AS1: Task 5: Regulation

Regulation

ASA: Advertising Standards Authority.

What does the ASA do?

The ASA was established in 1962. The ASA is the UK's independent regulator for advertising all forms of media nationally.
Committees of Advertising Practice have written codes enabled for the ASA to apply in their work whilst they commit to taking action against false, misleading advertisement in the media. Their job is to make sure that all forms of media are honest, reliable and decent when being displayed around the internet (for example) or on television.
The ASA covers magazines and newspapers, posters, cinema, TV and Radio, sales promotions, direct mail, leaflets and brochures, CD's, DVD's, videos and many more.
The ASA however does not cover, packaging, phone calls, editing online and more.

OFCOM: Office of Communications

What does OFCOM do?

OFCOM is the communications operator in the UK. Their aim is to regulate TV and radio sectors, mobiles and fixed line telecoms, postal services and the airwaves over wireless device operations. OFCOM notably covers the broadcasting, telecommunications and postal industries within the UK. 

OFCOM aims to protect the public from harmful/offensive material that may be broadcast across the UK. OFCOM also covers licensing, complaints, research, codes and policies, competition and the protection of the radio spectrum from abuse.

OFCOM also deals with a lot of complaints when it comes to adverts and audience members mostly complain via telephone, television and by mailing. OFCOM will generally direct those who wish to complain, straight to the ASA.

Controversial Advertisement:

The ASA and OFCOM have both had to deal with controversial adverts over the years. Some have caused members of the public to become enraged at the sight of them. Shown below is an advert created by 'Paddy Power' in 2010 which depicts two football teams consisting of blind players, playing a match.

During its release, conflict spread around the country as members of the public were unimpressed with the advert. The ASA received over 1300 complaints after the advert's release, however the total number of complaints for the adverts itself was 25,214.

A major complaint for this advert was for the use involvement of animal cruelty as one football player kicks a cat into a tree being totally oblivious to the fact that he had done so.

Complaints were beginning to arise as people believed that the advert was indeed offensive to those who are blind and could eventually instigate animal cruelty. On the contrary, the advert's complaints weren't upheld due to the ASA claiming that the advert was "surreal" and "light-hearted".

Recently Banned Advertisement:

This is a recently banned advert which promotes the new BMW 3 Series. Causes for this ban included the advert being irresponsible as it encouraged people to start driving recklessly. In one scene we see a woman on a rollercoaster, then the scene cross cuts to a man driving exceptionally fast down a coastal road - this is extremely dangerous.

As the advert progresses a voiceover explains how "curves inspire you and definitely dare you". This demonstrates to the public that a clear road and a nice car should inspire you to drive rapidly down... this is indeed daring.

Due to the car being shot from different angles, portraying the swift gear changes, it definitely looked like the car was speeding down the road. The ASA stated how the advert was only irresponsible because the audience would be encouraged to speed round corners of a road, which could potentially cause accidents. 

The advert didn't actually receive any complaints, but due to its reckless driving the ASA/OFCOM thought it was necessary to remove the advert.

Complaints:

Altogether the ASA handled 31,458 complaints from around 22,397 adverts. The ASA estimated that about 4,591 ads were either withdrawn or altered, with 94% of complaints coming from the public.

A single complaint can lead to the withdrawal of an advert. If more complaints arise then the advert can be under investigation.

Importance of Regulation:

Advertisement is important for the world and modern lifestyles as the audience will be able to have an understanding of what products are being advertised to them. Producers would obviously want to sell their product to the consumers, therefore they would need to provide accurate information about their product. What is it? What does it do? How does it benefit the consumer? this is what producers must take into consideration. 

Advertising Codes:

When advertising you have to follow specific rules for your product. This is to make sure that the public don't become offended or are exposed to harmful content. There are a list of code rules that include:

• Racism
• Harm and Offence
• Misleading Claims
• Environmental Claims
• Children and Advertising
• Scheduling adverts at appropriate times
• Displaying adverts in appropriate places

Products themselves have specific rules that they need to follow as well. These include the advertising of:

• Alcohol
• Tobacco
• Gambling
• Food/Soft Drinks
• Health and beauty products

The ASA has its own council (The ASA Council) and they have the responsibility of picking adverts out which have disobeyed the rules of the advertising codes. The ASA analyses if adverts have breached these rules, whereas the CAP writes the advertising codes.

Accuracy and Causing Offence:

The ASA definitely ensures that all adverts focus on two things. This is including if the advert is misleading or inaccurate and why it can cause offense to the audience. Age should be taken into consideration here because certain advertisements could be upsetting to younger viewers.

ASA Intervention on Tobacco:

'Craven A' is a popular brand of cigarette which was established in the 1930's. 

On this poster we see a young woman smoking a Craven A cigarette whist being dressed in tennis attire. Craven A is contradicting a healthy lifestyle because tennis is an active sport; however smoking cigarettes can cause health risks, such as lung cancer and can be potentially dangerous.

At the top left side of the poster there's a message that displays; "For your throats sake smoke Craven 'A'". The message is attempting to demonstrate that smoking this particular brand can make you feel better - yet this is simple not the case.

Shown below is an example of one of Craven A's adverts, created in 1962.

As the years passed by, the advertisement of cigarettes became
more and more restricted. In 1965, advertising of cigarettes was completely banned, however loose cigarettes and cigars were allowed to be advertised. This came to an end in the 1990's. 

By 1975, there were new rules that were introduced into the world of advertising when different types of cigarette advertising and pre-vetting was introduced.

A new Act was introduced. This was The Tobacco Advertising and Promotion Act of 2002. This put a halt on the advertising and promoting of all tobacco products. This Act didn't actually put a ban on cigarette rolling papers and filters though.

Advertisement of snacking:

A popular snacking brand - 'Maltesers' produced an advert in the 1950's which, again had another contradictory message inside of it. This was; "choose the chocolates that can help you keep slim" - obviously there aren't any chocolates that can help you to stay slim. This presents false advertising because the statement isn't true.

If a company was going to promote this product today, they would definitely need to change the message behind the poster. Also the ingredients and amount of calories should be included on the poster so it notifies the consumer about what they are about to purchase.

Maltesers soon started to claim that they were 11 calories each. Again this was false because it is demonstrating that all Maltesers are low in energy, even though they aren't. In 2008 the ASA upheld complaints for this advert.