Losing faith in the ASA

The comments on the thread below make clear the feelings of the creative community regarding the ASA. I respond to plenty of ASA complaints relating to my clients - one of the fun aspects of being a strat planner - and I've always found the ASA to be reasonable and fair. (Okay, so the Sasol rugby decision strikes me as bizarre.)

I imagine advertising creatives would love to be rid of the ASA, and I wonder how many of them realise that it's the ASA or government legislation. Legislation is looming as a real threat in Europe (alcohol and fast food advertising in particular) and there's a real possibility that the same will happen here. And there can be no doubt that the government will be a lot less understanding than the ASA.

So, do we put up with the odd crap decision because the ASA is the lesser of a range of evils? Do we have to give in to the public on the odd issue, in the hope that we might lose the battle but win the war? I'm not sure what the answer to that question is, but the issue is bigger than the stupid ASA vs creative licence. It's the very right to advertise at all.