance with the Data Protection Act 1998. The only cases where the ASA might ask the complainant for their permission to be named relate to complaints that a consumer has not yet received goods or wishes to be removed from a marketer's database. Even in these cases the ASA can reveal details only with the express permission of the complainant.
If the complaint comes from a competitor or someone with a trade or vested interest with the advertiser about which they are complaining, the ASA requires the company to agree to be named. This, according to the ASA, limits the number of petty or retaliatory complaints. The ASA proceeds only with the express permission of the complainant for their organisation to be named.
Investigations
The ASA begins an investigation by contacting the advertiser for its views on the advertisement and, where appropriate, substantiation of claims made in it. The ASA may on occasion seek advice from industry experts on more complex issues.
Once the investigation is complete, a draft recommendation is sent to both the advertiser and the original complainant for any comments. The draft recommendation is then submitted to the independent Advertising Standards Authority Council, which adjudicates on ASA investigations. The ASA Council then discusses the complaint and the draft recommendation, and votes on whether to uphold the complaint or not. The adjudication in full is subsequently posted on the ASA's website, and made available to the press and the general public.
Appeals procedure
If there are grounds for an appeal against an adjudication , the case is reviewed by the Independent Reviewer. A request for an independent review must be made within 21 days of the adjudication, and in writing direct to the independent reviewer, stating the grounds for appeal. Only the advertiser or the original complainant may request an appeal.
There are two grounds upon which an appeal can be lodged:
where additional evidence has come to light. If it is the advertiser that has brought additional evidence to bear, it must provide an explanation as to why the evidence was not available during the investigation.
where there has been a substantial flaw in either the ASA Council's adjudication or the investigation process.
The Independent Reviewer's decision as to whether or not to accept an appeal is final. Similarly, the ASA Council's adjudication on a reviewed case is also final
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