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Recent Ad Bans Show the Importance of Self-Regulation

The Advertising Standards Authority’s consumer awareness campaign returned this summer, using slogans from some of the UK’s most recognisable brands to describe the important role they play within the industry. The use of slogans from ‘Love it or hate it’ to ‘Every little helps’ demonstrates the symbiotic relationship between the ASA and the advertising industry. This supports the ASA’s aim of self-regulation and holding our industry to high standards.  

Regulation has become a contentious issue in recent months, with differing opinions on how far restrictions should go. A balance must be struck between a laissez-faire approach to self-regulation and wider government intervention, to protect consumers from harm. Advertising bans have continued to be a hot topic, with categories ranging from gambling and alcohol to fast food and fossil fuels facing calls for tighter regulation, and even many of the most seasoned brands falling foul of ASA rulings. 

In what could be interpreted as a show of the strength of industry self-regulation, the ASA has struck down several high-profile campaigns for regulatory breaches in recent months. Adverts by M&S and Zara have been banned by the ASA for using 'unhealthily thin’ models to promote their clothing lines. Brewdog, one of advertising’s serial pranksters, saw a campaign for its Wingman Beer banned for suggesting alcohol can help beat boredom, loneliness, or frustration.  

Campaigns that lead with humour have not been spared from bans. Back in June, Twix saw its surreal ‘Two is more than one’ TVC banned for featuring dangerous driving that was ‘likely to breach the legal requirements of the Highway Code’. Even an April Fool’s joke from Lipton, about their most popular flavour being discontinued, was struck down due to being misleading – though the brand did post the joke on March 18th, rather than on April Fool’s Day itself. 

From October, a new layer of restriction comes into force, with brands facing the government’s new ‘Less Healthy Food’ restrictions for the first time. This legislation designates 13 food categories which fall under additional advertising restrictions. LHF will undoubtedly bring with it more high-profile ad bans.  

It must be said that almost all brands facing the ban hammer do so without malicious intent, and navigating increasingly complicated restrictions will likely involve trial and error for some advertisers. For the true extent of the incoming regulation to become clear, brands will first have to test the waters of the LHF framework – by which some will ultimately come a cropper – to understand what is permissible and what is deemed harmful. 

However, the existence of the ASA’s regulatory framework is something we should all support, with responsible advertising ultimately being better for consumers, society and advertisers. The ASA states that its goal is to ‘keep ads legal, decent, honest, and truthful’. This is a vital mission statement that makes our industry both fairer and more effective, cementing an honest relationship between brands and consumers.