Meet the new Secretary of CAP and BCAP

16 July 2009

There has recently been a changing of the guards in the CAP and ASA hierarchy. Roger Wisbey, the former Secretary of CAP and BCAP has retired after 14 years at the ASA and CAP whilst the Director General of the ASA, Christopher Graham has moved on after 9 years to become the new Information Commissioner. We wish them both well.  

Shahriar Coupal has been appointed Secretary to CAP and BCAP as well as Director of Advertising Policy and Practice at the ASA. Shahriar was previously Manager of the CAP and BCAP Code Policy team where he played a central role co-ordinating the ongoing review of the UK Advertising Codes. He joined the ASA from Ofcom in 2005 when the ASA took on responsibility for regulating broadcast advertising.  

Shahriar takes on his role at time when, as ever, there are many challenges facing advertising self-regulation. With the Code consultation now closed the CAP and BCAP Code Policy team is busy evaluating the raft of submissions that they received. The announcement of the new Codes, likely to be in late autumn, will no doubt spark media attention. Meanwhile, the pressures surrounding alcohol and food advertising continue bringing ASA, CAP and BCAP under increasing public scrutiny, while debates about the future proofing of self-regulation in a digital age go on in the background.  

We took the opportunity to ask Shahriar a few questions.  

You oversaw the full public consultation on the Advertising Codes. Was it a success? Was there a good response?

The process so far has, I think, been a success. A great deal of work went into the pre-consultation process to make sure that the consultation documents were thorough, transparent and gave ample opportunity for interested parties to respond. That owes much to the time and effort that the advertising industry has invested in the process, Andrew Marsden’s expert chairing of the Code Review working groups and the dedication and expertise of CAP’s Code Policy team.  

We have received a sizeable response but it’s far too early to be precise about the number, nature and significance of respondents’ submissions.  The signs are good though. The respondents seem to have read and understood the consultation documents and they have agreed, objected or suggested amendments to our proposals in the format we hoped they would.  Now the ball is back in our court and we have to be open-minded and transparent in our evaluation.  

What challenges do you see facing advertising self-regulation at the moment?  

The ASA is a model for self-regulation and not just for advertising.  Challenges are easier to face if the system in place is robust and maintains the confidence of the industry it regulates and the public it protects.  The ASA is in that position because of the unwavering support of the industry that funds it and the dedicated and highly professional staff that it employs.  But we’re far from being complacent!  

The perennial challenge for any regulator is to stay true to its purpose and to carry out its functions in a proportionate and transparent way.  The ASA’s purpose is to keep advertising standards high for the benefit of the public and the industry alike and the challenge is to achieve that efficiently and effectively; we must always strive to find the best ways of doing that.  

Keeping advertising standards high during a recession means that the ASA may have to do more with less; to a great extent our budget is dependant on the cost of advertising space, which is falling.  Value based claims – “we’re the cheapest”, “cheaper than the other guy” – abound at times when money is tight.  The challenge for the ASA is to ensure that where those claims mislead they are dealt with swiftly to safeguard the vulnerable and ensure a level playing field for advertisers.  

At a time when money is tight, advertisers are especially keen to avoid having their ads banned by the ASA – pulling an ad campaign is costly. So we’ve been spending a lot of time developing and launching our new Copy Advice website which contains lots of information to help advertisers get their ads right.  It’s a great self-help tool!  

Other pressing challenges include implementing and supporting the launch of the new Codes, being clear about the ASA’s part in regulating VOD advertisements and standing ready to regulate marketing communications on websites, beyond what is presently covered by the CAP Code.      

Is the industry doing enough to convince Government that consumer protection and social responsibility sit at the heart of advertising self-regulation and that the system works?  

In general terms, the answer has to be yes.  Government has confidence in the system; that is clear because public service bodies, including Government departments agree to be our ‘back-stop’ powers.  We’ve trumpeted ‘Legal, decent, honest and truthful’ for over forty years and the message has clearly got through.  But not through words alone but by commitment and action; commitment by the industry to pay for a system that keeps advertising standards high and action to deal with ads that fail to protect consumers, industry and society at large.  

I firmly believe that, despite some of the negative headlines about advertising, the industry has demonstrated its commitment to social responsibility and that it acts in consumers’ interests. Self-regulation works very effectively, protecting consumers while maintaining a level-playing field for business.  

That’s not to say we can rest on our laurels. I think it’s fair to say that the advertising industry does not always get a ‘good press’. Advertising has, and continues to be, held partly responsible for various societal problems such as childhood obesity, the binge and under-age drinking culture and the commercialisation of childhood.  

It’s sometimes difficult to understand why the system isn’t lauded more for its efforts, because when these challenges are thrown out there, the self-regulatory system is sometimes one of the few players that actually plays its part. Advertising self-regulation has responded to Government and public concern about sensitive sector advertising such as alcohol, food and gambling by significantly tightening the rules and placing a particular emphasis on protecting young and vulnerable people. These new rules have been administered robustly by the ASA and pro-active sector surveys have revealed encouragingly high compliance rates with the Codes. Also, the full public consultation on the Codes has been conducted transparently and invited as wide a range of views and responses as possible to help ensure the rules are fit for purpose.  

Does ASA or CAP and BCAP have to do more to convince Government that the system works? We do continuously make the case for an effective system by telling the story about our adjudications, proactive monitoring of ads and providing ongoing training and advice for advertisers. We also listen to concerns and we have shown time and again that where there is significant and convincing evidence that we’ll take the appropriate steps.