Advertising Standards Authority (ASA) Solicitors

The Advertising Standards Authority (ASA) regulates advertising content and conduct across all UK media. It monitors compliance with its CAP (non-broadcast) and BCAP (broadcast) codes, which cover the nature, presentation, and impact of advertising in print, on television and online. The ASA investigates ads that are misleading, harmful, offensive, or irresponsible, as well as issues related to social responsibility, promotional practices, and recognisability. 

The changing nature of advertising online means it is vital for influencers and content creators to understand the rules that they must follow. ASA investigations can come with significant penalties if you are found in breach of the relevant regulations, including referral to Trading Standards or other enforcement bodies. As such, it is vital for online content creators and anyone else involved in producing or publishing advertising to comply with the rules and protect themselves should investigations arise.

For advice and support, contact the expert ASA solicitors at JMW. Our regulatory and compliance team can support you to meet your legal obligations and protect your reputation if you are accused of breaching ASA standards. Call us today on 0345 872 6666 or use our online enquiry form to request a call back.

How JMW Can Help

The ASA can impose various sanctions against advertisers and influencers in breach of its CAP and BCAP codes. If further action is then required, ASA can refer matters to other enforcement bodies, who could impose financial penalties or commence criminal proceedings. It is important for advertisers to take legal advice on any complaint raised by ASA and consider their position carefully. If ASA upholds a complaint, further action could then be taken, which may include restrictions on your social media accounts, withdrawal of advertising opportunities, adverse publications, a negative impact on your marketing campaign, fines or criminal proceedings.

At JMW, our corporate compliance, investigations and prosecutions team has a wealth of experience representing clients in their dealings with regulators and can advise you throughout the investigation process to put forward your defence. We can also advise you on compliance with the regulations, including the requirements for online content creators.

JMW is a full-service law firm, which means we offer a range of complementary services to advertisers, influencers, content creators and others. We can supply media and reputation management support, help you to understand your legal obligations regarding advertising, and represent or defend you during ASA or other enforcement body investigations wherever necessary. Thanks to the breadth of our experience, our clients benefit from relevant expertise no matter the specific complexities of their case.

What Conduct Does the ASA Investigate?

The ASA regulates both the content and placement of ads. As such, it may respond to concerns about misleading or unlawful advertising (like financial or investment advice), advertising that causes harm or offence, or a failure to disclose paid promotions or affiliate links. The rise of AI imagery in depicting products could result in more action taken by the ASA against online content, and the authority has issued guidance for influencers and online creators about the need to clearly label paid-for content. Native advertising that is not clearly identifiable as paid-for content is also a primary concern for the ASA.

The ASA follows a formal procedure after deciding a case merits investigation. The authority's complaints team assesses if the case falls within ASA remit and whether it potentially breaches the CAP or BCAP codes. If an informal resolution (where the advertiser agrees to amend or withdraw the ad) is not appropriate, the ASA can launch a formal investigation. The organisation will contact you and ask you to provide a response, including evidence to support any claims. It can be beneficial to bring the case directly to a solicitor at this point, as legal support from ASA solicitors can make a big difference to your chances of success.

Following its investigation, the ASA prepares a draft recommendation for the ASA Council. The council reviews the evidence and decides whether the complaint should be upheld, partly upheld, or not upheld. The ruling is then published on the ASA website.

If a breach is found, the advertiser is expected to amend or withdraw the ad. Failure to comply means that the ASA can then issue an ad alert to media owners and block future placements, refer the case to a statutory authority or institute other penalties against publishers or creators.

What Are the Penalties for Breaching ASA Rules?

There are several potential consequences for breaking ASA rules, the least severe of which is having the infringing advertisement removed. For influencers and online content creators, removing content that has seen significant engagement can affect several key metrics, although you may have the option to simply amend the content until it complies with the rules.

Because the ASA publishes all its rulings on its website, advertisers can attract negative media coverage regarding their non-compliance. This can affect public trust in the advertiser and damage their reputation. For more serious breaches, advertisers may be placed on the ASA’s list of non-compliant advertisers, which is published online and maintained until the advertiser takes appropriate action. This can damage brand partnerships between advertisers and influencers, and has negative consequences for all parties involved.

The ASA can also work with media owners to deny advertising space to non-compliant advertisers, particularly in cases where breaches represent a pattern of behaviour. It may ask online platforms to remove ads or suspend accounts, and work with search engines to suppress offending ads. When serious concerns arise, the authority can issue ad alerts advising media owners to withhold advertising space from specific companies or products until the advertiser resolves the issue.

The most severe breaches can see advertisers, influencers or platforms referred to other enforcement bodies, where penalties may be more significant. Relevant bodies include:

• Trading Standards (for non-broadcast advertising)
• Ofcom (for broadcast advertising)
• The Competition and Markets Authority

These bodies have the power to take statutory action, including issuing fines or legal proceedings under consumer protection legislation. With all of this in mind, compliance with the rules around online advertising is vital. If you are facing an investigation or are concerned about a potential referral to Trading Standards, call the ASA solicitors at JMW today for tailored advice.

Why Choose JMW?

Any person subject to a regulatory investigation needs legal support to protect their position and avoid the penalties they might otherwise face. In serious cases, breaches of ASA rules can lead to litigation, even in cases where content creators believe they have fulfilled their obligations under the law. The nature of brand partnerships and influencer advertising is such that it can be difficult to strike a balance between adverts that seem natural but which are clearly labelled according to ASA requirements.

The ASA solicitors at JMW understand that there are serious consequences for failures in this area that are best avoided. We also know how simple it can be to mislabel a promotional post without realising you have done anything wrong. Our team is committed to delivering the best possible result, no matter the position you are in with regard to the ASA, the CMA, Trading Standards or any other regulatory body.