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Each country has its own regulator for advertising - and in many instances these are self-regulatory bodies, meaning the advertising industry itself finances, resources and governs its regulator. In France, it is the Autorité de Régulation Professionnelle de la Publicité (ARPP), in Germany it is Deutscher Werberat. There is no international regulator for advertising.
The Advertising Standards Authority (ASA) is the ad industry’s self-regulation body in the United Kingdom, and it demonstrates some of the challenges and opportunities of controlling high carbon adverts. Its sister organisation the Committee on Advertising Practice (CAP) writes the regulatory ‘codes’ that marketers must adhere to when creating ads. Under focused pressure, the ASA and CAP have in the past altered the codes that advertisers are supposed to follow when creating adverts. Stricter codes have recently been written for junk food advertising and gender stereotyping.
The limits of the ASA
In September 2021 the ASA announced it was reviewing its environmental codes of conduct to address challenges posed by the climate emergency, following recommendations from the IPPC and the UK Climate Change Committee. The organisation said it would produce new guidance tackling issues of misleading environmental claims and socially irresponsible adverts.
However the organisation still repeatedly fails to uphold, or in many cases even investigate, complaints filed for environmentally harmful and socially irresponsible adverts. These include:
A failure to investigate adverts containing misleading environmental claims about offsetting – dubbed ‘greenwash’ – and placed in the run up to the COP26 climate summit by the airline EasyJet – the reason given being that an internal policy process made it inappropriate to engage in a routine investigation into the ad.
A failure to investigate adverts containing greenwash claims placed during the recent European Football Championships by airline Qatar Airways – and the fact that those attempting to lodge complaints were instead directed by the ASA to the broadcasting regulator Ofcom – who then told complainants to go back to the ASA.
A failure to follow up on complaints about misleading greenwash in adverts appearing in the UK made to promote oil company Chevron, with complainants instead directed to the regulator in the USA
Given its current structure, a body governed by representatives from the private industry, and mandate, the ASA’s inclination to take favourable action on shifting social and ecological issues is severely limited. Instead of addressing the scale and urgency of advertising’s role in the climate crisis, we have found the ASA too willing to uphold a ‘business-as-usual’ status quo. For more information on the limitations of the ASA and proposed reforms see the report Too Close for Comfort by Adfree Cities (February 2021).
The value of making a complaint to the ASA
Despite the flaws in the current process, making a complaint to the Advertising Standards Agency is currently the only way to officially object to the content of harmful adverts. Make sure you use your right to complain. If you see an advert you object to, let the ASA know about it. If your complaint is not covered by the codes, tell the ASA why new codes are needed.
Climate campaigners can use the complaint system to argue that the ASA’s definition of ‘harm’ must also include the longer term impacts of climate breakdown arising from advertising and consumption of high carbon products and services. We can all make a complaint as individuals. But taking collective action is more effective. If you’re already part of a parents’ group, an environmental organisation or a women’s group you could lodge complaints together.
Visit https://www.asa.org.uk/make-a-complaint.html to log your complaint.