Dealing with viewer complaints

While we would like to think that all of our clearance decisions are infallible, unfortunately we can’t guarantee that complaints will not be made to, and possibly upheld by, the Advertising Standards Authority (ASA).

We do all we can to make sure that the ads we clear don’t breach the rules in the The UK Code of Broadcast Advertising but we can’t anticipate all complaints that might be made or be sure that our views on interpretation will always be shared.

The ASA is responsible for dealing with complaints made about TV advertising.

If, having considered a complaint about a TV ad, the ASA Executive thinks there’s a case to answer, the complaint is investigated. Before starting an investigation, the ASA checks whether Clearcast has cleared the relevant ad because we can’t comment on ads we have not cleared.

An investigation starts with receipt of a complaint notification from the ASA. The notification sets out the complaints about the ads and Clearcast is asked to respond within seven days. Advertisers and/or agencies are also asked to comment on complaints and to channel their responses through Clearcast. This is a crucial part of the process and makes sure that Clearcast, which is responsible for the clearance of the ad, is aware of all arguments put forward in defence of particular ads; it also ensures a consistency in responses to the ASA.

The executive or manager responsible for clearing the ad responds to complaints and our responses outline the reasons for our approval, any detailed consideration we may have given either at script or post-production stage and information on whether it was discussed at either our Policy and Copy Meeting (PCM), a group that consists of all our Copy Group Managers, or the Copy Committee which is a group of representatives from our shareholding broadcasters with observing members from the IPA and ISBA. We also provide any evidence received in support of claims and any reports from external consultants.

The ASA Executive assesses responses and decides if it believes the ad breaches the Code; it draws up a draft recommendation, which is the ASA Executive’s proposal to its Council on whether the complaint should be upheld or not. Clearcast and the advertiser are given a chance to comment on the draft, before it is submitted to the ASA Council for adjudication.

When the Council has considered the recommendation, the ASA notifies both Clearcast and the advertiser of the decision. If the complaint is upheld, Clearcast makes sure the decision is communicated to the agency and that the approval of the ad is removed by making it unacceptable on our clearance system. If the complaint is not upheld, no further action is needed. The ASA’s adjudications are published on their website.

Sometimes a decision taken by the ASA Council means that Clearcast has to change the advice it gives, not only to the advertiser whose ad has been complained about but to other advertisers that have similar ads. So keeping up to date with all ASA adjudications is all part of the job.