Unit 2 l aim b (1) (1)

an essay on uk media as a whole, specifically the advertising industry.

The advertising industry, how it is structured, and what careers
prospects are there
The creative industries in the United Kingdom have long been perceived as amongst the
most successful and influential across not only the continent but the globe. Falling mainly,
behind other world powers such as the US, China, and Japan. The main sectors in the uk
media industry that contribute to this success each have their own structures, the services
they provide will greatly impact what these structures will look like. To begin with, one of
the larger sectors is Film.
The BFI is a cultural charity that uses lottery money to fund the production of films within
the UK for the betterment of British film. They are known to fund multiple film projects to
encourage more diversity in production companies, primarily supporting smaller companies.
This work has gained them a top spot in the sector, according to them there were 80,000
people working in film within the UK during 2016. 50,000 of those worked in production.
However, the filmsector is not always stable to build a career in, 49% of those in production
are self-employed. Meaning that this sector largely involves actively seeking out short term
contracts for multiple different companies within the year, often in varying sizes and
budgets. UK film runs on networking and building your reputation with top
producers/directors, meaning its structure is very eclectic and ever changing.
Moving onto another successful sector in the UK, television is amongst the most
complicated due to its heavy connections with the press. To understand its structure, we
first need to understand public service and commercial media. A real-world example in UK
media is the BBC, which is one of a selection of companies classed as public service media.
The BBC as well as channels 3,4, and 5 are devoted to being disconnected to any political
party to deliver high-quality broadcasting content. These are funded by the government and
tv licenses paid by the public, commercial media however is produced by privately owned
companies who gain their funding from profits generated by their programmes and
advertising space during breaks. However, the divide between public service and
commercial media are not always black and white. The BBC is funded in the same way public
service channels, but to compete with commercial media they must also gain portions of
their profits commercially. So while their documentaries etc are public service, certain tv
shows may have advertisements and sponsorships.
Two of the most driving forces behind the astounding success of UK media, are the
advertising and marketing industries because this advertising specifically is considered an
extremely complex but promising career path for those who seek employment. According to
the Creative Industries Council, this industry adds £120billion to the UK economy, largely by
creating healthy competition between businesses to encourage activity and further
prosperity. Aside from the public sector, this is one of the most central industries in UK
media. Advertising is so crucial because it intertwines with others, a great example being
commercial tv channels, which earn large portions of their profits by selling the breaks
between scheduled broadcasting as advertising space. It is estimated that 1/3rd of UK
television revenue is gained through these methods.
Based on a survey done by the Wow Company involving 471 agencies, the average agency
has a revenue of £1million, 12 billable employees, and four full freelancers. The average rate
said agencies charged for their services as of 2017 was £86 per hour, rates have been
predicted to increase as the demand for high-quality online and digital presences in line
with the ever-developing technology. Agencies are likely to be in such a stable position in
terms of business, that 52% of survey participants stated that they wouldn’t work on
projects below £5,000, this is such a successful method of running their agencies that 10%
of their thresholds are £25,000. After researching how agencies themselves report their
business methods, I believe that in this sector there is a correlation between the size of
projects undertaken and the profits gained by the company. This data indicates that a high
percentage of agencies operating within the UK are prospering, therefore we can infer that
the current structures being utilised in advertising currently are effective. My prediction
after in-depth research and analysis is that as we continue to see companies successfully
raising their profits, we will see an increase in the number of skilled professionals finding
careers in this pathway. Thankfully, advertising is amongst the most diverse in terms of
desired skillsets. From data analysis to artistic innovation, the job roles often seen in
agencies leave a lot of employment opportunities.
The Official Government Statistics of 2015 state that there are 499,000 advertising and
marketing jobs in the UK economy, with the Advertising Agency believing that as much as
one million jobs within the United Kingdom rely on the advertising sector. An explanation
for such a high number would most likely be that advertising agencies can sometimes
employ large teams of highly skilled media professionals from across the sectors. With their
skillsets varying from film production, music, copywriting, fashion, or photography. Different
clients require different methods of advertising, which means that a variety of different
employees being hired can lead to a better service being provided. Typically, those working
in this sector will either be working freelance directly with clients, or they will be employed
in what’s known as an advertising agency. These companies will adapt their structures and
writing processes to best suit the product required by the client, for example, agencies
specialising in tv, radio, or print advertisements will likely have contrasting inner workings
due to the different requirements involved with such different platforms. However, there is
one overall hierarchy/flowchart that each agency will build the foundations of their
management and creative structures.
A breakdown of the typical inner workings would be something like this: At the top will be
the board of directors, board members act on behalf of the shareholders (which are people
who pay to own sections of the company), they manage affairs such as business which may
involve merges and takeovers by larger corporations within the industry. The board of
directors is such a critical part of advertising agencies because any company, regardless of
how creative their services, needs to be financially successful to stay in business. Therefore,
this job role has an ethical, moral, and professional responsibility to manage the financing of
the company in a way that is legal and benefits the company for it to prosper. Their
management of this company will determine whether they can afford to pay the possible
hundreds of employee salaries.
Below the board of directors will be the president of the company, this individual oversees
any production or business done and liaises with the directors of each department to ensure
the agency is collaborating cohesively. The varying departments will usually entail Marketing
(which provide an in-depth strategy, analysis, and planning to determine current trends and
interests within relevant markets), Administration (HR, Customer service, office
management, and front desk), and the creative department responsible for creative
services, production, and development of advertising content. To have such a structure may
seem at first confusing, actually creates a constructive work ethic. Each employee within the
numerous departments has a designated job role and a director to report to, who in turn
can commune with other directors and ensure maximum productivity within the agency.
Agencies often work this way throughout the advertising industry, which means this
information is crucial to its inner workings. As well as what makes certain agencies more
successful than others. Prime examples of key players include Bartle Bogle Hegarty, BD
Network, and Adam & Eve DDB.
Aside from the managerial hierarchy, there is a large selection of job roles an individual can
choose from when entering or working in the advertising agency. One such job role is what
is known as a ‘Media Planner’. If a person were to take this job within an agency, they would
become largely responsible for the success of the company. Different Media types can be
used to promote the products of a company, which means that media planners are
responsible for selecting the appropriate platforms that will host paid advertisements by the
company they work for. The day-to-day tasks of these employees will consist of determining
where, how, how often these adverts will be distributed to gain optimal results (this could
be measured by audience engagement with the adverts and how often they research into
the company).
Another job role in the creative department of an agency is an art director, the
responsibilities of this role likely vary depending on whether the individual decides to work
self-employed. However, common tasks could include creating and maintaining any visual
aspects of a client's marketing content of accounts (produced on platforms selected by the
media planner). They will direct all visual elements for a campaign, regardless of whether it
means designing ads, outdoor media, or brochures on behalf of the agency and their clients.
Regular responsibilities include meeting with a copywriter to develop campaign concepts
and holding regular brainstorming sessions with members of the creative team.
The role ethics play in employment within the advertising sector
Representations of groups, individuals, and religions
There are many social expectations, rules, and regulations put in place for advertising to
make certain these businesses cause no harm or offence with their products and
promotions for their audiences. Unquestionably, the media has influence, and therefore any
kind of advertisement is responsible for conveying a memorable message to the audience.
There must be rules in place that verify said message will cause no harm to any groups,
organisations, or minorities. One ethical issue regarding representations within advertising
is gender representation. It is believed that over 91 percent of women feel they cannot
connect with many adverts due to gender inequality. This does not take into account the
many gender identities outside the male/female binary system. Advertisements of any
platform must be produced outside of the perspective of a cisgender male. Many
products/topics including, hygiene products, topics of social inequality deserve to be
produced respectful of the representation of those in the audience viewing their social
demographic being included.
Many other groups are at risk of harmful representation, including but not limited to;
disabled, neurodivergent, people of colour, varying religious identities and sexual
orientations. Stuart hall once theorised that reality is mediated through language, which in
the context of advertising would mean that the visual or written language encoded into an
agency's content, will influence how the viewers perceive individuals or topics related to
what is being represented. An example would be that if a company were to use negative
stereotyping of an African American individual, either to demonise or use them as a source
of amusement at the expense of that community. If we are to believe hall’s theory, this
would mean that the messages and visuals that have been encoded, either knowingly or
unknowingly, by an employee of that agency have perpetuated extremely negative and
stereotypical narratives. Furthermore, it entails that the agency could have permanently
impacted the way their audience interacts with the African American community.
However, these creative decisions in terms of ethical representation do not only impact the
mass audience. If certain employees can weave in possibly harmful ideologies into their
work, it opens up the workplace to rising tensions. Going by my last example, if one
employee is allowed to include a harmful narrative of African Americans, fellow employees
belonging to the said community will likely begin to feel discomfort. Discomfort between
employees during what is mostly collaborative work will no doubt impact their ability to
efficiently work on agency projects. Not only giving the agency a financial/legal
responsibility to deescalate this issue to save profits, but they are also ethically responsible
to ensure all employees feel safe and respected in their workplace. It is because of this that
professional practice is regularly enforced by companies, a few examples relevant to ethics
involve rules against any hostility towards others, especially hostility related (but not limited
to) sexual orientation, gender, religious identity, or ethnicity.
Accessibility
The next topic in the discussion of how ethics impact the responsibility of employees in
advertising, and media overall, is Accessibility. Accessibility refers to how inclusive
something is to those not as able-bodied as the mass audience, with examples being those
hard of sight or hearing. This has such an important role because employees have an ethical
responsibility to make the message of their client as widely exposed as possible, which can
be limited if large percentages of the audience aren’t able to interact with said message.
Therefore, for the employee to produce their best work, they must make their advertising
content as accessible as possible. Ways to make this possible include; adding captions for
audio/visual content for the hard of hearing, Using a narrator if your advertisement contains
large amounts of visual information and little audible info, and making sure to always make
use of visual description on cohesion with images whenever possible. All of this will make an
advertisement creator successful, productive, and ethical in their work environment.
Employees who manage to achieve this often find themselves with greater career prospects
within their agencies.
Use of Language
The use of language plays such a crucial role in advertising that it cannot be emphasised.
Those with a creative career in this industry should, or already will, understand the
influence their choice of words will have on those who view the content they produce. The
choice of vocabulary will influence how said audience perceives what is being represented.
Linking back to the discussion of ‘reality being mediated through language’, each creator in
this industry has an ethical responsibility to choose their words cautiously. For example, if
the creator uses an offensive slur, or chooses written language that would not resonate with
the mindset of their target audience. The impact of such creative decisions could negatively
affect the mass audience or create tension with fellow employees or media creators.
Legalconsiderationsfor those building careersin advertising
Advertising in the UK is strictly regulated, meaning all employees in the industry must
ensure that their work is socially responsible (not encouraging illegal, harmful, or antisocial
behaviour), legal, decent, and most important of all truthful. Huge sections of the laws put
in place regarding advertising in this country revolve around the idea of creators misleading
or deceiving their audiences. Because of this, anyone making a career for themselves in any
of the advertising job roles must be mindful of how they choose to present their brands and
products. Any deviation from the regulations put in place will harm either their profits or
that of their agency. Clients must covet their branding reputations diligently, no one will
want to trust their reputation with someone who has a history of deception and illegal
practices. Likely impacting your chances of staying employed in this industry.
Because advertising varies in terms of distribution platforms and categories of content,
writing and upholding regulations for this industry Is a large task. Meaning there are
multiple governing bodies charged to take on this task, hopeful employees must learn about
such organisations as they will designate what is and isn’t appropriate for your practice as a
content creator or media strategist of any kind. The first company to highlight will be the
Committee of Advertising Practice (CAP), these are the people that draft the regulations you
will need to follow. Secondly, there is the sister organisation, the Advertising Standards
Authority which is responsible for upholding such regulations. In 2020 they dealt with
36,342 complaints regarding 22,823 ads, quite often in these cases the content or
messaging of these ads had to be altered because of the ASA. The ASA will likely screen your
advertisements if they belong to certain sectors, making sure you get the regulations right
before it is even published. Advertising codes require all advertisers to provide evidence to
support any claims made before they are published or aired. Meaning they work in your
best interest, at no/little cost to taxpayers, to ensure the regulations involving your
practices are written and upheld fairly and transparently. Alongside the CAP, these
companies exist independently from the government and represent advertising agencies,
media owners, and the UK advertising industry as a whole.
ASA rulings are universal, while they represent all advertisers when writing and upholding
rules, none can choose to opt-out of following them. For example, if you do not follow
regulations and refuse to withdraw or amend your advert you will likely be subjected to a
variety of sanctions. The ASA does not solely hold jurisdiction on every sector of advertising,
which means that the worst-case scenario the company ASA defers you to may differ. If you
work to produce non-broadcasted advertisements, you may be brought before the Trading
Standards. Alternatively, broadcasted adverts will be referred to Ofcom (They oversee
communications as a whole and largely deal in complaints and regulations involving
broadcasted/aired work). Both bodies act as a legal backstop for the ASA, they have the
power to investigate and prosecute agencies/workers who do not comply on a national
level.
According to gov.uk, examples of existing laws/regulations within the UK include ‘The
Consumer Protection from Unfair Trading. This prevents businesses fromusing false or
deceptive messages, leaving out information to portray a certain narrative, or using any
techniques deemed aggressive while marketing to consumers. There is also the ‘Business
Protection from Misleading Marketing Regulations’, which prevents advertisement
producers of any job role from using trademarks or logos. Particularly to compare their
product that does not fulfil the same purpose of your own. This means you cannot bring
down a competitor’s product and judge it based on merits it was never meant to meet, all to
convince your client's target audience your product is superior. Such methods come under
the umbrella term of Libel and slander. In terms of punishments for not following these
regulations, agencies or employees could face copyright/libel lawsuits and fines.

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Unit 2 l aim b (1) (1)

  • 1. The advertising industry, how it is structured, and what careers prospects are there The creative industries in the United Kingdom have long been perceived as amongst the most successful and influential across not only the continent but the globe. Falling mainly, behind other world powers such as the US, China, and Japan. The main sectors in the uk media industry that contribute to this success each have their own structures, the services they provide will greatly impact what these structures will look like. To begin with, one of the larger sectors is Film. The BFI is a cultural charity that uses lottery money to fund the production of films within the UK for the betterment of British film. They are known to fund multiple film projects to encourage more diversity in production companies, primarily supporting smaller companies. This work has gained them a top spot in the sector, according to them there were 80,000 people working in film within the UK during 2016. 50,000 of those worked in production. However, the filmsector is not always stable to build a career in, 49% of those in production are self-employed. Meaning that this sector largely involves actively seeking out short term contracts for multiple different companies within the year, often in varying sizes and budgets. UK film runs on networking and building your reputation with top producers/directors, meaning its structure is very eclectic and ever changing. Moving onto another successful sector in the UK, television is amongst the most complicated due to its heavy connections with the press. To understand its structure, we first need to understand public service and commercial media. A real-world example in UK media is the BBC, which is one of a selection of companies classed as public service media. The BBC as well as channels 3,4, and 5 are devoted to being disconnected to any political party to deliver high-quality broadcasting content. These are funded by the government and tv licenses paid by the public, commercial media however is produced by privately owned companies who gain their funding from profits generated by their programmes and advertising space during breaks. However, the divide between public service and commercial media are not always black and white. The BBC is funded in the same way public service channels, but to compete with commercial media they must also gain portions of their profits commercially. So while their documentaries etc are public service, certain tv shows may have advertisements and sponsorships. Two of the most driving forces behind the astounding success of UK media, are the advertising and marketing industries because this advertising specifically is considered an extremely complex but promising career path for those who seek employment. According to the Creative Industries Council, this industry adds £120billion to the UK economy, largely by creating healthy competition between businesses to encourage activity and further prosperity. Aside from the public sector, this is one of the most central industries in UK media. Advertising is so crucial because it intertwines with others, a great example being commercial tv channels, which earn large portions of their profits by selling the breaks between scheduled broadcasting as advertising space. It is estimated that 1/3rd of UK television revenue is gained through these methods.
  • 2. Based on a survey done by the Wow Company involving 471 agencies, the average agency has a revenue of £1million, 12 billable employees, and four full freelancers. The average rate said agencies charged for their services as of 2017 was £86 per hour, rates have been predicted to increase as the demand for high-quality online and digital presences in line with the ever-developing technology. Agencies are likely to be in such a stable position in terms of business, that 52% of survey participants stated that they wouldn’t work on projects below £5,000, this is such a successful method of running their agencies that 10% of their thresholds are £25,000. After researching how agencies themselves report their business methods, I believe that in this sector there is a correlation between the size of projects undertaken and the profits gained by the company. This data indicates that a high percentage of agencies operating within the UK are prospering, therefore we can infer that the current structures being utilised in advertising currently are effective. My prediction after in-depth research and analysis is that as we continue to see companies successfully raising their profits, we will see an increase in the number of skilled professionals finding careers in this pathway. Thankfully, advertising is amongst the most diverse in terms of desired skillsets. From data analysis to artistic innovation, the job roles often seen in agencies leave a lot of employment opportunities. The Official Government Statistics of 2015 state that there are 499,000 advertising and marketing jobs in the UK economy, with the Advertising Agency believing that as much as one million jobs within the United Kingdom rely on the advertising sector. An explanation for such a high number would most likely be that advertising agencies can sometimes employ large teams of highly skilled media professionals from across the sectors. With their skillsets varying from film production, music, copywriting, fashion, or photography. Different clients require different methods of advertising, which means that a variety of different employees being hired can lead to a better service being provided. Typically, those working in this sector will either be working freelance directly with clients, or they will be employed in what’s known as an advertising agency. These companies will adapt their structures and writing processes to best suit the product required by the client, for example, agencies specialising in tv, radio, or print advertisements will likely have contrasting inner workings due to the different requirements involved with such different platforms. However, there is one overall hierarchy/flowchart that each agency will build the foundations of their management and creative structures. A breakdown of the typical inner workings would be something like this: At the top will be the board of directors, board members act on behalf of the shareholders (which are people who pay to own sections of the company), they manage affairs such as business which may involve merges and takeovers by larger corporations within the industry. The board of directors is such a critical part of advertising agencies because any company, regardless of how creative their services, needs to be financially successful to stay in business. Therefore, this job role has an ethical, moral, and professional responsibility to manage the financing of the company in a way that is legal and benefits the company for it to prosper. Their management of this company will determine whether they can afford to pay the possible hundreds of employee salaries.
  • 3. Below the board of directors will be the president of the company, this individual oversees any production or business done and liaises with the directors of each department to ensure the agency is collaborating cohesively. The varying departments will usually entail Marketing (which provide an in-depth strategy, analysis, and planning to determine current trends and interests within relevant markets), Administration (HR, Customer service, office management, and front desk), and the creative department responsible for creative services, production, and development of advertising content. To have such a structure may seem at first confusing, actually creates a constructive work ethic. Each employee within the numerous departments has a designated job role and a director to report to, who in turn can commune with other directors and ensure maximum productivity within the agency. Agencies often work this way throughout the advertising industry, which means this information is crucial to its inner workings. As well as what makes certain agencies more successful than others. Prime examples of key players include Bartle Bogle Hegarty, BD Network, and Adam & Eve DDB. Aside from the managerial hierarchy, there is a large selection of job roles an individual can choose from when entering or working in the advertising agency. One such job role is what is known as a ‘Media Planner’. If a person were to take this job within an agency, they would become largely responsible for the success of the company. Different Media types can be used to promote the products of a company, which means that media planners are responsible for selecting the appropriate platforms that will host paid advertisements by the company they work for. The day-to-day tasks of these employees will consist of determining where, how, how often these adverts will be distributed to gain optimal results (this could be measured by audience engagement with the adverts and how often they research into the company). Another job role in the creative department of an agency is an art director, the responsibilities of this role likely vary depending on whether the individual decides to work self-employed. However, common tasks could include creating and maintaining any visual aspects of a client's marketing content of accounts (produced on platforms selected by the media planner). They will direct all visual elements for a campaign, regardless of whether it means designing ads, outdoor media, or brochures on behalf of the agency and their clients. Regular responsibilities include meeting with a copywriter to develop campaign concepts and holding regular brainstorming sessions with members of the creative team. The role ethics play in employment within the advertising sector Representations of groups, individuals, and religions There are many social expectations, rules, and regulations put in place for advertising to make certain these businesses cause no harm or offence with their products and promotions for their audiences. Unquestionably, the media has influence, and therefore any kind of advertisement is responsible for conveying a memorable message to the audience. There must be rules in place that verify said message will cause no harm to any groups, organisations, or minorities. One ethical issue regarding representations within advertising is gender representation. It is believed that over 91 percent of women feel they cannot
  • 4. connect with many adverts due to gender inequality. This does not take into account the many gender identities outside the male/female binary system. Advertisements of any platform must be produced outside of the perspective of a cisgender male. Many products/topics including, hygiene products, topics of social inequality deserve to be produced respectful of the representation of those in the audience viewing their social demographic being included. Many other groups are at risk of harmful representation, including but not limited to; disabled, neurodivergent, people of colour, varying religious identities and sexual orientations. Stuart hall once theorised that reality is mediated through language, which in the context of advertising would mean that the visual or written language encoded into an agency's content, will influence how the viewers perceive individuals or topics related to what is being represented. An example would be that if a company were to use negative stereotyping of an African American individual, either to demonise or use them as a source of amusement at the expense of that community. If we are to believe hall’s theory, this would mean that the messages and visuals that have been encoded, either knowingly or unknowingly, by an employee of that agency have perpetuated extremely negative and stereotypical narratives. Furthermore, it entails that the agency could have permanently impacted the way their audience interacts with the African American community. However, these creative decisions in terms of ethical representation do not only impact the mass audience. If certain employees can weave in possibly harmful ideologies into their work, it opens up the workplace to rising tensions. Going by my last example, if one employee is allowed to include a harmful narrative of African Americans, fellow employees belonging to the said community will likely begin to feel discomfort. Discomfort between employees during what is mostly collaborative work will no doubt impact their ability to efficiently work on agency projects. Not only giving the agency a financial/legal responsibility to deescalate this issue to save profits, but they are also ethically responsible to ensure all employees feel safe and respected in their workplace. It is because of this that professional practice is regularly enforced by companies, a few examples relevant to ethics involve rules against any hostility towards others, especially hostility related (but not limited to) sexual orientation, gender, religious identity, or ethnicity. Accessibility The next topic in the discussion of how ethics impact the responsibility of employees in advertising, and media overall, is Accessibility. Accessibility refers to how inclusive something is to those not as able-bodied as the mass audience, with examples being those hard of sight or hearing. This has such an important role because employees have an ethical responsibility to make the message of their client as widely exposed as possible, which can be limited if large percentages of the audience aren’t able to interact with said message. Therefore, for the employee to produce their best work, they must make their advertising content as accessible as possible. Ways to make this possible include; adding captions for audio/visual content for the hard of hearing, Using a narrator if your advertisement contains large amounts of visual information and little audible info, and making sure to always make use of visual description on cohesion with images whenever possible. All of this will make an
  • 5. advertisement creator successful, productive, and ethical in their work environment. Employees who manage to achieve this often find themselves with greater career prospects within their agencies. Use of Language The use of language plays such a crucial role in advertising that it cannot be emphasised. Those with a creative career in this industry should, or already will, understand the influence their choice of words will have on those who view the content they produce. The choice of vocabulary will influence how said audience perceives what is being represented. Linking back to the discussion of ‘reality being mediated through language’, each creator in this industry has an ethical responsibility to choose their words cautiously. For example, if the creator uses an offensive slur, or chooses written language that would not resonate with the mindset of their target audience. The impact of such creative decisions could negatively affect the mass audience or create tension with fellow employees or media creators. Legalconsiderationsfor those building careersin advertising Advertising in the UK is strictly regulated, meaning all employees in the industry must ensure that their work is socially responsible (not encouraging illegal, harmful, or antisocial behaviour), legal, decent, and most important of all truthful. Huge sections of the laws put in place regarding advertising in this country revolve around the idea of creators misleading or deceiving their audiences. Because of this, anyone making a career for themselves in any of the advertising job roles must be mindful of how they choose to present their brands and products. Any deviation from the regulations put in place will harm either their profits or that of their agency. Clients must covet their branding reputations diligently, no one will want to trust their reputation with someone who has a history of deception and illegal practices. Likely impacting your chances of staying employed in this industry. Because advertising varies in terms of distribution platforms and categories of content, writing and upholding regulations for this industry Is a large task. Meaning there are multiple governing bodies charged to take on this task, hopeful employees must learn about such organisations as they will designate what is and isn’t appropriate for your practice as a content creator or media strategist of any kind. The first company to highlight will be the Committee of Advertising Practice (CAP), these are the people that draft the regulations you will need to follow. Secondly, there is the sister organisation, the Advertising Standards Authority which is responsible for upholding such regulations. In 2020 they dealt with 36,342 complaints regarding 22,823 ads, quite often in these cases the content or messaging of these ads had to be altered because of the ASA. The ASA will likely screen your advertisements if they belong to certain sectors, making sure you get the regulations right before it is even published. Advertising codes require all advertisers to provide evidence to support any claims made before they are published or aired. Meaning they work in your best interest, at no/little cost to taxpayers, to ensure the regulations involving your practices are written and upheld fairly and transparently. Alongside the CAP, these companies exist independently from the government and represent advertising agencies, media owners, and the UK advertising industry as a whole.
  • 6. ASA rulings are universal, while they represent all advertisers when writing and upholding rules, none can choose to opt-out of following them. For example, if you do not follow regulations and refuse to withdraw or amend your advert you will likely be subjected to a variety of sanctions. The ASA does not solely hold jurisdiction on every sector of advertising, which means that the worst-case scenario the company ASA defers you to may differ. If you work to produce non-broadcasted advertisements, you may be brought before the Trading Standards. Alternatively, broadcasted adverts will be referred to Ofcom (They oversee communications as a whole and largely deal in complaints and regulations involving broadcasted/aired work). Both bodies act as a legal backstop for the ASA, they have the power to investigate and prosecute agencies/workers who do not comply on a national level. According to gov.uk, examples of existing laws/regulations within the UK include ‘The Consumer Protection from Unfair Trading. This prevents businesses fromusing false or deceptive messages, leaving out information to portray a certain narrative, or using any techniques deemed aggressive while marketing to consumers. There is also the ‘Business Protection from Misleading Marketing Regulations’, which prevents advertisement producers of any job role from using trademarks or logos. Particularly to compare their product that does not fulfil the same purpose of your own. This means you cannot bring down a competitor’s product and judge it based on merits it was never meant to meet, all to convince your client's target audience your product is superior. Such methods come under the umbrella term of Libel and slander. In terms of punishments for not following these regulations, agencies or employees could face copyright/libel lawsuits and fines.