The complaint also highlights the ASA’s failure to act on misleading ads that have been previously flagged. For example, the complaint references an ad by Shell promoting its environmental credentials, which was found to be misleading by the ASA. Despite this ruling, Shell has continued to run similar ads, with no apparent consequences.
This failure to enforce its own rulings raises serious questions about the effectiveness of the ASA as a regulator. If companies can flout the rules with impunity, then the whole system of advertising regulation is called into question.
The complaint by the New Weather Institute and Badvertising campaign is a wake-up call for the ASA and the wider advertising industry. It shines a light on the limitations of the current regulatory framework and the need for stronger oversight.
In response to the complaint, the ASA has stated that it will review its advertising strategy and make changes if necessary. However, the fact that it took an external complaint to prompt this review raises concerns about the watchdog’s ability to self-regulate.
Ultimately, the ASA must be held accountable for its own advertising practices. If it is to maintain public trust and credibility as a regulator, it must ensure that its own ads meet the same standards of truthfulness and transparency that it expects from others. Failure to do so risks undermining the integrity of the entire advertising industry. The pitch side advertising was viewed by a television audience of millions.
The Advertising Standards Authority (ASA) recently faced criticism for its inability to investigate certain advertisements, raising concerns about the effectiveness of advertising regulation in the UK. One such instance involved a large digital billboard advert for the airline Easyjet, which read “working towards net zero every day”. The ASA cited that they could not investigate the ad as it was within the airline’s designated space within an airport.
Similarly, another Easyjet ad promoting carbon offsetting schemes, which have since been abandoned by the airline, was also not investigated by the ASA. This was due to an ongoing review of misleading green claims by the travel sector. Complaints regarding ads for oil company BP, and banks Standard Chartered and Barclays were also not investigated, with the ASA citing ongoing reviews within the respective industries.
One of the limitations faced by the ASA is its inability to regulate ads from advertisers not based in the UK, if they are hosted on platforms outside the UK, even if widely viewed within the country. A complaint raised by Adblock Bristol against American oil giant Chevron, for misleading green claims in a paid advertising video on Twitter, was dismissed by the ASA on these grounds.
Criticism has been directed at the ASA for its limited scope, weak enforcement powers, and delay in taking action on complaints. A report by Badvertising highlighted the regulator’s inefficacy in curbing advertising practices contributing to climate harms and greenwashing. The report found that investigations by the ASA can take over a year to reach a conclusion, rendering them ineffective in addressing timely issues.
Dr. Victoria Harvey, an academic researcher, expressed concerns over the ASA’s independence and effectiveness in regulating advertising practices. She highlighted the regulator’s close ties to the industry it oversees, raising questions about its ability to enforce advertising standards impartially.
The ASA’s own advertising campaigns, which portray the watchdog as a comprehensive and effective regulator, have been criticized for being misleading. The regulator’s self-funded model and lack of legal or financial penalties for advertisers further undermine its credibility in ensuring adherence to advertising codes.
Efforts to hold the ASA accountable to the same standards it enforces have been met with challenges, as the regulator claims there is no other body to which complaints can be referred. Calls for more stringent regulations on advertising, especially for harmful and polluting products, have been emphasized in light of the ASA’s limitations in addressing misleading ads.
In conclusion, the ASA’s shortcomings in regulating advertising practices raise concerns about the effectiveness of advertising standards in the UK. Greater transparency, independence, and enforcement powers are needed to ensure that advertising practices align with ethical and truthful standards. Advertisements should not only be held accountable but should also be regulated to prevent the promotion of harmful products and misleading claims.
