Advertising and marketing is influenced and affected by a wide range of Government consultations and policy reviews. Our Regulatory Affairs team monitors developments and responds to relevant consultations, reviews and calls for evidence in order to protect and promote the advertising industry.
Below are details of policy papers that are currently being worked on. If you are a member and would like to learn more about these papers, please contact our Regulatory Affairs Manager, William Blomefield.
E: william.blomefield@adassoc.org.uk
T: 0207 340 1109
The Loss of the OFT as the ASA's Legal Backstop
The Government is consulting on proposals to reform the landscape of consumer
institutions. These proposals include plans to hand over
consumer protection powers to local Trading Standards – in light of the planned
dismantling of the OFT.
We have already
raised our concerns in meetings with Government about how these reforms would
impact upon the ASA as the proposals would lead to Trading Standards becoming
the ASA’s legal backstop. Our view is that local Trading Standards may not have
the necessary competencies, resources or authority to act as an effective legal
back-stop to the ASA system. We are therefore pleased that the paper
acknowledges that a “strong national brand” is needed to take enforcement action
for “large or complex” cases and that having such a brand will act as “strong
deterrence effect” to ensure compliance.
While there are a
number of issues of concern raised in the consultation document, it is important
to note the overriding positive message as the Government makes clear in the
paper its support for “flexible, non-regulatory approaches to ensuring consumers
are empowered and protected”.
We will respond to
this consultation and will circulate our draft response in the coming months
(the deadline for submissions is the 27 September). Contact us if you have any
thoughts / questions or would like to input into our
response.
Cabinet Office Red Tape Challenge
The Coalition Government is inviting proposals from the public and businesses on barriers to growth and areas which could benefit from careful deregulation. The Advertising Association plans to make a submission and is canvassing its members for ideas.
Visit the Red Tape Challenge homepage...
Communications Review
Culture Secretary, Jeremy Hunt, has initiated a wide-ranging communications review, expected to culminate in a new communications framework by 2015. In an open letter, he invites contributions to the review and emphasises the centrality of growth, innovation and deregulation to the Government's thinking. This could be an excellent opportunity for the advertising industry to lead in the development of a regulatory framework that is better for agencies, for businesses and for consumers.
The AA responded to the first stage of the review, but is continuing to develop an industry position as the review process goes forward. We welcome input from our members.
Consultation on the regulation of financial services promotions
The Government has launched a consultation document and white paper, which includes a draft Bill and explanatory notes, on their new approach to financial regulation.
Of note, the Government is legislating to provide the soon-to-be-created successor to the FSA - the Financial Conduct Authority (FCA) - with a range of new tools to support its role as a strong regulator focused on protecting consumers. One new tool being considered is a strengthening of the FCA’s ability to tackle misleading financial advertisements. Other new powers being considered include: the ability to intervene to impose requirements on (or even to ban) products, and the ability to disclose the commencement of formal enforcement action against a firm.
The deadline for responses to this consultation is 8 September and we are keen to respond providing an assessment of industry views on the regulation of financial advertisements in general as well as on the proposed new powers specifically. We are also keen to assess whether the creation of the FCA presents an opportunity to consider the remit that the ASA currently has for financial advertisements. Please do let me know if you have any thoughts / questions, or if you are keen to input into our response.
Read the Government consultation paper.