Waivers

Under the ASA Rules, complainants are asked to waive their right to take or continue proceedings against the parties to the complaint, including the advertiser, publisher, broadcaster or agency.

The waiver is required to encourage both the complainant and the advertiser to take the ASA process seriously and to minimise the risk of forum shopping, where the ASA process is used as a trial run before taking the same complaint to a different jurisdiction.

In addition, complainants are asked to confirm they are not a competitor to the advertiser they are complaining about.

The ASA runs a separate user-pays process for competitor complaints and the free process using the online complaint form is for consumers.

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