Up until now, each industry regulator you have met has been tied to the medium, not the message. If film is the medium, the story of The Lion King is the message. If TV is the medium, the episode of EastEnders is the message. The medium is the way in which you’ve chosen your message to be transmitted.
We’ve seen that the BBFC regulates the medium of film, meaning it screens every film. Ofcom regulates the media of TV, radio and internet, not just TV comedy shows or radio quiz shows. There isn’t a separate regulator for each genre of message those media could broadcast – otherwise there would be hundreds of them.
In anything, there is always at least one exception. There is one type of media message that can be broadcast on just about any medium you care to mention. You can absolutely find it on TV, radio, the Internet, in newspapers and magazines and even in video games and films. You can find it anywhere there is the time and space to be seen or listened to by an audience and the willingness to get the message out there – and that means it is everywhere with one goal in mind: to persuade you to buy products and services.
We are, of course, discussing advertising, and that means we’re discussing a very special regulator whose purview is a particular message, not a particular medium: the Advertising Standards Authority, about whom you could be asked alongside Quality Street/This Girl Can at GCSE and Tide/Kiss of the Vampire at A-Level.
Like IPSO or the BBFC (but unlike Ofcom), the ASA is not a government office, meaning it is independent. Since the ASA deals with a message rather than a medium however, who it deals with in the event of a complaint is a little bit different. If you complain about an ITV show to Ofcom, Ofcom deals with ITV. If you complain about The Sun to IPSO, IPSO… you see where this is going!
If someone complains about a Coca-Cola advert in the UK, however, it is not necessarily Coca-Cola’s UK arm that the ASA would deal with – at least not at first. Since advertising is a nuanced process that seeks to persuade, influence and subtly alter attitudes to get you to hand over money, it is very specialised work. The very smallest companies on a tiny budget might handle their advertising ‘in-house,’ but almost all companies are willing to outsource, paying good money (and entrusting their brand) to an advertising agency.
A good advertising agency will boost your sales and could turn your product or service into a household name – a bad one could take all your hard work and see your sales slump, make your company a laughing stock or even tie your product irreversibly to a controversial ad campaign.
Helping companies choose is the fact that any reputable firm can secure itself an ASA seal of approval. If this is sounding an awful lot like IPSO’s model, then well done for drawing that comparison because it’s correct. Just as publications do with IPSO, advertisers themselves fund the ASA and, in return, can identify themselves as ASA members. Not only does this mean that those companies can access a range of guidance and advice but it also means that they promise to uphold the ASA’s code…
…actually, codes. The ASA has a Committee of Advertising Practice (CAP) that splits itself into two branches: one for TV, radio and the Internet, which it considers to be broadcast media, and another for newspapers, magazines and print media, which it (though many of us may disagree) considers to be non-broadcast.
It will come as no surprise to learn that the CAP’s codes have a lot in common with those of other regulators. Remember: everything ultimately starts with the law of the land. The CAP covers things like:
- Ensuring adverts don’t break and laws, including being fair, responsible and devoid of any harm or offence, remembering that ‘harm’ can be social, political and economic as well as physical, mental and emotional; - Making sure it’s clear when an advert is an advert. This not only stops any confusion where adverts get particularly creative but also prevents advertisers from advertising to an audience that is unaware they are being advertised to (subliminal messaging); - Gender. In recent years, the ASA has introduced a raft of new guidance on the representations of gender. This has included not showing gender roles (e.g. Dad doing the DIY, Mum doing the washing up) but also not showing genders failing at certain tasks (e.g. Dad not coping with the kids while Mum is on the beach, Mum being unable to fix her car at the roadside); - Misleading advertising, which is just about the biggest part of the CAP’s codes and the bit that advertisers most often fall foul of. Under- or over-stating things or not disclosing information fully or clearly are among the fastest and most common ways to get into trouble with the ASA;
- Protecting children, in terms of when, how and why they are advertised to; - Ensuring the privacy of customers and their data (especially online); - Ensuring that competitions and promotions are run fairly; - Distance selling regulations (i.e. anything not sold in a store).
The CAP’s codes even go so far as to cover specific products and services that are known for causing particular issues. This list is dynamic, changing as the consumer market does, but right now is notable for specifically singling out things like:
- Health and diet products (especially in terms of their claims); - Smoking products and alcohol – the advertising of tobacco in the UK is a huge historic case study in and of itself that has shaped the CAP’s code; - Financial, banking and insurance services – note that the ASA challenges how these products and services are advertised, not the impact of the products and services themselves, which is down to the Financial Conduct Authority; - Gambling.
That’s not the full list and you certainly don’t need to know it, only that the ASA is very ‘on-the-ball’ with emerging products and services that are relatively new to both the market and the UK’s laws.
There’s one key area missing from the CAP that you’ll find in other regulators’ codes – politics. The ASA specifically doesn’t cover political advertisements as it can’t do this and be a neutral, non-government body. Instead, where issue is taken with political advertising, the ASA has to direct plaintiffs to the political party in question.
Otherwise, just like the other regulators you’ve met, the ASA has a complaint process that’s open to companies and organisations all the way down to you, me and every other member of the public. Uniquely, even competitors can complain to the ASA. Asda, for example, could complain to the ASA if Tesco chose a firm to run an advert incorrectly quoting higher prices at Asda.
Just like the other regulators, the complaint is investigated. Where possible, the ASA encourages an informal solution between the company and the plaintiff, but sometimes a formal ruling is needed. If the advertiser is at fault, they can be fined and/or made to alter the advert. In extreme cases, the advert can be banned entirely.
Interestingly, this latter sanction sometimes ends up working in the favour of the advertising firm and brand/product. Controversial ad campaigns and ASA investigations are, ironically, a form of advertising in and of themselves. When something is banned, it only generates more interest in it – what some commentators have nicknamed the so-called ‘Streisand-effect’.
Other times, of course, the ban of the advert and the associated controversy can spell the end of both the advertising firm and the product or brand they were representing. It’s a very high-stakes gamble that most advertisers wouldn’t dream of making.
You don’t need to know any specific case studies for your exam, though a Google News search for ‘banned asa adverts’ will bring up plenty of examples from the last few weeks alone. It stands to reason that with the sheer volume of adverts out there that there are quite a few bans!
Even when the ASA’s work is done, that isn’t necessarily case closed. Since each medium has its own regulator, there is also the scope for an ASA investigation to raise the interest of other regulators. If I am mis-sold a financial service by a bank advert on TV, the ASA will sanction the advertiser, but Ofcom might then want to look at the wider practices of the TV channel in question while the Financial Conduct Authority would likely want to investigate the bank itself!
Of course, if an advertisement breaks the law, the ASA is bound like anybody else to notify the authorities.
In summary
Advertisers are a phenomenally powerful group. They influence our very thought processes at the consumer end of the spectrum, while at the company end they hold that company’s very reputation and future in their hands.
The ASA regulates advertising across all media, making it very different to the other regulators we’ve met who are specifically tied to a medium rather than a particular media text.
The ASA is very similar to IPSO in that it is independent and funded by the very industry it investigates, which enjoys accreditation in return for membership.
The ASA’s Committee of Advertising Practice (CAP) has specific codes for broadcast and non-broadcast media and even sections of its code for specific products and services whose adverts commonly draw complaint.
Next steps
Now is a great time to look at your case studies. At GCSE, ask yourself: would the Quality Street advert of 1956 pass muster today? How did This Girl Can – a provocative campaign – successfully comply with the ASA’s code? At A-Level, consider: why couldn’t you make an advert like Tide’s 1950 advert today? Could 1963’s Kiss of the Vampire be advertised in the same way for a 60th anniversary re-release?
Comments