Brief thoughts on advertising regulations....

Advertising is obviously very powerful, where we subject consumers to a bombardment of information from a company or authority which subtly (or blatantly) tells them to do something. This can be a very sensitive area when deciding what message to tell them and how - which burns the question of who monitors and regulates our industry? I don't claim to speak from an expert opinion, so I can only go by what I have picked up along the way.

Atheist Bus Campaign- Jan 2009

In terms of content, the ASA (Advertising Standards Authorities) manages what the creative agencies can do or say, which does not breach their code of policy. Interestingly, the ASA cannot enforce legislation, nor is it funded by the government - rather is it funded by a levy that is placed on the industry, making it a self-regulatory body. It's role is to investigate any complaints made by consumers and the like about the content of any advertisement - it's job is to ensure that all advertising complies with their code of policy whereby no advert is misleading, ambiguous, inaccurate or otherwise. Some cases which caused controversy was the Jan 2009 'Atheist bus campaign', whereby atheists were promoting their belief that there is 'no god' - this was communicated via posters slapped on the side of buses with the message: 'There probably is no God. So Stop Worrying and Enjoy your Life'. - this caused uproar by many Christian groups. The claim was investigated but was dismissed on the fact that the advert was an expression of the advertiser's opinion and that the claims in it were not capable of objective substantiation - in essence they were not derogatory to people with faith, just merely expressing their own. 

Viceroys cigarette advertisement

Another governing body (of many) within the advertising and communications industry is Ofcom, probably the one that affects us (in this agency) the most. Ofcom is a government-approved regulatory authority for the telecommunications and broadcasting industries in the UK. Ofcom and the ASA compliment each other and ensures consistency in the advertising process. They essentially take the 'fun' out, as they prevent; cigarettes from being advertised, alcohol to be glamorised and perceived as 'you need to drink in order to have fun' and anything illegal such as drugs (obviously). This is all well and good, as they are trying to protect the innocent consumer - but as we enter a more celebrity crazed world, certain rules and regulations have relaxed which advertisers and communication agencies can exploit.


One of the most recent changes in the Ofcom regulations is the allowing of 'Product placement' on UK television. Product placement has always been allowed in the USA and any film coming from USA to our UK screens always blurred out any brands featured. However, the new regulations allows for advertisers to seek new streams of revenue from product placement within TV shows. 


As outlined by the Guardian: 'Four categories of content – films (which in this case includes dramas and documentaries); TV series including soap operas; entertainment shows; and sports programmes – will be free to use product placement.

Placement of alcohol and tobacco products is also barred and the same restrictions apply to gambling, medicines, baby milk and foods that are high in sugar or salt.

Other services that cannot be advertised on television, including escort agencies and weapons, have also been excluded from the new rules by Ofcom' http://www.guardian.co.uk/media/2010/dec/20/ofcom-product-placement-uk-tv

This has already been put into action with music videos having the celebrity sporting branded clothing and accessories, such like Pixie Lott seen to be sporting Lacoste shoes in her music video 'Gravity'.

I don't know why this was never allowed before - quite rightly you cannot advertise in this way to children - however, why not to adults? Surely we are intelligent enough to spot celebrity endorsement, whereby we all don't run out and buy the products because it is seen as a recommendation? Ofcom has clearly seen the benefits which can come from product placement - especially in a time of retail struggle and celebrity craze.Ofcom estimate product placement to generate an annual value of £150m, and worth at least 5% of the total UK advertising market.

 This has opened up a new and exciting way of advertising and communicating our message to our consumers through broadcasting, which is not just a static 30s advert. This lift also applies to radio, where DJ's and presenters can endorse products on air within radio shows - this has more risk of cluttering the airwaves and perceived as more 'annoying' to consumers as you are not relying on visuals and therefore not as subtle.

Are we edging to a country of blatant advertising? UK is known for its subtle and clever advertising, so lets hope we use product placement in the same way.