The ASA regulates advertisements through two systems. The first is a system of 'self-regulation' and the second is 'co-regulation'. Self regulation is where the industry writes all the rules that adverts have to stick it. Non-broadcast advertising, including newspapers, posters, websites, social media, cinema, emails, leaflets, billboard, is covered by self-regulation. Co-regulation is another system where the ASA have arranged with the communications regulator or Ofcom. This grants responsibility to the ASA to regulate TV and radio advertising. TV and Radio advertising are pre-cleared before they are broadcast to ensure that the ads broadcasted stick to the rules.
The ASA also monitors advertisements in sectors where there are potential consumer protection issues or where there are societal concerns about specific products, such as age-restricted products like alcohol or gambling.
Ultimately, the ASA aims to make advertisements in the UK all legal and compliant with the advertising rules put in place. The accuracy and honesty of adverts are down to the ASA as they make sure that there are no misleading or harmful texts within adverts by proactively checking advertisements every year and responding to complaints of the audience. In the previous year, the ASA 'resolved over 29,000 complaints relating to just under 16,000 ads.'
The Committee of Advertising Practice (CAP) is the sister organisation of the ASA, which is responsible for writing the Advertising Codes involving the non-broadcast code and the broadcast code. For instance, there are rules regarding children if aderts are directed at them or featuring them. It will include rules about unsafe practices and unfair pressure on them and more which adverts will have to comply with upon the release. The CAP works alongside the ASA to support the media industry and help them get their ads right before they are published. Before an advert is published, the Advertising Codes are put to use as a form of guidance, pre-publication advice and training for the industry. Before an advert is published, the Advertising Codes are put to use as a form of guidance, pre-publication advice and training for the industry.
The Advertising Codes for Non-broadcast advertising is the rule book for non-broadcast advertisements, sales promotions and direct marketing communications and involves the following rules for:
- Compliance
- Recognition of marketing communication
- Misleading advertising
- Harm and offence
- Children
- Privacy
- Political advertisements
- Promotional marketing
- Distance selling
- Database practice
- Environmental claims
- Medicines, medical devices, health related products and beauty products.
- Weight control and slimming
- Financial products
- Food, food supplements and associated health or nutrition claims
- Gambling
- Lotteries
- Alcohol
- Motoring
- Employment, homework schemes and business oppurtunities
- Tobacco, rolling papers and filters
- Electronic cigarettes
Details on the Non-broadcast Code can be found on:
The Advertising Codes for Broadcast advertising applies to all advertisements including teleshopping, content on self-promotional television channels, television text, and interactive tv ads. It also applies to programme sponsorship credits on radio and television services licensed by the communications regulator. The code involves the following rules for:
- Compliance
- Recognition of advertising
- Misleading advertising
- Harm and offence
- Children
- Privacy
- Political and controversial matters
- Distance selling
- Environmental claims
- Prohibited categories
- Medicines, medical devices, treatments and health
- Weight control and slimming
- Food, food supplements and associated health or nutrition claims
- Financial products, services and investments
- Faith, religion and equivalent systems of belief
- Charities
- Gambling
- Lotteries
- Alcohol
- Motoring
- Betting tipsters
- Premium-rate telephone services
- Telecommunications-based sexual entertainment services
- Homeworking schemes
- Instructional courses
- Services offering individual advice on consumer or personal problems
- Introduction and dating services
- Competitions
- Private investigation agencies
- Pornography
- Other categories of radio advertisements that require central copy clearance
- Electronic cigarettes
- Scheduling
Details on the Broadcast Code can be found on:
There are several examples where the ASA and CAP have been forced to intervene with adverts that don't follow the Advertising Codes. Most recently, a worldwide backlash on a 'Pepsi' TV Advert featuring Kendall Jenner led to the removal of the advert from YouTube. The advert was heavily criticized and caused upset from audiences as they presumably made light of a serious issue concerning the movement of 'Black Lives Matter'.
Kendall Jenner for PEPSI Commercial from Shazzu on Vimeo.An article from the 'Independent' reads 'Pepsi was forced to bow to widespread criticism at the time and remove the video from YouTube. In a statement they said: "Pepsi was trying to project a global message of unity, peace, and understanding." The advertisement can be viewed on Vimeo above and this clearly shows how advertising censorship is important to ensure the audience are protected from any offensive showings. The ASA received many complaints on this advert and played an influential role in the ultimate withdrawal of the advert on YouTube by 'Pepsi'. It is clear how this advert has, perhaps inadvertently, not followed the Advertising Codes as it caused worldwide offence regarding the 'Black Lives Matter' movement. One example is where Kendall Jenner walks up to the police and offers him a Pepsi which supposedly ends police brutality. There are many implicit messages that the audience would take offense to. It is suggested that police brutality is not so serious and makes light of the situation which victims would clearly take offence to.
http://www.independent.co.uk/arts-entertainment/music/news/kendall-jenner-pepsi-advert-response-protest-police-model-criticism-backlash-a7929061.html
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