Controls and regulations (MC, unit 3)

Mixture of legislation & voluntary industry self-reg

Ofcom (Office of Communications Act 2002)
Codes of practice operated by ASA (Advertising Standards Authority) and DMA (Direct Marketing Association)

1) ASA implements the CAP code (Committee of Advertising Practice)
- Financed by the industry
- Regulates advertising in print, outdoor, direct mail, cinema, sales promotions, online, broadcast
- Almost all TV & radio advertising is pre-vetted by BACC/RACC before
Broadly:

• should not mislead, offend or cause harm
• in line with principles of fair competition

Break the code can be refused advertising spaces or referred to OFT for legal proceedings e.g. Ryanair for repeatedly exaggerating claims, misleading comparisons with competitors, unclear pricing

2) Ofcom
Independent regulator and competition authority for the UK communications industries
- aims include: balance promotion of choice & competition with duty to foster plurality, inform citizenship, protect viewers
- Advertising remit: programme sponsorship, amount of permitted advertising, the use of commercial breaks (not content), judgements about whether advertising is "political"
- Very relevant as line between sponsorship and embedded in media becomes more blurred

Product placement: consultation and implications was going to relax. Now unsure and saying hands tied by Europe. Current regulations stipulate that branded products can only appear if they are requested (free) by the production company. Brands can have no control over the script or the prominence of the product.

3) DMA manages preference services where you opt out of receiving certain comms


LEGISLATION
Electronic Communications Act
Consumer Protection Act 87
Trade Descriptions Act 68
DPA 84 (protect consumers from misuse of personal information. Have to express a wish for details to be stored and must opt-in)