ASA to consider charging to consider complaints

The Advertising Standards Authority is considering requiring people to pay a fee if they want the ASA to consider complaints about their competitors. As yet, it is unclear how much the charges would be and in what circumstances. This will become apparent when the ASA reveals its plans, probably in 2011. It is thought that the only charge will be from competitors rather than from consumer complainants, although Paul Gershlick, a Partner at Matthew Arnold & Baldwin LLP and editor of Upload-IT, questions: ‘How will the ASA be able to identify whether a complaint is made by someone genuinely acting as a consumer, or by someone claiming to be a consumer even though they were asked to complain by a corporate whom they represent?’

The ASA administers the CAP Code. The CAP Code is a code of practice governing the content of adverts and marketing communications. Although the Code does not have legal force, it is best practice to comply with it, as failure to do so can result in bad publicity and ultimately an inability to obtain advertising space.  A new CAP Code is due to come into force on 1 September.