What you need to know about the new direct marketing guidance note
Nadine Mather and Chloë Loubser
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Maintaining ASA quality is vital, says DTI
The debate around the future of the ASA has been given a new twist following the first official acknowledgment of its value and the relevance of effective self-regulation in the advertising industry.
ASA executive director Deline Beukes has welcomed favourable comment from the Department of Industry and its Consumer & Corporate Regulation Division.
The DTI's view was elicited in recent contacts with Trade & Industry Minister Alec Erwin.
However, Beukes notes that an implied challenge is contained within the DTI's broadly favourable view of self-regulation.
The department says the key factors are the effectiveness of consumer protection and "the continued quality and independence" of the ASA itself.
Beukes adds: "In effect, the DTI has endorsed the work of re-invention at the ASA that has resulted in better representation of civil society and consumer groups within ASA structures.
"ASA efforts to communicate the consumer's right to honest and socially responsible advertising also receive implied approval as the DTI assessment lays particular stress on transparency, consumer access and awareness.
"Consumers use the ASA's complaint procedures for the price of a stamp or phone call. Our workload rose to record levels this year at no cost to government."
The flexibility of current arrangements also gets the nod.
The DTI assessment observes: "In determining what is likely to cause widespread offence, the ASA is not engaging in censorship, but rather reflecting public expectations. This is a major benefit of self-regulation. It is very flexible and not time-based ...
"As a 'living code', the Code of Advertising Practice is in an excellent position to be aware of changes in social attitudes and to change to keep pace with them."
The DTI 'report card' gives self-regulation good marks for:
Government officials acknowledge that negative publicity can be damaging in the marketing industry and therefore this sanction can be powerful. So can the refusal of media owners to carry advertising that is found to contravene the ASA code.
The document also notes that the ASA has now adopted a new sanction that compels code violators to publish a summary of the ASA ruling on their case in the media that carried the offending ad.
Even so, the DTI cautions: "The absence of a genuinely dissuasive and punitive sanction is ... a major weakness in a code. Without such sanctions it is difficult to determine how a good level of overall compliance could be achieved."
Says Deline Beukes: "The reference to a 'punitive sanction' suggests government might have stronger strictures in mind should the current system of voluntary compliance ever prove ineffective.
"The challenge, then, is to maintain a quality service while demonstrably achieving high levels of effectiveness."
Quality may have to be maintained in the face of increasing demands on the ASA. The DTI makes it plain that consumer protection and consumer awareness are key. Recent ASA advertising campaigns to help ensure both resulted in a rise of 80% in the number of consumer complaints, putting increased strain on ASA services.
Beukes adds: "The need for the ASA is stronger than ever. So is demand. This is highly satisfying and uniquely challenging."
