If you keep your ear to the ground when it comes to goings on in the iGaming world, then you will be aware that the Advertising Standards Authority (ASA) is hitting the headlines on a regular basis at the moment.An increased focus on compliance when it comes to responsible and ethical advertising has meant that a number of online gambling companies have seen their adverts fall foul of the ASA’s regulations, and with the UK Gambling Commission (UKGC) changing regulation to allow for companies to be punished further for such indiscretions, we can expect to hear more about the ASA going forward.But who exactly are the ASA? What do they do? And why is it important?As always, we are here with a handy guide to tell you everything you need to know.
What is the ASA
The Advertising Standards Authority is an independent organisation with no tires to the UK Government, which does not cost that taxpayer, and does essentially what it says on the tin.The ASA is the organisation tasked with ensuring that advertising complies with the expected standards of practice as set out in the ADA’s Advertising Codes.The ASA monitors advertisements to ensure that everything is within guidelines, as well as investigating complaints from viewers, which they can uphold or dismiss depending on the situation.The ASA also conducts research in order to understand public opinion and pinpoint the places where action must be taken for the protection of consumers.The ASA has been working to keep adverts acceptable for over half a century at this point, with Advertising Codes in place for more than a decade. The ASA’s remit was extended in 2011 to include claims made on company websites and social media spaces, which, as marketing, now fits under the ASA’s umbrella of regulation.In 2017, 29,000 complaints were resolved by the ASA, relating to around 16,000 adverts, while a further 5,245 cases were undertaken after research by the ASA itself. This resulted in over 4,500 adverts being changed.These complaints are primarily from members of the public, over 97% in fact, with the majority of complaints relating to adverts that were deemed to be potentially misleading, over 70% in fact.
Advertising Codes
The Advertising Codes are those set out to reflect UK law, penalising the likes of misleading advertising.The law itself would be enough, but the advertising industry has made a point of proving its commitment to maintaining acceptable standards in advertising by building the Advertising Codes from those laws, which sits on top of the law.Of course, this benefits the industry too, as it means no further laws need to be made, and the regulations of the industry is kept within the industry itself, thanks to the Committee of Advertising Practice.
The Committee of Advertising Practice
The Committee of Advertising Practice (CAP) is the sister organisation of the ASA and is responsible for writing the Advertising Codes that are at the root of the ASA’s work.Members of the CAP include advertisers, media owners, and advertising agencies to ensure a breadth of experience that allows members to have specialist knowledge on the advertising industry.The CAP offers advice and guidance on advertising campaigns that comply with the regulations, something that is vital in a self-regulatory system.
Self-Regulation
Adverts in the UK are self-regulated, meaning that the CAP, which is filled with advertisers and those with interest in the industry, are also those who fund the work that the ASA and CAP carries out.The industry writing the rules that they themselves have to comply to is something that has come under scrutiny from many, but the ASA’s work in recent years has proven that advertisers still overstep the mark even when regulating themselves.The main question surrounding self-regulation is simple, why would the advertising industry want to tie their own hands with regulation?The answer to that is actually more logical than it may initially appear, adverts that do not mislead or cause offence or harm to consumers, create confidence in not only that advert, but in advertising itself. In short, regulating advertising to ensure adverts do not adversely affect players is good for business.The financial benefit doesn’t end there either, as self-regulation is far more affordable on a long-term basis for companies that expensive legal costs for a court case if there was a regulatory body overseeing the industry.Self-regulation is also important for competition, as it keeps the field level for all companies, with everyone being governed by the same regulations when it comes to advertising.
Judge, not Jury
While the regulation may be set out by the industry itself, the decision on whether a company has broken those regulations does not fall to the CAP or the advertising industry, but to the ASA.The creation of an independent body that can investigate complaints against the industry with an unbiased eye is of the utmost importance to a self-regulated industry, and is why the advertising industry is also often referred to as co-regulated, being regulated by itself, but under the watchful eye of the ASA.
Advertising Pre-Clearance
An advert is not seen by regulators for the first time when it arrives on television, it has to cleared in advance, with evidence to back up any claims made in the advert existing before an advert is published.Almost all adverts you see on television, or hear on the radio, have been cleared in advance to ensure they stick to their license, complying with the UK Code of Broadcast Advertising.However, television advertising is no longer dominating the industry as it once was, the rise of the internet, and especially social media has put the spotlight back onto non-broadcast advertising.Unlike broadcast advertising, non-broadcast adverts are not pre-cleared by the ASA, mainly because it would be impossible due to the sheer number of adverts (there are 100 million pieces of direct marketing alone every year).Whether an advert is pre-cleared or not, and whether it is broadcast or non-broadcast, consumers are able to complain to the ASA if they feel an advert does not live up to the necessary standards and expectations.The ASA can investigate any complaint, there does not have to be a certain number, if one complaint is serious enough, then it is sufficient for the ASA to launch an investigation into that advert.If the ASA then deems an advert to have broken advertising rules, it must be changed in order to comply, or withdrawn, depending on the nature of the complaint.In almost all cases, advertisers will stick within the rules of the ASA, and if they don’t, they will move fast to rectify the issue.However, some advertisers do not abide by the rules, and are unable, willingly or otherwise, to amend or withdraw an advert.At this point, the ASA has a range of sanctions they can enact against these advertisers, with the backstop for the ASA being Ofcom for broadcast advertising, the backstop for non-broadcast advertising is Trading Standards (this job was carried out by the Office of Fair Trading until Trading Standards took over in 2013).
Complaints Against the ASA
So, the ASA may have the last word on whether an advert has breached its rules, but what happens if you disagree?Covering all bases, the ASA also has something in place for those who want to lodge a complaint against the ASA itself.Sir Hayden Phillips works as the Independent Reviewer of ASA Council Rulings, and that is who needs to be complained to if a consumer feels that the ASA was incorrect to uphold or dismiss a complaint against an advertiser.The world of advertising regulation may seem like a complex one, with regulations drawn out y the advertisers themselves and then regulated by an independent body, which is itself regulated by an independent reviewer, but all these aspects of regulation are necessary in order for each other one to work.It would be easy enough for the law to take over, and the UK Government to regulate the advertising industry, but it would be costly for advertisers, so it is in their best interest to maintain the status quo and to regulate themselves within the law, and above it as often as possible.The ASA and the CAP have proven vital recently, especially in terms of the iGaming industry, with many advertisers coming under fire from consumers because their adverts are seen to be misleading, or targeting problem gamblers and underage consumers.Many of these complaints have been upheld by the ASA, and with the most recent budget announcing that the power to impose sanctions and punishments on advertisers will be increased as the government attempts to tackle the abundance of gambling advertising and sponsorship deals, this is something we can expect to continue and enhance in years to come.If you have a complaint about any advert you have seen, you can contact the ASDA via their website, if the complaint is seen to be sufficiently severe, it will be investigated,