Discover more about key periods of our history and timeline below:
1961 onwards - Protecting consumers, testing claims
1974 onwards - Introduction of the levy
1988 onwards - Legal backstop
2004 onwards - Becoming the one-stop shop
2010 onwards - New digital advertising formats
Our timeline
Key periods of our history
1961 onwards - Protecting consumers, testing claims
When commercial TV started broadcasting in 1955, the advertisements were controlled by legislation. This was the first time that advertisements – and the claims they made - were subject to any form of formal regulation. When commercial radio was launched in 1973, they too were subject to statutory control.In 1961, the Advertising Association, following discussions with other industry associations, agreed that it was important that advertisements were welcomed and trusted by consumers in non-broadcast media (print, newspapers, posters, direct mailings, billboards etc) too.
As a result, the industry (agencies, media and advertisers) came together to form the Committee of Advertising Practice (CAP) and produced the first edition of the British Code of Advertising Practice. The industry’s actions meant that an official report on Consumer Protection by the Molony Committee, published that same year, rejected the case for an American-style Federal Trade Commission to regulate advertising by statute:
"We are satisfied that the wider problem of advertising ought to be, and can be, tackled by effectively applied voluntary controls. We stress, however, that our conclusion depends on the satisfactory working of the new scheme, and in particular on the continued quality and independence of the Authority at its pinnacle.” [Molony Committee]
In 1962, CAP established the ASA as the independent advertising regulator under the newly created Code. The Authority was set up to supervise the working of the new self-regulatory system in the public interest.
1974 onwards - Introduction of the levy
In 1974, at an Advertising Association conference at which newly appointed Minister for Consumer Protection Shirley Williams also spoke, the OFT’s John Methven criticised the system for not tackling misleading advertising or being well-known enough.In response, the industry set up the Advertising Standards Board of Finance (Asbof) in 1974 to provide sufficient and secure funding for the system through a levy of 0.1% on advertising space costs.
Because the ASA is not responsible for collecting the levy itself, its independence is assured. The levy also provides enough funding for the ASA to promote itself to the public.
1988 onwards - Legal backstop
In 1988, the introduction of the Control of Misleading Advertisements Regulations provided the ASA with legal backing from the Office of Fair Trading (OFT). These regulations enabled the ASA, for the first time, to refer advertisers who made persistent misleading claims and refused to co-operate with the self-regulatory system to the OFT for legal action.The ASA still has the ability to refer problem advertisers for unfair or misleading advertising, but today we would refer under the Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008. The 2008 regulations replaced the Control of Misleading Advertisements Regulations 1988. And, in 2013, responsibility for the legal backstop transferred from the Office of Fair Trading to Trading Standards.
Referral to Trading Standards is a last resort and rarely needed: the overwhelming majority of advertisers work within the system.
2004 onwards - Becoming the one-stop shop
In 2004, after more than forty years of successful self-regulation of non-broadcast ads, the ASA/CAP system assumed responsibility for TV and radio ads.The newly-formed communications regulator, Ofcom, took the decision, in a move supported by Parliament, to contract-out responsibility for broadcast (TV and radio) advertising to the ASA system in a co-regulatory partnership. The co-regulatory agreement created for the first time in the UK a single regulator for advertising – a one-stop shop for advertising complaints.
To create the one-stop shop, broadcast equivalents of the non-broadcast institutions (ASA/ CAP/ Asbof) were established. A new industry committee, the Broadcast Committee of Advertising Practice, was created to write and maintain the Broadcast Advertising Code. The Broadcast Advertising Standards Board of Finance (Basbof) was established to collect the 0.1% levy on broadcast advertising space costs and an ASA (Broadcast) was launched to administer the Codes.
Although there are various constituent parts, the system runs as a single advertising regulator. This is particularly important for members of the public who want a complaints system that’s easy to navigate.
From under 100 complaints in its first year of operation, the ASA now receives over 30,000 complaints a year. This is mainly due to the fact that the one-stop shop ASA is well known; has a much broader remit and it is easier to complain.
2010 onwards - New digital advertising formats
Over the years, the advertising self-regulatory system has responded to changes in society and media. The system is continuing to develop based on the enduring principles that ads should not mislead, harm or offend.Video-on-demand
In December 2009, following the UK Government’s decision that new rules relating to video-on-demand (VOD) services should be delivered under a co-regulatory framework, the ASA entered into a co-regulatory partnership with Ofcom to regulate advertisements accompanying VOD services. VOD meant that consumers were able to watch TV-like programmes at a time of their own choosing, so it was necessary to ensure that these services were subject to similar standards to TV.As with broadcast advertising, VOD service providers who continually show ads that break the Code can be referred to Ofcom, which has the power to fine them or even revoke their license.
Online advertising
In 1995 the ASA’s remit was extended to cover advertisements in ‘non-broadcast electronic media’, predominantly in ‘paid-for space’ online such as banner and display ads and paid-for (sponsored) search.However, by 2007 the Internet had become the second most-complained about medium and the ASA was turning away nearly two-thirds of the complaints it received about online advertising, because they related to claims made on companies’ own websites, which were not subject to the rules.
In September 2010, CAP announced the extension of the ASA’s online remit to cover advertiser’s own marketing communications on their own websites and in other non-paid-for space under their control, such as social networking sites like Facebook and Twitter. Journalistic and editorial content and material related to causes and ideas - except those that are direct solicitations of donations for fund-raising - are excluded from the remit.
Regulation today - Advertising under control
50 years on and advertising in the UK overwhelmingly sticks to the rules. Our compliance surveys regularly reveal that more than 97% of ads are in line with the Advertising Codes.The vast majority of TV and radio ads are pre-cleared before they go on air. There is also lots of free help and guidance available to non-broadcast advertisers in the form of the CAP Advice and training team who offer free, independent and expert advice on how to avoid breaking the rules.
And because the industry is committed to making self-regulation effective, advertisements that break the Codes can be withdrawn swiftly without needing to resort to legal action. If needed, however, the ASA can impose sanctions to bring problem advertisers into line. For example, advertisers who continue to flout the rules can be denied access to advertising media space.
Today’s self-regulatory system has come a long way since 1962, winning the confidence of consumers, industry and government along the way.