Advertising and the Law

How does advertising regulation in the UK work? 
The Advertising Standards Authority (ASA) is the UK's independent advertising regulator. The ASA makes sure ads across the UK media stick to the advertising rules (Advertising Codes).

 Broadcast advertising- TV and Radio advertising 
Non-broadcast advertising- newspapers, posters, websites, social media, cinemas, emails, leaflets, billboard. 


The Committee of Advertising Practice (CAP) is the sister organisation of the ASA and takes responsibility for writing the Advertising codes.

 ASA responds to concerns and complaints and takes action to ban ads which are misleading, harmful, offensive and irresponsible. They monitor ads to check them against the rules and conduct research to test public opinion and identify if they need to take action to protect consumers. 

 Any complaint, whether it is one person or more they have to look into it- sometimes it is upheld, not upheld or upheld in part. People can contact by any means to put forward a complaint. 

 Example of an advert banned in the UK from the last 2 years- ASA website

 The University of Leicester
Internet (social networking)

  • Facebook post for the University of Leicester, 17th July 2017
  • Stated that the university was 'a top 1% world university' and 'a World Ranked University'.
  • Complaint: 2 people- believed the university did not rank in the top 1% and said the claim was misleading and could be substantiated (provide evidence to support or prove the truth of).
  • Upheld
  • ASA: absence of further qualification. The ad breached CAP code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation), 3.9 (Qualification), 3.33 (Comparisons). 
  • Action: the ad should not appear again in its current form.
Proctor and Gamble (Health & Beauty Care) Ltd
Internet (on own site)
  • Olay Regenerist skincare products, October 2016
  • Stated that the product 'Re-generises skin's appearance cell by cell*' Small text: '*by exfoliating skin surface cells'.
  • Complaint: cosmetic doctor- statement was misleading and could be substantiated.
  • Upheld
  • ASA: 'cell by cell' suggests a deeper physiological effect rather than just surface level- reinforced by 're-energises'. Breached rules 3.1 (Misleading advertising), 3.7 (Substantiation).
  • Action: ad must not appear again in the form complained about.

 Information from: https://www.asa.org.uk

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