Introduction

The regulatory system for broadcast advertisements (i.e. TV and radio) changed radically in 2004 with the start of a 'co-regulatory' system, an agreement between Government (in the form of Ofcom) and a self-regulatory body (the ASA, which has been set up by the advertising industries). The agreement is reflected in a contract between the two parties, setting out the expectations for what the ASA is meant to achieve, and also noting where statutory accountability and sanctions apply. As will be seen in the detail of the regulations below, this allows for a certain degree of democratic oversight of the co-regulatory system, although this is much less direct than is generally the case in purely statutory systems.

The two main broadcast codes themselves (3 and 4 below) are a product of this recent agreement, with the codes primarily being adaptations of the codes previously in operation. Noting concerns over alcohol however, Ofcom initiated a programme of consultation about changes to the alcohol codes, which was completed under the new co-regulatory system. Aside from meaning that the codes are very recent (and indeed only came into full force during the course of the ELSA project), the public debate around the consultation has also meant a high level of scrutiny of the text of the codes in recent years.

Outside of the TV and radio restrictions in this co-regulatory system, the advertising regulations for other media are less developed. Both the Portman Group code and the Sales Promotion code count as more conventional self-regulation, and therefore have a lower level of accountability (e.g. they are not accountable to Parliament). Aside from the content of the regulations - which is less strict than the co-regulatory codes - there are also substantial differences in process between these codes and the broadcast codes that are embedded in law. The Portman Group code, for example, only allows appeals by the drinks producer, while the co-regulatory system has the 'Independent Reviewer of ASA Adjudications' available to both sides.

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The text is derived from the ELSA project which is completed in 2007, but will be updated soon.