Memorandum by the Advertising Standards
Authority (WP 81)
1. INTRODUCTION
1.1 The Advertising Standards Authority
(ASA) welcomes the opportunity to submit written evidence to this
inquiry. The ASA is responsible for supervising the self-regulatory
system for advertising standards in both broadcast and non-broadcast
media. The ASA assumed responsibility for TV and radio advertising
standards on 1 November 2004.
1.2 This submission aims to address two
main points:
1.2.1 Food and Drink Advertising
This paper aims to give an overview of the ASA's
initial response to the White Paper.
1.2.2 The role of the ASA
We hope that this short explanation will clarify
the role of the ASA following the Committee's report on Obesity,
which confused the responsibilities of the ASA and the ITC. The
ITC merged into Ofcom on 29 December 2003. On 1 November 2004,
the ASA assumed a broader remit of policing the broadcast advertising
codes.
2. FOOD ADVERTISING
2.1 The Government's White Paper raises
a number of concerns and suggestions about the advertising of
food, particularly to children. We recognize that the self-regulatory
system must respond to the White Paper appropriately.
2.2 Ofcom is currently reviewing the requirements
for food advertising laid down in the broadcast advertising codes.
Although responsibility for regulating broadcast advertising and
the Codes now lies with the self-regulatory system in partnership
with Ofcom, it made sense for Ofcom to retain lead responsibility
for this area of work because of the significant amount of work
it had already completed on this issue. Furthermore, the Secretary
of State had specifically charged Ofcom with this work prior to
the co-regulatory agreement with ASA.
2.3 ASA is, however, closely involved with
Ofcom's review, which is expected to go out for consultation later
this year. If, following this review, significant changes are
made to the broadcast Code, the ASA would anticipate that the
CAP Code (ie non-broadcast) would be reviewed in the light of
this.
2.4 ASA is also taking a strong and active
interest in the Food Standards Agency's (FSA) work on nutritional
profiling and signposting of food. In particular, the FSA's work
on nutritional profiling will inform the ongoing review of the
broadcast Code.
2.5 The ASA welcomes the fact that Government
has recommended a multi-faceted approach towards tackling obesity
and nutritional ill-health amongst the population, especially
in the light of the findings in Ofcom's report that food advertising
has a ". . . modest effect on children's food choices.
While indirect effects are likely to be larger, there is insufficient
evidence to determine the relative size of the effects of TV advertising
on children's food choices by comparison with other factors".
Ofcom's research clearly states that media is one of a number
of factors that impact upon food choices, alongside psychosocial
factors, behavioural factors, family, friends, schools, commercial
sites and consumerism.
2.6 For this reason, the ASA is keen that
the uncertainty of the potential impacts of the advertising are
acknowledged when assessing progress against the White Paper.
Section 58 of "Choosing Health" states, "We
will therefore monitor the success of these measures in relation
to the balance of food and drink advertising and promotion to
children, and children's food preferences to assess their impact."
The Government expects to see these changes by 2007.
2.7 Although the Government should expect
to see changes with respect to the first half of this statement
by 2007, we would caution against potential Government action
based on progress against the second half of this statement, namely
children's food preferences. Bringing about a cultural change
in eating habits cannot happen overnight.
2.8 By 2007, any formal changes to the advertising
code will have been in place for less than a year. This is, of
course, owing to the requirement for proper consultation on any
proposed changes. Until the Food Standards Agency has completed
its consultation on nutritional profiling, Ofcom is unable to
complete its review of the broadcast Code. Likewise the self-regulatory
system is unable to review its Code before Ofcom has finished
its consultation. We understand that the Department of Health
is not planning to produce a delivery plan on food advertising
before these consultations have taken place, so we are unlikely
to see anything further from Government until the fourth quarter
of 2005 at the earliest.
2.9 We feel that it would be unfair to impose
strong penalties after a relatively short time, when the Government's
own document acknowledges that changes in food habits are reliant
a number of different factors, often in combination.
2.10 We believe that self-regulation in
non-broadcast advertising has worked efficiently and effectively
for more than 40 years and the ASA will continue to uphold high
standards in advertising, as stated in the Codes. We caution against
any action that would undermine what has been a very successful
system and which might lead to a less responsive complaints and
regulatory system for the consumer.
2.11 Finally, a note of explanation about
the alcohol television advertising rules that were mentioned in
the White Paper. Although the new rules take effect from 1 January
2005, there is a period of transition until 30 September 2005.
This is because television advertisements are generally made some
time in advance of being aired. Although, some changes may be
noticeable immediately, the revised Code will not be fully enforceable
until 1 October 2005. The Broadcast Committee of Advertising Practice
(BCAP) will be consulting on the revised explanatory guidance
shortly.
3. ABOUT THE
ASA AND SELF-REGULATION
3.1 The ASA has been the self-regulatory
body responsible for policing the non-broadcast advertising codes
for more than 40 years. However, on 1 November 2004, under contract
from the communications regulator Ofcom, the ASA assumed responsibility
for standards in respect of TV and radio advertising standards.
3.2 This new co-regulatory arrangement with
Ofcom recognises the success of advertising self-regulation in
the UK and the work of the ASA. It is also an easier system for
consumers to understand. Now that there is a "one-stop shop"
for advertising regulation, consumers no longer have to juggle
with several different regulators in order to get action on misleading,
offensive or harmful advertising.
3.3 The ASA administers the rules by which
the marketing industry controls the content of marketing communications.
We investigate complaints from both the public and industry about
non broadcast marketing communications that are alleged to break
the British Code of Advertising, Sales Promotion and Direct Marketing
(the CAP Code).
3.4 Since commercial TV began in 1955, broadcast
advertisements have been subject to statutory standards codes.
Under the new co-regulatory system, day-to-day responsibility
for the TV and radio advertising codes rests with BCAP, an industry
body also known as CAP (Broadcast). Ofcom's licensees, the commercial
TV channels and radio stations, must continue to observe the codes,
but, if advertisements mislead or cause harm or distress, the
matter will be dealt with first by the ASA, and not Ofcom.
3.5 The Advertising Advisory Committee (AAC)
has recently been appointed to act as a sounding board for BCAP
as it updates the TV and radio advertising codes. Its members,
most of whom hold existing positions on consumer panels, have
been appointed to ensure that the concerns of viewers and listeners
are at the heart of broadcast advertising regulation. The AAC
is chaired by Elizabeth Filkin, the former Commissioner for Parliamentary
Standards.
3.6 Although BCAP has day-to-day responsibility
for the broadcast Codes, ultimate responsibility rests with Ofcom.
No changes can be made to the Codes without Ofcom's consent. Furthermore,
the Secretary of State for Culture, Media and Sport can require
changes to be made to the broadcast Codes.
3.7 The system works because of the commitment
of the advertising industry to make self-and co-regulation effective.
The current system means that regulation and the codes can keep
pace with one of the fastest moving industries in the world. We
are best placed to respond quickly and decisively to new technologies,
changes in societal attitudes and progression in advertising.
Ultimately, consumers are better protected because they do not
have to wait for lengthy and expensive judicial proceedings or
legislation in order to receive the protection that they expect
and deserve.
3.8 Finally there is no charge for making
a complaint. All of the ASA's costs are met by a levy paid by
advertisers.
3.9 Further information about the ASA and
its work can be found at www.asa.org.uk.
I do hope that the Committee will take into
account the ongoing work of the ASA in the course of this inquiry.
The ASA takes its role as a regulator very seriously and is committed
to upholding a workable regulatory system which meets the high
expectations of all stakeholders, including the Government, consumers
and the advertising industry.
If you have any further queries about the ASA
and the work that we do, please do not hesitate to contact me.
In particular, if the Committee expects to deal with the work
of the ASA when writing its report, I do hope that we will be
given the opportunity of giving oral evidence before the Committee
to answer any questions that you might have.
February 2005
| 
