Say it loud and say it proud: “I am an Advertisement”

29 October 2009

The ASA regulates advertising; it does not regulate editorial content.  The boundary between the two is an important one: it ensures advertising remains legal, decent, honest and truthful and editorial freedom is preserved.  The two can become blurred however, especially if an advertiser controls what appears, on first sight, to be editorial content or an advertiser uses an editorial style in space generally reserved for ads.  In these cases, the ASA may be called upon to judge if an ad is designed and presented in such a way that it is clear that it is an ad; if it is not, the ad must be amended.  The ASA does not take lightly a decision to take action in such cases.  Three adjudications highlight important factors that compelled the ASA to intervene against ads that were not recognisable as such.

In December 2006, a weblog that referred favourably to a radio station promotion was placed on a number of football club related websites.  It adopted a chatty, informal style in keeping with other weblogs and appeared to be authored by a football fan.  After investigation, the ASA ruled that the weblog had been placed by a member of the radio station’s staff.  It told the advertiser to ensure its ads are designed and presented in such a way that it is clear that they are ads. 

More recently, the ASA intervened against three advertisers who exercised effective control over the content of – what appeared to be - newspaper articles. The articles promoted the advertisers’ products and included performance claims that the Authority determined could not be substantiated.  The ASA told the advertisers and the newspaper to make clear that ad features are ads, for example by heading them “advertisement feature”.  In doing so, it sent a strong message that advertisers should not seek to circumvent the requirements of the Code, which ensures a level playing field for all advertisers and necessary protection for consumers.

Broadcast advertisers might similarly be tempted to draw on the credibility that is lent by a TV or radio programme.  Under Ofcom’s Broadcasting Code, products must not, with limited exceptions, be promoted in programmes. For the avoidance of doubt, product placement, for the time being, remains prohibited.  Read the latest statement on product placement from the Secretary of State for the Department of Culture, Media and Sport.

The ASA requires that broadcast ads must be clearly separated from TV or radio programmes.  In 2009, a radio ad, which was scheduled in an ad-break during a radio station’s ‘Drivetime Show’ and was spoken live by the presenter of that show, promoted credit reports produced by a company specialising in credit reports and credit scoring.  The ASA concluded that the ad breached the Radio Advertising Code by failing to be sufficiently distinguishable from the editorial material surrounding it. 

Ads that are designed and presented in such a way that it is unclear that they are ads have the potential to mislead the consumer or otherwise be unfair to them.  An advertiser may legitimately draw on the credibility that is lent by a magazine title, a newspaper or a website, for example, but it must do so in a way that is transparent to the consumer.  If there is a clear possibility for confusion, don’t be shy: say it loud and say it proud: “I am an Advertisement!”