Section 2(b) of the Second Schedule of the ASA Constitution, on the procedures of the Advertising Standards Complaints Board, requires that complainants waive the right to take or continue proceedings against the advertiser, publisher or broadcaster concerned, if the complaint is judged to be within the Complaints Board’s jurisdiction.
This requirement is to avoid the possibility of the Board’s determination being used as a ‘trial run’ for further action and to encourage all parties to take the complaints process seriously.
Note: There is provision for any party to appeal a Ruling of the Complaints Board Chairman or a Decision of the Complaints Board. This is in addition to your right of judicial review under Section 27 of the Bill of Rights Act. This waiver does not affect your appeal or judicial review rights.