Too close for comfort - A look into the Advertising Standards Authority (ASA) and the case for more controls on advertising - Adblock Bristol
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Too close for comfort A look into the Advertising Standards Authority (ASA) and the case for more controls on advertising
Adblock Bristol – Too close for comfort Adblock Bristol – Too close for comfort
Too close
for comfort
A look into the Advertising Standards
Authority (ASA) and the case for
more controls on advertising
Credits
Lead researcher and author: Ralph Underhill
Design and layout: laurence-ware.com
Published January 2020 by Adblock UK
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Adblock Bristol – Too close for comfort Adblock Bristol – Too close for comfort
Drivers don’t decide
their own speed limit,
or set their own fines.
Restaurants don’t
decide their own
hygiene ratings.
So why are advertisers
allowed to decide
their own rules about
what they can show us?
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Adblock Bristol – Too close for comfort Adblock Bristol – Too close for comfort
Contents
FOREWORD PART FOUR: THE CURRENT ADVERTISING RULES
INTRODUCTION • The current rules and what they cover
• What is in the codes?
PART ONE: ADVERTISING EVERYWHERE • What do the codes actually look like?
• How complaints relate to codes
• Advertising is big business • Adverts that breach the codes
• How much advertising are we exposed to? • How long does the process take?
• Neuromarketing • What action looks like
• Never too young for advertising • The sanctions
• But what is advertising?
PART FIVE: WHAT ARE THE COMPLAINTS AND ARE THEY LISTENED TO?
PART TWO: THE IMPACTS OF ADVERTISING
• What are we complaining about? The figures on complaints
• Adverts try to influence us, not inform us • What are you complaining bout?
• You can’t ignore adverts, even if you try • Not all complaints are equal
• Advertising has proven psychlogical impacts • Examples: KFC and MoneySupermarket
• Advertising shapes what we see as ‘normal’
• Advertising manipulates our feelings PART SIX: TIME FOR ACTION - WHAT WE NEED TO DO ABOUT IT
• Advertising helps fuel the environmental apocalypse
• Advertising hides animal cruelty • The ASA is not fit for purpose
• Advertising undermines our self-esteem and mental health • What needs to be done
• Independent regulation
PART THREE: HOW ADVERTS ARE CURRENTLY POLICED • Improvements to the complaints process
• Address the harm advertising causes
• Out of control... How advertising is currently policed • What can you do about it?
• No consent means more controls are needed • Further reading
• The Advertising Standards Agency (ASA)
• The Committee on Advertising Practice (CAP) BIBLIOGRAPHY
• ASA Board
• ASA Panels
• ASA Experts
• Lack of transparency
• Clearcast
• Office of Communication (OFCOM)
• Overview of the complaints process and roles
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Foreword
Advertising is everywhere; on our smart phones,
in the media, at the bus stop, in our streets. Many
communities in the UK are taking action organising
under the banner of Adblock UK to reduce the amount
of space advertisers have to push their messages on
us. Concerns range about advertising’s impacts on the
environment, our mental health, our aspirations, our
values and the dominance of consumerism in what we
consider to be the ‘good life’.
In their attempts to fill our public spaces with more and
more advertising screens, billboard companies like JC
Decaux and Clear Channel dismiss these objections and
tell us that all adverts are regulated by the Advertising
Standards Authority.
But the ASA is run by advertising industry figures who
seem unwilling to address this public disquiet. This
report looks at why the ASA is currently not fit for
purpose and what changes need to be implemented to
regulate the impacts of commercial messaging.
With Bristol aspiring to become the UK’s first ad-free
city, new Adblock groups have now formed in Cardiff,
Birmingham, Leeds and elsewhere. A national network
is forming to take this conversation forward.
If you’d like to start a new Adblock group in your area,
please get in touch on hello@adblockbristol.org.uk.
Robbie Gillett
Adblock Bristol co-founder
December 2019
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Introduction
If we don’t like advertising, then why don’t we just Through the Advertising Standards Authority
“I just
ignore it? (ASA), marketing companies are left to regulate
themselves despite the fact they are the ones actively
Unfortunately, it’s not that simple. Advertising is trying to manipulate us. They fund the ASA and
harder to avoid than ever before. You only have to exclusively staff the panels in control of producing
walk down a High Street, watch television, visit the the rules that govern advertising. They are also part
cinema, or switch on your tablet or smartphone to of the group that decides whether complaints are
ignore them”
see that ignoring advertising is almost impossible. valid. Finally, even in the rare cases where adverts
The number of adverts we see everyday is increasing are seen to have valid complaints against them the
and so is their sophistication. Wherever you go, action taken against advertisers is rarely more than
whatever you are doing you are usually being stopping an advert that has probably already run for
targeted by people trying to sell you something. a sizable proportion of it’s intended campaign length.
- what’s so
Advertising plays an important role in shaping both While some input into the process of regulation by
our culture and our motivations. Even if we try to advertisers might be argued for by some, the current
ignore it, advertising will still influence us. level of control over it seems disproportionate and
biased.
The idea that humans are simply information
wrong with
processing machines that can choose what we School kids don’t get to mark their own homework,
consciously take in and what we ignore is outdated restaurants do not determine their own food hygiene
and at odds with today’s understanding of how ratings, why then should those foisting adverts
the mind works. There is also a growing body of upon us (that we don’t ask for and don’t want) get to
evidence suggesting that the cumulative effect of decide what is appropriate for us to see?
advertising is likely to be impacting on how we feel
advertising?
and behave. Ironically it is advertisers that know this We need a new system that prioritises protecting
better than anyone. They manipulate our feelings people from advertising rather than protecting the
and emotions to sell us things - if this was not the interests of advertisers. We are not setting out to
case adverts would look very different - they would do away with advertising but rather bring it under
contain less emotional content, talking animals, control and regulated independently. It is no longer
aspirational ideals and more information about the appropriate for the foxes to be in control of the hen
products on offer. house.
The advertisers and the organization that regulates
them are just too close for comfort...
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Part One “Every year, advertisers
Advertising press a little further into
everywhere our lives, shrinking the
With every year that passes the abundance and
sophistication of advertising increases, we see more
uncontaminated space
adverts than ever before, many of which are being
targeted directly. Given this bombardment we need to
have confidence that those adverts are not doing us harm.
in which we may live.
In ways in which we are
often scarcely aware, they
change our perceptions of
the world, alter our values,
infiltrate the language.”
– George Monbiot
12 13
Advertising everywhere Advertising everywhere
20k
Advertising is big business
The fact that advertising exists is proof of its
to 40k
effectiveness in persuasion. The enormous amounts
of money funnelled into advertising budgets are
obviously helping to sell things. If this is not true
then every major company is essentially throwing a
sizeable percentage of its worth down the drain year-
Number of TV ads the
on-year.
In the UK alone advertising spend is estimated to average child in the UK, US
be £23.6 Billion a year. The larger companies now and Australia sees in a year
spend the equivalent of a small country’s GDP on
47
advertising every year. Clearly advertising works or
it would be a total waste of money. This position is
nicely summarised in a quote by Rory Sutherland
written in his former capacity as President of the
Institute of Practitioners in Advertising:
Number of TV adverts UK
“The truth is that marketing raises enormous ethical viewers are exposed to a day
questions every day—at least it does if you’re doing
it right. If this were not the case, the only possible
17,000
explanations are either that you believe marketers
are too ineffectual to make any difference, or you
believe that marketing activities only affect people
at the level of conscious argument. Neither of these
possibilities appeals to me. I would rather be thought
Number of TV adverts UK Neuromarketing in action, a consumer’s gaze and brain patterns are recorded pastemagazine.com
of as evil than useless.”
viewers are exposed to a year
How much advertising are we Fig 1. TV advert exposure in numbers 2011 figures
Neuromarketing The fact that we are unconsciously impacted and
exposed to? influenced by the messages we see is something
As Professor Agnes Nairn and Dr Haiming that those in advertising and marketing know only
There are many studies and figures about our Hang (see section 2) explain in their report on too well. That is why a whole field of advertising
exposure to advertising, although there does not ‘Advergames’: based on employing insights from neuroscience has
seem to be one definitive estimate out there, the emerged, called neuromarketing.
numbers opposite [Fig 1.] give you an example of its “We know from a substantial body of
scale. neuroscientific research that the brain processes “Neuromarketing is the application of neuroscience
However, these figures are nearly a decade old information (including advertising messages) to marketing. Neuromarketing includes the direct
and concentrate only on television. Recent attempts using two systems: implicit and explicit. Implicit use of brain imaging, scanning, or other brain
to record our exposure to all types of advertising processing happens at a subconscious level, is activity measurement technology to measure a
including digital show an even starker picture of automatic, fast and impulsive whilst explicit subject’s response to specific products, packaging,
how we are bombarded with advertisers messages. processing happens at a conscious rational level advertising, or other marketing elements. In some
It is estimated that the average American is exposed and is deliberate, slower and more effortful. These cases, the brain responses measured by these
to between 4,000 to 10,000 advertisements each day. systems appear to operate in separate parts of techniques may not be consciously perceived by
Taking the lower estimate, that is 1,460,000 adverts the brain and can lead us to form contradictory the subject; hence, this data may be more revealing
every year. attitudes. In other words we can tell a researcher than self-reporting on surveys, in focus groups, etc.”
Clearly this is too many to fully engage with that we believe that a particular product is bad for
or consciously process. However the fact we have our health whilst at the same time an implicitly The mere existence of neuromarketing seems to
not registered seeing an advertisement does not processed message can lead us to form a positive shatter the idea that advertisers are simply trying to
mean it has not affected us. Some used to think we feeling for the brand which can ultimately lead us to show us products and give us choices, their aim is to
could choose to respond only to what we see and buy the product.” influence us even if that is unconsciously.
consciously process. But psychological research now
suggests messages influence us at an unconscious
level.
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Advertising everywhere Adblock Bristol – Too close for comfort
Nothing more beautiful than the bond between a child and... its favourite brand Image Credit ‘Subtle’ product placement in Breaking Bad Image Credit
Never too young for advertising but should they? Surely their susceptibility means
children should be better protected, not exploited.
But what is advertising?
More than ever
advertising is
It is not just adults that are targeted by advertisers. But the above seems unambitious when compared The line between what is and is not advertising
Advertisers also understand the importance of to revelations that emerged in 2012 about US has become increasingly blurred in recent years.
establishing brand relationships as early as possible. marketing practices. Why wait for the child to be When most people think of an advert they probably
This article in Packaging Digest is candid: born when you can recruit an expectant mother
instead? Andrew Pole a statistician employed by
think of a TV commercial or a billboard or perhaps
a sponsored response to a google search. However,
bleeding into
Kids’ relationships with brands begin at a very
early age. At six months of age, babies begin to
american supermarket chain Target in the US
explained how they used data on spending habits
more than ever advertising is also bleeding into the
actual content of the media we consume. Product
the actual
recognize brands by forming mental images of
corporate logos and mascots. Brand loyalty may
of people to find out if they were pregnant and used
this information to advertise them further products.
placement is everywhere, from the Nationwide
cashpoint in Coronation Street to the Nokia phones
content of
begin as early as age two. By age 3, one out of
five American children make specific requests for “We knew that if we could identify them in their
used by Hollyoaks characters. Even newspapers
have started to run ‘advertorials’, articles where the the media
brand-name products. By age 5, children are ready
to make their own (parent-financed) purchases.
second trimester, there’s a good chance we could
capture them for years,”
content is written by the advertisers rather than
journalists. we consume
And by age 7, they are totally in control. With this With the amount and type of advertising we
control comes power— a power to make their own Companies know that at significant times in our are facing changing so rapidly clearly we need a
decisions. Add the complexities in a seven-and- lives we are more open to changing our behaviours, regulator that is up to the challenge. Two things are
older child’s life (including elusive tweens and teens) like our shopping preferences. A number of now becoming crystal clear:
and prepare yourself for potentially turbulent brand companies have been using statisticians in order to
relationships. Yet many of these relationships last mine the data they have on people’s spending habits 1. We are being subjected to more advertising in
a lifetime. In fact, in many categories over 25% so they can influence them to spend more. A Target more forms than ever before
of brand preferences persist from childhood to executive is quoted as saying:
adulthood. Adult brand allegiance is powerfully 2. Advertisers have made it clear that their goal is to
influenced by nostalgia and childhood associations. “And we found out that as long as a pregnant woman influence us on a subconscious level.
thinks she hasn’t been spied on, she’ll use the [Target
Whether these insights should be used in this way is store] coupons. She just assumes that everyone else With these two things in mind it is imperative we
deeply questionable. Children may be able to build on her block got the same mailer for diapers and understand the potential harm advertising can do to us.
a long-standing relationship with a brand by age 5, cribs. As long as we don’t spook her, it works.”
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Part Two “The primary function
The impacts of advertising, is, we are
of advertising told, to introduce a wide
Advertising undermines our wellbeing. It drives both
consumption and consumerism, and as a consequence
range of consumer goods
increases pollution and environmental degradation.
Adverts often manipulate our feelings to make us feel
bad about ourselves and our bodies - and even when
to the public and thus
we think we don’t notice them, they are affecting our
subconscious.
support the free market
economy, but this is clearly
not it’s only role; over the
years it has become more
and more involved in the
manipulation of social
values and attitudes,”
- Gillian Dyer,
Advertising as Communication
18 19The impacts of advertising Adblock Bristol – Too close for comfort
The reason we need greater controls on Low Attention
advertising is because of the potential harm it can Processing Model
do. Advertising impacts on us in many ways, a large
number of which we are not aware of. This model argues that Marketing stimulus
advertising affects us on i.e. advertising. packaging, product etc
Adverts try to influence conscious and sub-conscious
us, not inform us levels.
The entire point of advertising is to convince us to It is through the ‘low attention’
buy products by manipulating us in some way. If no processing that we take on Low attention High attention
manipulation was involved adverts would simply be learning about brands in ways processing processing
lists of features a product has and a description of which we are not consciously
how they work. Car adverts don’t tell you the amount
aware of.
of boot space, instead they tell you a story about how
exciting your life could be, using large amounts of
special effects. Even those in advertising, who may This leads us to form an
not frame it as manipulation, would certainly agree emotional association with Pre-attentive Automatic Shallow Explicit
that an advert is more than just information transfer. certain brands, affecting the way processing processing processing processing
The previous section highlighted that both big data we ‘feel’ about them, influencing
and neuroscience are being used to influence our our purchasing behaviour.
subconscious minds, what impacts might this type of
manipulation it be having? Advertisers and marketers are No learning Implicit Passive Active
well aware of this, and it means learning learning learning
You can’t ignore adverts, we are affected by advertising
even if you try whether we’re aware of it or not.
Research from the University of Bath shows
that we do not need to pay conscious attention to
an advertisement in order to be influenced by it.
The ‘Low Attention Processing Model’ argues that
because we are very accustomed to seeing adverts ‘Perceptual’ ‘Conceptual’ ‘Analytical’
on a daily basis our minds stop processing them memories memories memories
consciously and leave them to the subconscious to
deal with. Advertisers know this: some of the most
creative people in the world are currently employed
to create a slick repetition of brand images to create
familiarity. With familiarity comes trust. Trust in a
brand means we’re more likely to purchase them. All
Associations Persuasive
this can happen at a subconscious level. and meanings messages
Trigger Establish
emotional brand
‘markers’ benefits
Drives intuitive Drives rational
brand choice brand choice
Fig 2. A simplified illustration of ‘The Low Attention Processing Model’ developed by
Professor Robert Heath (University of Bath) & Professor Agnes Nairn (University of Bristol).
20 21Adblock Bristol – Too close for comfort Adblock Bristol – Too close for comfort
Ads tend to create what we see as normal in society, whether it is the representation of the family or the
type of people we expect to do certain jobs. Image Credit McDonalds are attempting to make links in your mind between family love and processed food Image Credit
Successful
Advertising has proven background? This view that advertising shapes our We would probably all agree that an entertaining
psychological impacts cultural expectations is supported by research and advert is better than a boring one, the use of humour
advertising has
something the ASA already accepts in the case of and over the top imagery have been a part of
Studying the impact of an individual advert is adult representation of gender only, as we will see advertising for decades. However there is a fine line
extremely difficult, but numerous studies suggest later in the report. between making adverts that entertain and adverts
these impacts are significant
Advertising manipulates our feelings
never been that manipulate. Attempts to associate products with
a certain feeling or family value is where this line is
• Television adverts for fast food cause people to
snack more on unhealthy foods[2] In 1928 Edward L. Bernays wrote “Men (people) are
about the not just crossed but stamped over.
The highs and lows of adoption have been used
• Exposure to ultra-thin models in advertisements
rarely aware of the real reasons which motivate their
actions.” The godfather of public relations knew even
actual product to sell fried chicken, a defining moment of peace
in the brutal first world war has been used to sell
and magazine pictures produce depression, stress,
guilt, shame, insecurity, and body dissatisfaction
back then, that successful advertising has never been
about the actual product but rather the unconscious
but rather the supermarket chocolate and a big burger chain has
tried to convince us that it is all about community
unconscious
in female college students[3] associations advertisers are trying to connect with it. and friendship rather than fatty highly processed
food. As discussed in the previous section some
• Children became significantly more likely to “The more abundant goods become and the more “neuromarketeers”, those using insights from
choose Pepsi over Coke after seeing a Pepsi
product placement in a film.[4]
removed they are from basic social needs, the more
open we are to appeals which are psychologically
associations neuroscience to inform advertising, have suggested
“the best advertising actually works through
• When 8-11-year-olds were happier with their
grounded…”
“The reason that we have to be “magically” induced
advertisers are emotional processing, not persuasion, and emotional
content is processed most efficiently at low levels of
lives, they became less materialistic. But more
material possessions did not make them happier.[5]
to buy things through fantasy situations and
satisfactions is because advertisers cannot rely on
trying to attention, not high”.
These advertisements are not attempting to
Advertising shapes what
rational arguments to sell their goods in sufficient
quantity.” connect with it tell you anything about the cost or function of a
product but simply trying to attach your feeling
we see as ‘normal’ “The primary function of advertising, is, we are about a certain issue to their product, even when
told, to introduce a wide range of consumer goods there are no obvious connections or associations
The representation we see around us, on to the public and thus support the free market between the two. While doing this with something
television, the internet, in magazines and in cinema economy, but this is clearly not its only role; over like excitement might still be cynical it is at least less
give us a sense of what the world around us looks the years it has become more and more involved in problematic. Do we really feel comfortable with a
like and importantly what ‘normal’ is. If TV shows, the manipulation of social values and attitudes, and society that tries to make us empathise with those
films and adverts consistently only show us white, less concerned with the communication of essential people who go through adoption in order to sell
straight, able-bodied people doing certain jobs information about goods and services.” fried chicken?
or roles then who are the role models for people,
especially children, who come from a more diverse – Gillian Dyer, Advertising as Communication
22 23Adblock Bristol – Too close for comfort Adblock Bristol – Too close for comfort
Advertising helps fuel the
environmental apocalypse While it may
Advertising fuels consumption, it is the engine of not be the
our unsustainable economy and throw away culture.
Advertising itself is shown to increase consumption,
but it is not just the fact that it encourages us to buy
responsibility
more things we don’t need but also the way it does it.
Fossil fuel guzzling vehicles, that are wrecking the
of advertising
climate, have adverts full of wildlife and habitats
threatened by climate change. While many products,
to decide what
often throwaway, are made to look life fulfilling and
part of an adventurous or healthy lifestyle. products are
While it may not be the responsibility of advertising created and
sold, it is their
to decide what products are created and sold, it is
their responsibility to decide how they are marketed.
Should travel adverts be able to highlight exotic
wildlife when the cheap flights they are offering
responsibility to Car adverts in particular use nature and open space to make their products look more attractive.
decide how they
They rarely, if ever, show the reality of cars stuck in traffic jams in congested urban streets. Image Credit
are actually causing harm to the environment on
which this wildlife depends? Should fast food outlets
and supermarkets be able to ignore the waste they
produce?
are marketed.
One important point to make is that just because
an environmental product is available to buy it does
not mean that it should be advertised and promoted.
Like smoking, high carbon products have an impact
on everyone, not just the user. They are also heavily
promoted through advertising. It was for this reason
that although still available to buy, the Tobacco
Advertising and Promotion Act 2002 banned the
direct and indirect advertising or promotion of
tobacco products. The situation for high carbon
products is similar. While it might be argued the
products should not be banned it is clear they are
harmful and that advertising them can longer be
seen as acceptable.
It is impossible to ignore the science and news
coverage about the severity of climate change. We
need to do something urgently. Like everyone else,
advertisers have a responsibility to try and resolve
the environmental crisis we face, that’s something we
will go back in the final section. A more realistic depiction of car travel?
24 25Adblock Bristol – Too close for comfort
Advertising is happy day, are allowed to contain cows frolocking in the
to hide animal cruelty grass or products that are made from factory farmed
poultry can be advertised using dancing chickens,
Just as adverts help normalise the roles of different even though both are equally as misleading as faulty
people in society they also create norms about financial information. This is something a large
animals. number of people feel strongly about with the 2018
KFC advert being the most complained about of the
We currently have a system where the advertising year.
codes rightly stop someone promising a false interest
rate on a credit card but if misleading information Even if adverts are seeking to be humorous they
relates to animals it is simply ignored. Adverts for are still attempting to link their product with happy
butter, that in reality are produced in intensive animals as it is good for the brand and opposite to
closed systems where cows don’t see the light of the reality you would find if you visited the sites
where the product is farmed.
A Lynx Deodorant billboard advert Image Credit
Advertising undermines our The American Psychological Association found
self-esteem and mental health that the sexualisation of women and girls in
advertising and other media is harmful to girls’
In ‘The Beauty Myth’ (1990), Naomi Wolf argues self-image and is linked to eating disorders, low self-
that as women moved further away from their role esteem and depression
as housewives and into the workplace, beauty ideals
were increasingly used by advertisers and magazines “A fairly substantial body of research agrees that
to control, manipulate and to keep women firmly in those who feel bad about themselves and who are
their role as the primary consumer. Wolf calls this exposed to advertising are much more likely to rush
tactic the ‘beauty myth’ and notes that: to purchase all the toys, gadgets and electronics that
we are urged to buy. They think it will make them
“Someone must have figured out that they [women] feel better. But of course it doesn’t - it just creates
will buy more things if they are kept in the self- a vicious circle of watching, wanting and poor
hating, ever-failing, hungry and sexually insecure well-being. It can also cause tension in families as
state of being aspiring “beauties.” kids ask for things they can’t have and parents feel
endlessly guilty about buying stuff and about not
- (Naomi Wolf, The Beauty Myth (Vintage 1991) buying stuff. No one really wins, apart from the
retailers.”
As we are bombarded with marketing images
from a young age, the impacts on our mental - Professor Agnes Nairn, University of Bristol
wellbeing have been well documented. Eating
disorders such as bulimia and anorexia have So we have seen how advertising does us harm,
increased in the UK: doubling between 2010 and the next question is why are we not being protected
2017 with a particular surge amongst teenage girls from this harm? Who is currently responsible for
and women in their early 20s. More recently the controlling advertising?
constant portrayal of unrealistic beauty and body
images in social media, using similar airbrushing
and alteration techniques used in advertising, has led
to a rise in cosmetic surgery requests.
A KFC advert from 2011, shows the misleading portrayl of a chicken with room to dance.
Contrasted with the reality of conditions inside a KFC supplier
26 27Part Three “We have to strike the
How adverts right balance between
are currently those we regulate and
policed those we protect...
Advertising is self-policed. Advertisers pay for their own Doing so in a way
regulation and get to write their own codes (the rules
that advertisers have to follow). The advertising regulator
is unable to give out fines even when rules are broken. that’s fair and balanced
The punishment given to those adverts that ignore the
codes is usually a slap on the wrist or at worst the advert
is removed. However, adverts are only removed once an towards businesses
investigation into breaches has been undertaken, which
can take up to 100 days.
and advertisers,”
- Advertising Standard Authority,
Our commitment to good regulation
28 29Adblock Bristol – Too close for comfort Adblock Bristol – Too close for comfort
Out of control... How advertising
is currently policed The Advertising
Advertising is “self-regulated”. What this means in Standards
practice is that the regulatory body, the Advertising
Standards Authority, is run by and paid for by
advertisers.
Authority is
This may seem reasonable at first glance. In order
to see its shortcomings it may help to look at other
both run by
examples. Would we we allow water companies to
control water-quality or the Food Standards Agency
and paid for
to be replaced by a group appointed entirely by
supermarkets and the food industry? The “horse by advertisers
meat scandal” in Britain in 2013 (where horse
was labelled as beef in many products) and VW
emissions scandal show a clear need for independent
regulation. While neither scandal was directly the
result of self-regulation, both were caused by rolling The Advertising
back enforcement and reducing checks relying more Standards Agency (ASA)
on trusting those involved to follow the rules in
place. According to the ASA their role is:
While successive governments have striven for
less regulation and more voluntary approaches, The Advertising Standards Authority (ASA) is
evidence that these self regulatory approaches work the UK’s independent advertising regulator. The
is thin on the ground. What incentive is there of ASA makes sure ads across UK media stick to the
industry to adhere to the rules? If they make the advertising rules (the Advertising Codes). Numerous scandals, such as the car emissions scandal being satirized by Barnbrook in the
Brandalism project above, show that business has little interest in policing itself Image Credit
rules and also apply them - who is there to keep an
independent eye on things? The Advertising Standards Authority (ASA) could
The onus on so called “self regulation” is made be better described as the UK’s “semi-independent” The Committee on • Mobile UK
all the more concerning because advertising isn’t advertising regulator. It is paid for by the advertising Advertising Practice (CAP) • News Media Association
necessarily something we made a choice about being industry and members of the industry sit on its • Outsmart Out of Home
subjected to. boards, panels and committees. As the ASA is paid According to the ASA the role of the CAP is: • Professional Publishers Association
for directly by advertisers it has a direct interest • Proprietary Association of Great Britain
No consent means more in keeping them happy. Much of their online The Committee of Advertising Practice (CAP) is the • Royal Mail
controls are needed and published material focuses on proportionate sister organisation of the ASA and is responsible • Scottish Newspaper Society
intervention and highlights the small number of for writing the Advertising Codes. The ASA and • Clearcast
It is because of the impacts mentioned in the adverts that receive sanctions or break the codes and CAP are committed to regulating in a way that • Radiocentre
previous chapter (ref xx) that advertising needs the large number of cases that are resolved without is transparent, proportionate, targeted, evidence-
stricter controls. The content of advertising is the need for any action. based, consistent and accountable. While the broadcasting equivalent (BCAP) is made
not like other materials. Although you may buy a up of the following:
newspaper, go to the cinema or switch the television “We have to strike the right balance between those It is comprised entirely of industry people.
channel and understand that the content includes we regulate and those we protect. By making ads • Advertising Association
some advertising you have no choice about what responsible we protect people and help them feel According to the ASA website - CAP membership • Sky UK Ltd
advertising you will be exposed to. You have no more confident in the ads they see and hear. By consists of representatives from the following • Channel 4 Television Corporation
control over the content and must trust that the doing so in a way that’s fair and balanced towards organizations, all of which are from the industry: • Channel 5 Broadcasting Ltd
regulator has ensured that what you hear or see will businesses and advertisers, we allow responsible • Commercial Broadcasters Association (CoBA)
not harm or offend you. In other circumstances you advertising to flourish.” • Television on Demand Industry Forum • Direct Marketing Association
have no choice at all, billboards and bus stops fill our • Advertising Association • Electronic Retailing Association UK
public space with advertising whether we like it or The above quote from the ASA document Our • Cinema Advertising Association • Incorporated Society of British Advertisers
not. Advertising has a single purpose, to make you commitment to good regulation shows the emphasis • Direct Marketing Association • Institute of Practitioners in Advertising
buy a product. If we have no choice about what we put on “balancing” the needs of both those being • Direct Selling Association • ITV plc
see, we should at least be assured that it is not doing regulated and the public. Surely the public should • Incorporated Society of British Advertisers • Radiocentre
us harm. come first? • Institute of Practitioners in Advertising • S4C
• Institute of Promotional Marketing • BT
• Internet Advertising Bureau • STV
30 31Adblock Bristol – Too close for comfort Adblock Bristol – Too close for comfort
As you can see, both the CAP and BCAP So while these panels sit outside the standard
memberships are entirely made up of industry process of code writing and making rulings on The Committee on The Broadcasting Committee
representatives. complaints they have an influence on both. Given Advertising Practice (CAP) on Advertising Practice (BCAP)
that the codes themselves are already produced by
ASA BOARD a group of advertisers it is unclear why the panels
themselves are necessary. Even if they existed as
This board is made up of industry people and a consultative forum, given the involvement of
so-called independents that are from broadcasting industry people at every stage from code writing LOGO LOGO
or consumer rights groups. This body reviews to decision making it is unclear why further
complaints but importantly are not involved in consultation would be required. It appears to be
writing the codes; that process is advised entirely by another way in which the ASA’s independence is
those in the industry. questionable, the informal nature of the role of the
panels makes decision making seem unclear and
ASA Panels untransparent from the outside.
LOGO LOGO
According to the ASA website, the role of the panels ASA Experts
is as follows:
The ASA also have a number of experts to help
“The advertising industry is central to the success advise them on claims made by adverts. They have
of the self-regulatory system; as part of that, CAP experts to help justify claims about the health or
receives valuable support from three industry panels skin care benefits of products but none qualified in
– the Industry Advisory Panel, the Promotional looking at the harm advertising does. LOGO LOGO
Marketing and Direct Response Panel and the
Online Publications Media Panel. Lack of transparency
The Panels bring together advertisers, creatives, This self-funding, arms length from government
media planners and publishers who volunteer approach also produces other problems. It is
their time to give advice on regulatory aspects imperative that independent regulators are both
of marketing communications. The Panels also transparent about their processes and open to LOGO LOGO LOGO LOGO
provide a forum for the exchange of information questions about them. However, the lack of
and ideas between the industry and the ASA and government involvement means that the same
CAP. rules and levels of scrutiny do not apply. Take the
Freedom of Information Act as an example, this
The Panels’ opinions are not binding on either the paragraph is from the ASA website. LOGO LOGO LOGO LOGO
ASA and CAP Executive team or the ASA Council.
The panels may be asked to discuss: The ASA has taken legal advice. CAP understands
that the Act does not apply to ASA, ASAB, CAP
• A recommendation before the ASA Executive or BCAP because they are not classed as “public
Fig 3. Members of the CAP and BCAP
gives it to Council, either at the request of the authorities”. People who believe they can request
Executive or any party to the complaint. The information under the Act, or are concerned that
Panels’ opinion will not be included in the the ASA or CAP might release sensitive information Their website even states that their job is to “get only vet the scripts. The filming and editing can
recommendation but will be reported to Council. to others, are mistaken. adverts on the air and keep them there”. make a huge impact on the end result. It can change
• Specific copy advice the emphasis and focus of the story meaning that
• The application of a Code rule Given its role as a regulator the ASA should be Pre-screening is obviously used at the script elements that may have adverse impacts on people
• Common industry practice or, subject to FOI requests like other public bodies. phase as advertising is an expensive business and could be in the finished product that were not
• Other general regulatory subjects. advertisers want to know their TV ads will be obvious in the script.
Clearcast compliant before potentially hundreds of thousands
CAP may also use the Panels to help draft of pounds are spent. However, it is strange that Office of Communication (ofcom)
Advertising Guidance or revisions to the Codes This is a group independent from the ASA and for broadcast a separate, less independent body is
for its consideration. The Panel will almost never directly funded by ITV, Channel 4, Sky and Turner. involved in the pre-screening process. Getting to Used to be in charge of television advertising but
consider scientific or highly specialised evidence: Their role is to vet scripts (not actual adverts) for the ASA to do this role would make much more has now given this responsibility to the ASA. The
where necessary the ASA and CAP Executives will screening against the ASA’s Codes before they sense and give at least the air of independence to the ASA reports to Ofcom about complaints. Ofcom
instruct outside experts on matters beyond the get made. They frame themselves as much less process. are still responsible for non-advertising content on
collective knowledge of the Executive and Council.” independent than the ASA and are often asked to television.
argue on the side of advertisers against a compliant. Lastly, it is important to point out that Clearcast
32 33Adblock Bristol – Too close for comfort Adblock Bristol – Too close for comfort
Overview of the complaints How a complaint
process and roles is processed by the ASA
• The ASA is the regulator for advertising. As we will see in the How many complaints received
• Television adverts are screened by Clearcast, a
following section very few
complaints are investigated, by the ASA are upheld?
group paid for by television channels. They only but those that are end up
look at the script to clear it and once aired they
with rulings being published
help advertisers respond to complaints
on the ASA website. The codes used
• Complaints about adverts have to be within the are written by
remit of the advertising codes. The rulings are available the CAP panel, a
for anyone to see and it’s board appointed
• These codes are produced by the ASA panels that interesting to note how few by the ASA itself,
are made up of industry representatives. of the complaints result in Complaint Advertising consisting entirely
any sort of action. Standards Authority of advertising
• The ASA then compares complaints against the compares complaint industry
codes.
against codes organisations.
• The ASA panels may comment on the complaint
providing information to influence the decision.
• If it is a broadcast complaint Clearcast will argue
against any breach in the codes Not Investigated Investigated
• Many complaints are resolved informally by the
70% 30%
ASA with the advertisers.
• A small number of complaints are investigated,
these go to the ASA council.
The ASA does not Less than 30% of
• With the help of a Council, the ASA make investigate over 70% complaints received
decisions on complaints.
of all complaints are investigated
received
Not upheld Upheld
98% 2%
Of investigated
Of investigated
complaints lead to complaints are ‘upheld’
no ‘formal action’ leading to formal
action. This is 0.6% of all
complaints received
Fig 4. The ASA comlaints procedure
34 35Adblock Bristol – Too close for comfort Adblock Bristol – Too close for comfort
Part Four
The current
advertising rules
The advertising codes are the rules, written by advertisers, that state
what adverts can and can’t include. They are currently focused on
factual accuracy and claims about products do little to address the
social and environmental harms advertising causes.
36 37Adblock Bristol – Too close for comfort Adblock Bristol – Too close for comfort
The current rules As you can see there are a large number of codes. Applies to Applies to
and what they cover It is somewhat overwhelming if you want to check Code non-broadcast broadcast
if a code has been breached there is a lot of work (Internet/newspapers/
(TV and radio)
billboards etc)
There are separate codes for broadcast (tv and radio) for a consumer to do. Considering almost all of the
and non-broadcast media. This table lists all of the codes listed are primarily concerned with whether
different codes (For full details on every code visit claims are factual or if content could be considered Food, food supplements and Yes Yes
the ASA website). Some codes are the same in terms misleading it would make sense to streamline them Yes
associated health or nutrition claims
of what they cover, but different in terms of the making room for more codes that cover the potential
detail for the codes for broadcast and non broadcast. impacts of advertising Gambling Yes Yes
Lotteries Yes Yes
Alcohol Yes Yes
Applies to Applies to Motoring Yes Yes
Code non-broadcast broadcast
(Internet/newspapers/
(TV and radio) Employment, homework schemes Yes Yes
billboards etc)
(Rules restricting
and business opportunities advertisements
for homeworking
Compliance Yes Yes schemes to ensure
they do not mislead)
Recognition of marketing Yes Yes
communications (Recogniton of Tobacco, rolling papers and filters No Yes
advertising in
Broadcast) Yes
Electronic cigarettes No
Misleading advertising Yes Yes Prohibited categories No Yes
Harm and offence Yes Yes Weight control and slimming No Yes
Children Yes Yes Faith, religion and equivalent No Yes
Privacy Yes Yes systems of belief
Political advertisements Yes Yes Charities No Yes
(Ban on political Betting tipsters No Yes
advertising,
including definitions
on what is
Premium-rate telephone services No Yes
considered political)
Telecommunications-based sexual No Yes
Promotional marketing Yes No entertainment services
Distance selling Yes Yes Instructional courses No Yes
Use of data for marketing Yes No Services offering individual advice on No Yes
Environmental claims Yes Yes consumer or personal problems
Medicines, medical devices, Yes Yes Introduction and dating services No Yes
(but beauty
health-related products products not Competitions No Yes
mentioned in
and beauty products code title) Private investigation agencies No Yes
Weight control and slimming Yes Yes Pornography No Yes
Financial products Yes Yes Other categories of radio No Yes
(Rules for all financial advertisements that
advertisements,
includes provisions require central copy clearance
on interest rates and,
lending and credit) Electronic cigarettes No Yes
Scheduling No Yes
Fig 5. A summary of the advertising codes titles
38 39Adblock Bristol – Too close for comfort Adblock Bristol – Too close for comfort
FIG X
What is in the codes? What do the codes
The majority of codes relate to whether an
actually look like?
ASA Code for Harm and Offence:
advert is misleading. As well as a specific code To give one example of
about misleading advertising most of the codes a full code, here is the 4. Harm and offence 4.4 Marketing communications must
about specific types of advert - cosmetics/food/ non-broadcast code contain nothing that is likely to
homeworking/financial services/environmentally for harm and offence. Principle: Marketers should take condone or encourage violence or
friendly products/etc - are also largely focused on account of the prevailing standards anti-social behaviour.
whether an advert is making false claims or not. in society and the context in which a
It would make it more manageable for those marketing communication is likely to 4.5 Marketing communications,
making a complaint if the codes were reordered How complaints relate to codes appear to minimise the risk of causing especially those addressed to or
more simply.
harm or serious or widespread offence. depicting a child, must not condone
The idea of having codes is sensible but if they If you make a complaint it will only be addressed
consistently fail to cover between 70 and 80% of if it is seen to be in breach of one of these codes. or encourage an unsafe practice (see
complaints (see next section) then they do not Rules: Section 5: Children).
appear to be fit for purpose. Only when codes cover the nature of the
complaint will an investigation happen. However, 4.1 Marketing communications must 4.6 Marketing communications must not
To give one example of a full code, opposite is the these small number of investigations are highly not contain anything that is likely encourage consumers to drink and
non-broadcast code for harm and offence. [Fig x] dependent on what the CAP have written codes to cause serious or widespread drive. Marketing communications
about. offence. Particular care must be must, where relevant, include a
Notice that “widespread offence” is frequently taken to avoid causing offence prominent warning on the dangers
mentioned but not defined. Also the code states For example; the most complained about advert on the grounds of race, religion, of drinking and driving and must not
that “The fact that a product is offensive to some of 2018 was the use of dancing chickens in a KFC
gender, sexual orientation, disability suggest that the effects of drinking
people is not grounds for finding a marketing advert. Many found this ad offensive. The code
or age. Compliance will be judged alcohol can be masked.
communication in breach of the Code.” While this on offence or on misleading advertising doesn’t
may seem a sensible assumption it fails to set out cover the issue of misrepresenting animals and on the context, medium, audience,
what criteria make something offensive. While we their conditions. This is despite having so many product and prevailing standards. 4.7 Marketers must take particular care
understand and agree what offends one person of the codes relate to different types of misleading Marketing communications may not to include in their marketing
might not offend us all we must have some workable information. In this instance then the ASA stated be distasteful without necessarily communications visual effects
criteria that are easy for everyone to understand. that as the slaughter of the animals was not breaching this rule. Marketers or techniques that are likely to
Clearer criteria for what is considered offensive mentioned then it could not be considered offensive. are urged to consider public adversely affect members of the
would both help the public making complaints sensitivities before using potentially public with photosensitive epilepsy.
and allow the ASA to more clearly demonstrate the Adverts that breach the codes offensive material.The fact that
reasons for its rulings. a product is offensive to some 4.8 Marketing communications must not
If an advert is found to breach a code by the ASA
people is not grounds for finding a portray or represent anyone who is,
The codes themselves are highly ambiguous which then action can be taken.
marketing communication in breach or seems to be, under 18 in a sexual
makes decisions made using them hard to challenge.
This is particularly true for section 4.2 that states of the Code. way. However, this rule does not
How long does the process take?
“must not cause fear or distress without justifiable apply to marketing communications
reason”. Given the involvement of advertisers in If investigated the process can typically take between 4.2 Marketing communications must whose principal function is to
the regulatory process they are likely to have the 60 and 115 days according to the ASA annual report not cause fear or distress without promote the welfare of, or to prevent
biggest influence over deciding what is, and will be, figures. This means in many cases an advert can run justifiable reason; if it can be harm to, under-18s, provided any
considered “justifiable reasons”. for all, or at least the majority of its intended time justified, the fear or distress should sexual portrayal or representation is
even if the complaint ends up being upheld. not be excessive. Marketers must not excessive.
You will note that the rules on environment [Fig not use a shocking claim or image
x] are based purely on claims made about products, merely to attract attention. 4.9 Marketing communications must not
the code itself is called environmental claims. This
means that the rules only apply if an advert claims a
include gender stereotypes that are
4.3 References to anyone who is dead likely to cause harm, or serious or
product is better for the environment than it is and
has no evidence to prove it. There is nothing limiting must be handled with particular widespread offence.See Advertising
the advertising of environmentally damaging care to avoid causing offence or Guidance: “Depicting gender
products or that stops advertising from using the distress. stereotypes likely to cause harm or
environment to sell products that damage it. serious or widespread offence”
Fig 6.
40
40 41Adblock Bristol – Too close for comfort Adblock Bristol – Too close for comfort
FIG X
The sanctions
What does ‘action’ look like. What
ASA Code for actually happens when a complaint
is upheld?
When a complaint is formally upheld, the few
3. The ASA tells people about the
breach of code.
sanctions that can happen are all of relatively low
Environmental Although there was nothing readily available on
consequence: The ASA may send an “Ad Alert” that makes
people aware that the breach occurred, this is purely
claims: the ASA website about it, a Daily Telegraph article
on the regulator suggested that the executive body
•
•
No action
The advert is pulled
a public shaming mechanism and has no formal
status.
does have one power that is infrequently invoked. • The ASA tells people about the breach
11 Environmental claims • Withdrawal of trading benefits 4. Withdrawal of trading benefits
In exceptional circumstances the ASA’s executive • Further adverts could be pre-vetted
11.1 The basis of environmental body can instruct an advertiser to remove a According to the website the ASA can “can revoke,
claims must be clear. Unqualified particularly offensive or misleading advert pending 1. No action withdraw or temporarily withhold recognition and
claims could mislead if they omit the final outcome of an investigation. trading privileges. For example, the Royal Mail can
significant information. This was the case in 2006 when the then chairman In a number of causes even when a complaint is withdraw its bulk mail discount, which can make
of the ASA, Lord Borrie, ordered the immediate upheld the action is simply to say the advert did not running direct marketing campaigns prohibitively
removal of adverts for thepool.com, an online conform to the codes and future adverts should not expensive.” So this sanction is removing a benefit or
11.2 The meaning of all terms used
gambling company, which he deemed had broken do this. The advert is not even pulled or in many privilege the industry has rather than taking away
in marketing communications must
strict rules banning the promotion of gambling to cases has already run its course. any sort of basic ability to trade the organisation
be clear to consumers. under 18s. has.
2. The Advert is pulled… after
11.3 Absolute claims must be Some adverts are changed or modified through running for quite a long time 5. Pre- vetting
supported by a high level of informal contact with the ASA during the
substantiation. Comparative claims investigation process so these complaints are not This minimal sanction is actually the harshest The absolute worst multiple offenders might have
such as “greener” or “friendlier” considered to be “upheld”. When a complaint is type of action under the current regime. However, to have their adverts seen by the ASA before release
can be justified, for example, if the “upheld” this means that it has been found to be in how much of a penalty this actually is depends on a
advertised product provides a total breach of the advertising codes. couple of factors. For the carrot to work
environmental benefit over that of Even the most offensive of misleading adverts
you need a stick
is likely to get some of its advertising seen. Both
the marketer’s previous product or
advertisers and complainants have 21 days from Many people would find it astonishing that
competitor products and the basis of
when a complaint is raised to refer it to investigation creating an advert that breached advertising codes
the comparison is clear. (there is no information on how long it takes a did not result in any type of monetary fine. The
complaint to be raised). current sanctions seem inadequate when we think
11.4 Marketers must base By its own admission the ASA states that “A small about the potential impacts advertising can have on
environmental claims on the full number of our most complex cases can take six us. We need substantial changes to the system and
life cycle of the advertised product, months”. recommendations for what these changes might look
unless the marketing communication This means that even if an advert has been seen to like can be found in the last section of this report.
states otherwise, and must make breach the very narrow set of codes it may already
clear the limits of the life cycle. If a have been taken off the air or out of print before the
general claim cannot be justified, a ruling and the only punishment dished out is to pull
the advert.
more limited claim about specific
This means that even under the tightest time
aspects of a product might be
frames the worst adverts will still get to run for
justifiable. Marketers must ensure around a month before they are pulled. In that time
claims that are based on only part misleading or offending thousands or millions of
of the advertised product’s life cycle people.
do not mislead consumers about
the product’s total environmental
impact.
[for the rest of these codes see the
ASA website]
Fig 7.
42 43You can also read
