Introduction to Advertising Self-Regulation and the ASA

SELF-REGULATION

1. Advertising self-regulation in Ireland has existed for over 30 years since the Advertising Standards Authority for Ireland (the “ASAI”) was established by the advertising industry in 1981.

2. Advertising self-regulation means the strict adherence by the advertising industry to standards drawn up by and on behalf of all advertising interests and operated in the interests of consumers. It involves the enforcement of those standards through the commitment and cooperation of advertisers, agencies and media.

3. Marketing communications in the media and sales promotions should be legal, decent, honest and truthful and should not mislead the consumer. The rules to ensure this are set out in this Code of Standards for Advertising and Marketing Communications in Ireland (7th Edition) (“the Code”).

4. The Code recognises the right of advertisers and individuals to freedom of expression. However, this freedom must be balanced with the right of others to not be offended or misled by marketing communications. The application of the Code seeks to balance these rights in a fair and impartial manner.

5. If a marketing communication expresses an opinion and that marketing communication is within remit, the ASAI will, where necessary, adjudicate on that marketing communication if the opinion is objectively verifiable.

6. Primary responsibility for observing the Code rests with advertisers, promoters and direct marketers. Others involved in the preparation and publication of marketing communications and in the design and execution of mail order operations and sales promotions also have an obligation to adhere to the Code. It is a condition of membership of the ASAI that a Member will not knowingly or recklessly publish a marketing communication or undertake a promotion that does not comply with Code requirements.

7. Media play an important role in applying the provisions of the Code. While the media will refuse to publish a marketing communication that contravenes the Code, they are under no obligation to publish every marketing communication offered and will exercise discretion in each case. The fact that a marketing communication conforms to the Code is not a guarantee that it will be accepted

THE ASAI

8. The ASAI is an independent self-regulatory body, financed by the advertising industry, that is committed to promoting and enforcing the highest standards of marketing communications in the public interest.

9. The ASAI administers the Code, including investigating complaints made regarding alleged breaches of the Code and providing Copy Advice and Monitoring services. (For details of the Complaints Procedures and Copy Advice and Monitoring Services see Page 116, Page 124 and Page 125.)

10. The ASAI is concerned with the content of marketing communications in the media and with the design and execution of sales promotions. The Code is not concerned with whether a marketing communication or promotion is otherwise good or effective. Outside of the matters dealt with in the Code, the ASAI does not concern itself with, nor does it presume to judge, for example, whether something ought to be bought or is good value at the price, nor is it involved in the regulation of terms of business.

11. The ASAI has no mandate to act as a censor of public morals. In assessing complaints involving considerations of decency and propriety, the ASAI is guided by the standards that are observed generally throughout Irish society.

12. The Code is administered primarily in the interests of consumers.

THE EASA

13. The ASAI is a founder member of the European Advertising Standards Alliance (the “EASA”).

14. The EASA is a non-profit organisation based in Brussels which brings together 38 national European and non-European advertising self-regulatory organisations (SROs) and 16 organisations representing the advertising industry in Europe.

15. The EASA is the single authoritative voice on advertising self-regulation issues and promotes high ethical standards in commercial communications by means of effective self-regulation, while being mindful of national differences of culture, legal and commercial practice. These standards are promoted, for example, via EASA’s Advertising Self-Regulatory Charter and EASA’s Best Practice Recommendations.

16. The EASA is inherently a European association. However, as advertising issues are becoming more and more global it has set up an International Council with the nine non-European members to discuss and respond to these issues.

SELF-REGULATION AND THE LAW

17. There is a large body of law governing advertising (a non-exhaustive list of which can be found on www.asai.ie.

18. The ASAI is not a law enforcement body and does not provide legal advice. The self-regulatory system is subordinate to and complements legislative controls on advertising and sales promotions and provides an alternative, low cost and easily accessible means of resolving disputes. It encourages and provides a means for the acceptance of standards of practice which, in a number of areas, go beyond those which are required by law, while not constraining reasonable expressions of freedom of speech. It intends to provide a flexible and sensitive means of dealing with matters of taste and decency that might be difficult to judge in law but which can fundamentally affect consumer confidence in, and receptiveness to, advertising, as well as the reputation of the advertising industry.

19. The procedures and the adjudications of the ASAI do not prejudice any party’s protection under the law. The ASAI does not wish to duplicate the work of other regulatory bodies and complaints are not normally pursued if they involve matters that should be resolved in the Courts or if any of the parties has initiated legal action with a view to commencing, or has commenced, litigation or another alternative dispute resolution process. A decision of the ASAI does not deprive a consumer or an advertiser of the right to take further action or prejudice any rights under the law.

Further information on advertising self-regulation, the ASAI and the operation of the system is available at www.asai.ie.

RESPONSIBILITY CLAUSE

20. All relevant parties are encouraged and recommended to include in their contracts, other agreements and arrangements and in their standard and/ or published terms and conditions pertaining to advertising and other marketing communications, a statement, term or condition indicating that the provisions of the Code and, in particular (but without limitation), any decisions, adjudications or rulings made by the ASAI will be adhered to.