ABSTRACT

The UK has a strong tradition of self-regulation of advertising.63 There is no doubt that since its inception in 1962 the Advertising Standards Authority (ASA) has helped clean up print advertising,64 and self-regulation probably continues to be the best way to regulate matters of taste and decency. However, it lacks effective sanctions. Although, it can prevent advertisements being published in media owned by adherents to the Code, and contravention may lead to expulsions from trade associations and the withdrawal of financial privileges by trade or media organisations, nevertheless, it frequently simply asks advertisers not to use an advertisement again or to take more care in the future. There appears to be little fear of the ASA by advertisers, or more particularly by the advertising agencies which devise marketing campaigns. Some campaigns such as those by Benetton seem to court publicity by working at the edge of what is permissible. For instance, at a seminar organised by the ASA, I was shown an advert for a strong cider drink which showed people, who certainly appeared to be under 25,65 fooling around in supermarket trolleys in a carpark.66 The advertisers commented that this was simply a group of young people having fun in a supermarket carpark after shopping. Their gall simply beggared my belief and underlined to me the contemptuous attitude of some towards the ASA.