‘Legal, decent, honest & truthful’?

1. ‘Legal, decent, honest & truthful’? • Love it or loathe it, there’s no getting away from it: Advertising surrounds us all every day • Advertisers are continually looking for new ways to engage & appeal to consumers • Sometimes their attempts to inform & entertain misfire • All types of advertising should be honest & truthful, not cause serious or widespread offence & only make claims that can be backed up by documentary evidence

3. A short guide to what we do TheAdvertising Standards Authority regulates the content of advertisements, sales promotions and direct marketing in the UK Wemake sure standards are kept high by applying the advertising standards codes Wecan stop misleading, harmful or offensiveadvertising

4. How we do it TheASA investigates complaints made about ads, sales promotions or direct marketing.  Anyone can complain to us We also monitor ads ourselves to spot problems

5. The advertising standards codes Themain principles of the advertising standards codes are that adverts should not mislead, cause harm, or offend Thereare specific rules for certain products and marketing techniques  Theseinclude rules for alcoholic drinks, health and beauty, children, motoring, environmental claims, gambling, direct marketing and prize promotions

6. Banned adverts

7. Banned adverts Marspulled a Snickers UK TV ad after US complaints that it was offensive to gay people even though it was never shown on TV in the US TheAdvertising Standards Authority of the UK received just two complaints and did not investigate the commercial for a possible breach of the advertising code However, the ad caused a storm in the United States. The Human Rights Campaign criticised Mars for perpetuating "the notion that the gay, lesbian, bisexual and transgender community is a group of second class citizens and that violence against GLBT people is not only acceptable, but humorous” Marssaid that the ad was meant to be "fun", and that it never intended to cause offence

8. The role of the ASA • The Advertising Standards Authority was established in 1962 to monitor & regulate UK advertising • The ASA steps in when information in an ad appears to be dishonest or misleading, or when the attempt to entertain has gone too far & become offensive • The ASA code covers all mediums of advertising, including banner ads, internet pop-ups, SMS adverts & moving image posters as well as more traditional forms • When challenged, advertisers must prove their claims are true. If they cannot prove it, they cannot claim it

9. Code of Advertising Practice (CAP) • The main principles of the advertising standards codes are that adverts should not mislead, cause harm, or offend • Particular care should be taken to avoid causing offence on the grounds of race, religion, sex, sexual orientation or disability • There are specific rules for certain products and marketing techniques.  These include rules for alcoholic drinks, health and beauty, children, motoring, environmental claims, gambling, direct marketing and prize promotions

10. CAP Guidelines • Detailed guidance is offered to advertisers about what is acceptable, though the ASA claim they review each advert in context according to its medium, intended message & suitability for target audience. Like TV programmes, adverts may only be suitable for broadcast after the 9pm watershed • Categories include: fear & distress, safety, violence & anti-social behaviour, & comparisons with competitors

11. ASA Aims • Protect consumers • Reflect the public • Be responsible • Keep competitive claims in check • Embrace new challenges posed by new media forms

12. Advertising to children • On 1st July 2007 the Committee of Advertising Practice (CAP) brought into force new rules for food and soft drink product advertisements to children to help protect children’s health and recognise and respond to public concern about rising levels of childhood obesity. • In summary, the new rules state that advertisements for food or soft drink products should not: • Condone or encourage poor nutritional habits or an unhealthy lifestyle in children • Encourage excessive consumption of food or drink products • Use promotional offers in an irresponsible way • Use “high pressure” or “hard sell” techniques • Use licensed characters or celebrities popular with children if targeted directly at pre-school or primary school children • Give a misleading impression of the nutritional health benefits of the product.


13. Advertising to children • The rules provide for fresh fruit or fresh vegetables to be advertised using techniques restricted for other food or drink products • The new rules protect all children (defined as persons under 16)  • In recognition of the Government’s concern to target regulatory measures at primary school children, CAP has placed tougher restrictions on food or drink product ads that are directly targeted at primary school or pre-school children through their content

14. The BCAP Television Advertising Code • Food and soft drink advertising and children: Diet and lifestyle • Advertisements must avoid anything likely to encourage poor nutritional habits or an unhealthy lifestyle in children.
Notes: • (1) This rule does not preclude responsible advertising for any products including those that should be eaten only in moderation. • (2) In particular, advertisements should not encourage excessive consumption of any food or drink, frequent eating between meals or eating immediately before going to bed. • (3) It is important to avoid encouraging or condoning attitudes associated with poor diets, for example, a dislike of green vegetables. • (4) Portion sizes or quantities of food shown should be responsible and relevant to the scene depicted, especially if children are involved. No advertisement should suggest that a portion intended for more than one person is to be consumed by a single individual or an adult’s portion, by a small child. • (5) Advertisements for food should not suggest that an inactive or sedentary lifestyle is preferable to physical activity.