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1. Who regulates broadcast advertising?

Ofcom contracted out the day-to-day regulation of broadcast advertising content to the Advertising Standards Authority in November 2004.

The ASA, which has more than 40 years’ experience of regulating non-broadcast advertising (such as press, cinema, posters), assumed responsibility for television and radio advertising under a new co-regulatory system to become a ‘one-stop-shop’ for all advertising standards and consumer complaints.

Ofcom consulted extensively during 2003/4 on its initial proposals to transfer broadcast advertising content regulation to the new ASA-led system. Ofcom’s final proposals received Parliamentary approval, under the Deregulation of Contracting Out Act 1994, in July 2004.

Three new bodies have been created under the banner of the ASA with specific responsibility of broadcasting advertising. These are:

• The Advertising Standard Authority (Broadcast) ASA(B) – which is responsible for handling complaints.
• The Broadcast Committee of Advertising Practice (BCAP) - responsible for setting, reviewing, and revising standards codes for broadcast advertising.
• The Broadcast Advertising Standards Board of Finance (BASBOF) – responsible for the funding of the new system.

The ASA(B) and BCAP have inherited Ofcom’s television and radio Advertising Codes. The Codes will be reviewed and maintained by BCAP. Any changes which BCAP may wish to make in future must be consulted on and approved by Ofcom.

Ofcom retains ultimate responsibility in law for broadcast advertising, as set out in sections 319-325 of the Communications Act 2003, and has clear procedures in place to monitor the effectiveness of the new system to ensure that the interests of consumers are properly protected.

For further information on advertising content regulation, please go to: www.asa.org.uk

Or

The Advertising Standards Authority
Mid-City Place
71 High Holborn
London
WC1V 6QT
Tel: 020 7492 2222

2. What are the benefits are bringing advertising regulation under one roof?

Bringing all advertising under one roof will benefit the consumer by avoiding confusion on who regulates what and by providing a one-stop-shop for advertising standards and complaints.

The former television regulator, the Independent Television Commission (ITC), in a survey in 2002, ‘Television – The Public’s View’, found that more than twice as many people believed the Advertising Standards Authority rather than the ITC regulated advertising on television.

Such confusion is exacerbated by the growth in advertising on new and innovative media. A moving poster in a railway station, a video screen on a garage forecourt, or advertising reaching TV screens via a telephone line may appear to be TV ads but are in fact non-broadcast ads.

A single advertising regulator will also be able to bring a consistent approach to regulation of advertising campaigns which run across several media at once.

3. What is the Deregulation and Contracting Out Act?

The Deregulation and Contracting Out Act (DCOA) 1994 is a legislative instrument which allows public bodies to contract out some of their statutory functions to other bodies, subject to various conditions and restrictions. One of the conditions to such an arrangement is that the statutory body in no way surrenders its right to carry out any of the functions or duties granted to it by the primary legislation.

4. What powers does the ASA(B) have over broadcasters?

Many TV and radio broadcasters continue to pre-clear the advertisements they broadcast. Licences held by all broadcasters require them to comply with directions made by the ASA(B) which can:

• Require an advertisement to be changed prior to further broadcast
• Instruct the broadcaster to restrict transmission as directed.
• Instruct the broadcaster to cease broadcasting the advertisement altogether.

5. What are Ofcom’s backstop powers?

If a broadcaster’s failure to comply with the ASA(B)’s rulings become a serious issue, the co-regulator is able to apply to Ofcom for the imposition of a statutory sanction such as the fining of a broadcaster.

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