Political, Industrial and Public Controversy

15 Political, Industrial and Public Controversy

The setting of standards and investigation of complaints in relation to political advertising have not been contracted out to BCAP and the ASA and remain matters for Ofcom.  The ASA refers complaints about political advertising to Ofcom.

The effect of the Communications Act is to require Ofcom to ensure that:

a) No advertisement shows undue partiality in matters of political or industrial controversy or relating to current public policy; and

b) No advertisement is broadcast by, or on behalf of, any body whose objects are wholly or mainly of a political nature, and no advertisement is directed towards any political end.

Ofcom will determine whether an ad or a proposed ad is 'political'. The term 'political’ here is used in a wider sense than ‘party political’. The prohibition includes, for example, issue campaigning for the purposes of influencing legislation or executive action by local, or national (including foreign) governments.

Particular care is required where advertising mentions any government, political party, political movement or state-specific abuse, so as not to break the spirit of these rules, which are intended to prohibit lobbying or electioneering on politically controversial or partisan issues.

c) No advertisement has any relation to any industrial dispute (other than an advertisement of a public service nature inserted by, or on behalf of, a government department).

Ofcom will normally regard having 'any relation to any industrial dispute' to be in furtherance of, or expressing partiality in relation to, such a dispute. Announcements about resumption of normal working following agreement between management and unions, or concerned with public safety during a strike, are acceptable. 'Industrial dispute' includes strikes, walkouts and withdrawals of labour by workers; lock-outs by employers; disputes between managements and differences between rival trade unions.

Trade Unions may advertise, provided the advertising is not politically or industrially contentious. They may recruit members and also promote the services they provide, such as legal advice, insurance and meetings. They may not advertise for support in a ballot, nor refer to particular employers.