New advertising codes now in force

Advertising in the UK is a self regulated activity, with the advertising and broadcast industries publishing codes that are required to be followed by all those advertising in print or by broadcast media. The key objectives are to ensure that advertising is legal, decent, honest and truthful.

The Codes are administered by the Advertising Standards Authority (ASA). The ASA assesses all complaints made to it about advertising, and can require adverts to be altered or withdrawn if it considers them to be in breach of the advertising codes.

On 1 September 2010 new, updated, advertising codes came into force. Their introduction followed the most comprehensive review in nearly fifty years of their history.

The new rules contain some significant changes, including enhanced protections for consumers, such as tighter rules to protect children, a new social responsibility rule as well as the creation of a dedicated section on the environment. Given heightened interest in the “green” economy, this latter section may be of particular interest. It requires, among other things, that adverts must not mislead consumers about the environmental benefit that a product offers; for example, by highlighting the absence of an environmentally damaging ingredient if that ingredient is not usually found in competing products, or by highlighting an environmental benefit that results from a legal obligation if competing products are subject to that legal obligation.

Businesses need to be aware of the Codes to ensure that their own advertising cannot be criticised, but also to be alert to the claims made by competitors, which may breach the Codes and therefore be the basis of a complaint to the ASA. If you would like to know more about the Codes or the rules that apply to adverts, please contact Emily Brown on 01206 217317 or email emily.brown@birkettlong.co.uk.