The ASA's remit

Printed media

Typically, advertisements that fall in 'paid-for' spaces in newspapers (both national and regional) and magazines that are published in the UK fall within the remit of the ASA. 'Paid-for' does not necessarily mean an exchange of money; a reciprocal arrangement that does not use money could also be considered within the ASA's remit. Advertorials are also within the ASA's remit as long as a reciprocal arrangement of some kind is in place and - crucially - control over the content of the advertorial lies with the advertiser. If the editor of the publication maintains control over the advertorial, the piece is likely to be seen as editorial rather than advertising and will therefore lie outside the ASA's terms of reference.

Broadcast media

As of November 2004, the ASA has had control over broadcast advertising. Advertisements that appear in paid-for advertising spaces on both television and radio are within the ASA's remit to consider. Sponsorship Credits are considered to be part of programming content and therefore fall outside of the ASA's remit, and into Ofcom's remit. Claims on shopping channels can generally be considered, however complaints about non-delivery of items are unlikely to be taken up by the ASA unless there is evidence that the shopping channel has misled people, or that the non-delivery is a widespread problem.

Direct marketing

Direct mailings, circulars, leaflets, unsolicited emails, brochures and catalogues are all typically within the ASA's remit. Items such as timeables and price lists are, however, usually outside the ASA's remit, as provided by Clause 1.2 of the CAP Code. Private correspondence, such as a doctor's letter or a bill are also outside its remit, however a leaflet included with the private correspondence would be covered if it were promoting a new or different product.

Internet

The Internet by its very nature is largely unregulated and the ASA has very specific terms of reference with regards to advertising on the Internet. Claims on a company's own website are generally outside of the ASA's remit. However, the ASA can typically consider claims that appear in 'paid-for' spaces on the Internet; i.e. pop up ads, banner ads and sponsored links. However the CAP Code can only apply to marketers who advertise within the United Kingdom - given the non-geographical nature of the Internet this can be hard to determine. For example, claims by an American company in a sponsored link on Google.com would be outside its remit, whereas claims by an United States|American company in a sponsored link on Google.co.uk would be inside its remit. As well as the above, online sales promotions (see below) are within the ASA's remit as long as they appear in "British web space".

Sales promotions

The Institute of Sales Promotion (ISP) has had big say over the years as to how Sales Promotions should be administered. Working to the same Code as the ASA, the ISP can refer complaints to the ASA when it feels there has been a breach of Sales Promotions rules. That being said, there has been no clear definition of what constitutes a sales promotion for the purpose of the CAP Code. Examples of Sales Promotions are:

    * Buy One Get One Free (BOGOF) offers

    * 25% extra free offers

    * Discounted purchase offers

    * Ongoing loyalty reward schemes, such as Air Miles

    * Scratch Cards, Lotteries, Prize Draws, etc.

This is by no means an exhaustive list, but it gives an idea of what may be considered a sales promotion. Not all offers that give the consumer something free with a particular purchase may be considered sales promotion. For example, a mobile phone deal that offers a free Bluetooth headset may not be considered a sales promotion per se - it could be seen as part of a package deal.

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