Does the ASA have any teeth?

Read these FAQs from their website and decide for yourself.

Q6. What if I notice that a misleading advertisement is repeated after action by the ASA?

You should bring this to the attention of the ASA who will take further action. The system overseen by the ASA is self-regulatory and relies on a responsible approach by advertisers. If an advertiser chooses to ignore an ASA ruling, the ASA can call on the industry to take action against the advertiser by, for example, alerting publishers that the advertisements should not be accepted or by applying other sanctions.

Q7. What if further action by the ASA doesn’t work?

In the end, if self-regulation proves ineffective, the ASA can refer the case to the Office of Fair Trading (OFT) for investigation under the Control of Misleading Advertisements Regulations. If the OFT agrees that an advertisement is misleading it can apply to the courts for an injunction to prevent publication of the advertisement. If the advertisement is repeated again, it would be treated as contempt of court and the advertiser could be fined. Although the OFT can take action in response to direct complaints from the public it will normally only act after the complaint has been investigated by the ASA.

No comments yet.

Leave a Reply