What happens if an advertisement is found to be in breach of a Code?

If an advertisement is found to be in breach of the ASA Codes, it must be removed and / or amended. This request is made to the advertiser, agency and media directly after Complaints Board meetings. There is an excellent rate of compliance for this process that is essentially voluntary. In addition, all decisions are released to the media and often receive considerable publicity, some may argue the media coverage may be disproportionate to the level of breach against the advertiser and such negative publicity is also a driver for compliance.

 

The work of the ASA is complementary to legislation. If a regulatory authority considers there has been a serious breach, then there are a number of bodies who could prosecute such a case, including the Commerce Commission, Medsafe and the Financial Markets Authority.