Regulation of Advertising:

In order to monitor and control advertising a number of different regulatory bodies have been established. Many countries have an Advertising Standards Authority, whose job it is to listen to complaints from the public, and establish whether or not a particular ad or campaign should be withdrawn. In the UK the situation is complex, as each medium is governed by a different regulatory body:

·         Non-Broadcast Advertising is dealt with by the Advertising Standards Authority.

·         UK TV Advertising complaints are referred to the OfCom.

·         All advertising in the UK is subject to the Committee of Advertising Practice's Code (known as the CAP Code) and also to the Code of the European Advertising Standards Alliance.

There are many rules and legislations which must be followed by an agency seeking to produce a campaign. There are extremely strict rules regarding the advertising of tobacco (banned), alcohol (going that way), medicines/medical services and products aimed specifically at children.

Committee of Advertising Practise: CAP Code

Misleading Advertising:

3.1 Marketing communications must not materially mislead or be likely to do so.

3.2 Obvious exaggerations (“puffery”) and claims that the average consumer who sees the marketing communication is unlikely to take literally are allowed provided they do not materially mislead.

3.3 Marketing communications must not mislead the consumer by omitting material

information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.

Harm Offence:

4.1 Marketing communications must not contain anything that is likely to cause serious or widespread offence. Particular care must be taken to avoid causing offence on the grounds of race, religion, gender, sexual orientation, disability or age. Compliance will be judged on the context, medium, audience, product and prevailing standards.

Marketing communications may be distasteful without necessarily breaching this rule. Marketers are urged to consider public sensitivities before using potentially offensive material.

Children:

5.1.1 Children must not be encouraged to enter strange places or talk to strangers

5.1.2 Children must not be shown in hazardous situations or behaving dangerously

Except to promote safety. Children must not be shown unattended in street

scenes unless they are old enough to take responsibility for their own safety.

Pedestrians and cyclists must be seen to observe the Highway Code

5.2.1 Children must not be made to feel inferior or unpopular for not buying the

advertised product.

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.

Tobacco:

21.1 Tobacco products may not be advertised to the public.

21.2 Marketing communications for rolling papers or filters must neither encourage people to start smoking nor encourage people who smoke to increase their consumption.