Regulation of Print

Advertising in the UK

Advertising Standards Authority

What exactly does the ASA do?
The Advertising Standards Authority (ASA) is the UKs independent regulator of advertising across all media. Their purpose is to make advertisements responsible and their ambition is to
make every UK ad a responsible ad.
How is ASA funded?
The ASA is funded by advertisers through an arms length arrangement that guarantees the ASAs independence. They receive no Government funding and therefore their work is free to the
tax payer.
How does regulation work?
If they judge an ad to be in breach of the UK Advertising Codes, it must be withdrawn or amended and the advertiser must not use the approach again. In 2012 they considered 31,298
complaints about 18,990 cases and they actively checked thousands of ads. Their work led to 3,700 ads being changed or withdrawn.
What sanctions can the ASA impose?
The majority of sanctions for non-broadcast advertising are co-ordinated through CAP, whose members are trade associations representing advertisers, agencies and media. There are
several CAP sanctions, which can be employed in different circumstances:
Ad Alerts - CAP can issue alerts to its members, including the media, advising them to withhold services such as access to advertising space.
Withdrawal of trading privileges - CAP members can revoke, withdraw or temporarily withhold recognition and trading privileges. For example, the Royal Mail can withdraw its bulk mail
discount, which can make running direct marketing campaigns prohibitively expensive.
Pre-vetting - Persistent or serious offenders can be required to have their marketing material vetted before publication. For example, CAPs poster industry members can invoke mandatory
pre-vetting for advertisers who have broken the CAP Code on grounds of taste and decency or social responsibility the pre-vetting can last for two years.
How does self-regulation of non-broadcast advertising work?
Self-regulation means that the industry has voluntarily established and paid for its own regulation. The system works because it is powered and driven by a sense of corporate social
responsibility amongst the advertising industry. Advertisers have an interest in maintaining the system because:
Making sure that consumers are not misled, harmed or offended by ads helps to maintain consumer confidence in advertising. Advertising that is welcomed by consumers is good for
business.
It maintains a level playing field amongst businesses. It is important for fair competition that all advertisers play by the same rules.
Maintaining the self-regulatory system is much more cost-effective for advertisers than paying the legal costs of a court case.

ASA Adjudication on Tesco Stores Ltd

Tesco Stores Ltd
Tesco House
Delamare Road
Cheshunt
Hertfordshire
EN8 9SL
Date: 15 September 2010

Media: Television

Sector: Retail

Number of complaints: 1

Complaint Ref: 120207

Ad
A TV ad for Tesco stated Right now at Tesco this succulent leg of lamb is only 6 per Kg. These packs of fresh vegetables are only 1 each. And these delicious pizzas are only half price.
These are just three of hundreds of special offers in store each week, to help you spend less each week. And when we compared prices with Asdas on Saturday the 30th of January, shopping
was cheaper for over 1.1 million Tesco customers. Tesco. Every little helps. Tesco baskets were then shown alongside Asda baskets with the statement 1,150,000 cheaper and 940,000
cheaper The footnote stated Equivalent products compared, covering over half our customers purchases, includes promotions. Excludes multibuys, non-matches, Express, selected Metro.
To verify contact Tesco Price EN8 9SL or www.tesco.com .
Issue
ASDA challenged whether Tesco offered an appropriate means of verification for the basket of goods comparison.
BCAP TV Code
1.15.4.6
Response
Tesco explained that the ad offered two means for obtaining verification for the price comparison claims: directly from Tesco by writing to a postal address; or by visiting the Tesco website.
Tesco said the website contained an explanation of the methodology they used and a summary of the top line figures. They said the website also stated that Tescos head office could be
contacted for further verification data. When ASDA requested verification information, Tesco said they sent them a copy of the methodology they used, a list of matched lines and a list of
380 baskets they selected at random, showing the contents of each basket. Tesco stated that the data for the advertised comparison was sizeable and no individual was likely to have the
software capable of handling it. They therefore made a statistically significant random selection that featured all of the lines found most frequently in customers baskets. However, Tesco said
it would not necessarily contain every matched item. Tesco argued that the 380 sample size was a statistically significant representation of the total number of baskets. They said they applied
the appropriate mathematical formulae to the data and were confident that a random sample of 380 baskets was sufficient to provide a representative number of the total two million
transactions at a confidence level of 95 per cent.

Tesco explained that the data was held in a statistical analysis software package, which allocated each transaction an identification number. They said there was no manual intervention
in the random selection process and they believed the robustness of the method had been proven in the multiple random tests they had carried out. Tesco sent us a copy of a letter
from their chief mathematician to support their assertions.
Tesco believed that ASDA had previously accepted that this method allowed them to adequately verify the comparison. Because the sample data was representative of the whole, Tesco
believed that consumers and competitors could be confident that the comparison was properly conducted.
Tesco understood that the European Court of Justice judgement in Lidl v Colruyt in 2006 indicated that a comparison should be verifiable. They noted that the judgement itself did not
explicitly state that all data would need to be supplied, and merely indicated that comparative claims should be capable of verification and that the consumer should be able to access
that data to satisfy themselves of the accuracy of the claim. They said most consumers were satisfied with a description of the methodology they used and reiterated that it was
available on their website. They confirmed that no consumer had ever requested the sample verification data.
Clearcast said they had been assured by Tesco that the full data set for the comparison would be available to consumers if they so wished. They said the ad gave a website and postal
address for verification purposes and, although the full data set was not available on Tescos website due to size limitations, they noted that a consumer was able to request the full set
of information from Tesco's head office. They therefore believed that the ad satisfied the requirements for comparative advertising.
Assessment: Upheld
The ASA noted that Tesco supplied competitors and consumers with a sample of their total number of baskets and understood that they believed this was a statistically significant
representation of the total number of baskets. However, we considered that in order for a competitor to verify the claim, Tesco should have disclosed the full data for the total number
of baskets on request so that the competitor could then interrogate the data and ascertain for themselves whether the comparison was accurate. Because Tesco only supplied a sample
of the baskets they had compared, we concluded that the basket of goods comparison was not verifiable.
The ad breached CAP (Broadcast) TV Advertising Standards Code rules 1.1 (Complying with the law) and 5.4.6 (Comparative advertising).
Action
The ad must not be broadcast again in its current form. We told Tesco that in future they should provide consumers and competitors with the full data set for comparative claims for the
purposes of verification.

UK code of non-broadcast advertising

What does the code apply to?

A) Advertisements in newspapers, magazines, brochures, leaflets, circulars, mailings, e-mails, text transmissions (including SMS and MMS), fax transmissions, catalogues, follow-up
literature and other electronic or printed material
B) Posters and other promotional media in public places, including moving images
C) Cinema, video, DVD and Blu-ray advertisements
D) Advertisements in non-broadcast electronic media, including but not limited to: online advertisements in paid-for space (including banner or pop-up advertisements and online video
advertisements); paid-for search listings; preferential listings on price comparison sites; viral advertisements (see III l); in-game advertisements; commercial classified advertisements;
advergames that feature in display advertisements; advertisements transmitted by Bluetooth; advertisements distributed through web widgets and online sales promotions and prize
promotions
E) Marketing databases containing consumers personal information
F) Sales promotions in non-broadcast media
G) Advertorials
H) Advertisements and other marketing communications by or from companies, organisations or sole traders on their own websites, or in other non-paid-for space online under their
control, that are directly connected with the supply or transfer of goods, services, opportunities and gifts, or which consist of direct solicitations of donations as part of their own fundraising activities.
What are the central principals of the code?
The central principle for all marketing communications is that they should be legal, decent, honest and truthful. All marketing communications should be prepared with a sense of
responsibility to consumers and society and should reflect the spirit, not merely the letter, of the Code.
What are the basic rules of compliance?
1.1 Marketing communications should be legal, decent, honest and truthful.
1.2 Marketing communications must reflect the spirit, not merely the letter, of the Code.
1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society.
1.4 Marketers must comply with all general rules and with relevant sector-specific rules.
1.5 No marketing communication should bring advertising into disrepute.
1.6 Marketing communications must respect the principles of fair competition generally accepted in business.
1.7 Any unreasonable delay in responding to the ASAs enquiries will normally be considered a breach of the Code.
1.7.1 The full name and geographical business address of the marketer must be given to the ASA or CAP without delay if requested.

1.8 Marketing communications must comply with the Code. Primary responsibility for observing the Code falls on marketers. Others involved in preparing or publishing
marketing communications, such as agencies, publishers and other service suppliers, also accept an obligation to abide by the Code.
1.8.1 Rules in Appendix 3 apply only to third parties as defined. If the ASA is unable to identify the relevant third party, the advertiser - on behalf of whom the OBA
advertisement is delivered to web users - must, in good faith, co-operate with the ASA to help determine the identity of the third party.
1.9 Marketers should deal fairly with consumers.
Legality
1.10 Marketers have primary responsibility for ensuring that their marketing communications are legal. Marketing communications should comply with the law and should not
incite anyone to break it.
1.10.1 Marketers must not state or imply that a product can legally be sold if it cannot.
List all of the different sections of advertising which the code covers
The UK Advertising Codes lay down rules for advertisers, agencies and media owners to follow. They include general rules that state advertising must be responsible, must not
mislead, or offend and specific rules that cover advertising to children and ads for specific sectors like alcohol, gambling, motoring, health and financial products.

Alcohol
18.1 Marketing communications must be socially responsible and must contain nothing that is likely to lead people to
adopt styles of drinking that are unwise. For example, they should not encourage excessive drinking. Care should be
taken not to exploit the young, the immature or those who are mentally or socially vulnerable.
18.2 Marketing communications must not claim or imply that alcohol can enhance confidence or popularity.
18.3 Marketing communications must not imply that drinking alcohol is a key component of the success of a personal
relationship or social event. The consumption of alcohol may be portrayed as sociable or thirst-quenching.
18.4 Drinking alcohol must not be portrayed as a challenge. Marketing communications must neither show, imply,
encourage nor refer to aggression or unruly, irresponsible or anti-social behaviour nor link alcohol with brave, tough or
daring people or behaviour.
18.5 Marketing communications must neither link alcohol with seduction, sexual activity or sexual success nor imply
that alcohol can enhance attractiveness.
18.6 Marketing communications must not imply that alcohol might be indispensable or take priority in life or that
drinking alcohol can overcome boredom, loneliness or other problems.
18.7 Marketing communications must not imply that alcohol has therapeutic qualities. Alcohol must not be portrayed
as capable of changing mood, physical condition or behaviour or as a source of nourishment. Marketing
communications must not imply that alcohol can enhance mental or physical capabilities; for example, by contributing
to professional or sporting achievements.
18.8 Marketing communications must not link alcohol to illicit drugs.
18.9 Marketing communications may give factual information about the alcoholic strength of a drink. They may also
make a factual alcohol strength comparison with another product, but only when the comparison is with a higherstrength product of a similar beverage. Marketing communications must not imply that a drink may be preferred
because of its alcohol content or intoxicating effect. There is an exception for low-alcohol drinks, which may be
presented as preferable because of their low alcoholic strength. In the case of a drink with relatively high alcoholic
strength in relation to its category, the factual information should not be given undue emphasis.
18.10 Marketing communications that include a sales promotion must not imply, condone or encourage excessive
consumption of alcohol.
18.11 Marketing communications must not feature alcohol being handled or served irresponsibly.
18.12 Marketing communications must not link alcohol with activities or locations in which drinking would be unsafe
or unwise. Marketing communications must not link alcohol with the use of potentially dangerous machinery or
driving. Marketing communications may feature sporting and other physical activities (subject to other rules in this
section; for example, appeal to under-18s or link with daring or aggression) but must not imply that those activities
have been undertaken after the consumption of alcohol.

18.13 Only in exceptional circumstances may marketing communications feature alcohol being drunk by anyone in their working environment.
18.14 Marketing communications must not be likely to appeal particularly to people under 18, especially by reflecting or being associated with youth culture. They should not
feature or portray real or fictitious characters who are likely to appeal particularly to people under 18 in a way that might encourage the young to drink. People shown drinking
or playing a significant role (see rule 18.16) should not be shown behaving in an adolescent or juvenile manner.
18.15 Marketing communications must not be directed at people under 18 through the selection of media or the context in which they appear. No medium should be used to
advertise alcoholic drinks if more than 25% of its audience is under 18 years of age.
18.16 People shown drinking or playing a significant role must neither be nor seem to be under 25. People under 25 may be shown in marketing communications, for example,
in the context of family celebrations, but must be obviously not drinking.
18.17 Marketing communications may give factual information about product contents, including comparisons, but must not make any health, fitness or weight-control claims.
The only permitted nutrition claims are low-alcohol, reduced alcohol and reduced energy and any claim likely to have the same meaning for the consumer.