Making a complaint about an advert

However, there are some categories that fall beyond the ASA’s remit. These include TV and radio programme sponsorship, such as when the name of a sponsor is announced in a ‘credit’ at the beginning and end of a programme. If you have a complaint about these you should contact Ofcom.

Complaints about shop window displays and in-store advertising such as claims on posters, shelves or till points should be reported to your local trading standards department. The ASA doesn’t have powers to regulate misleading adverts on company websites.

Matt Wilson, a representative for the ASA, said: “A company could say something on their website that breaches the advertising code and we can’t do anything about that, but the same statement on a billboard is within our remit.”

The advertising industry set up a policy group to look at this loophole and a report from this Digital Media Group is expected at the end of this year.

Making a complaint and what happens next
If you have been offended by an advert, you can make a complaint on the ASA website. Once a complaint has been lodged, the ASA will try to reach a decision within a month. It will also keep the you about progress at regular intervals.

Mr Wilson said: “The ASA doesn’t have powers to fine advertisers in breach of these codes. We ask the advertiser to withdraw or amend the advert. If it doesn’t comply we will take further measures."

He said this included sending media alerts to every media space company and print magazine telling them the advert had been withdrawn. If the company used direct marketing then the ASA contacts Royal Mail to block more adverts being sent.

If this doesn’t work then the ASA either reports a company to Ofcom or the Office of Fair Trading (OFT).

“These are a last resort and very rare. Last year we referred one advertiser, Ryanair, to the OFT. Our last referral before that was in 2005,” said Mr Wilson.

Our Verdict
If you see an advert that you find offensive you can contact the ASA. It’s free to complain and can be very effective. But people should remember that something they find offensive may not be offensive to others. If you are unsure what is allowed, information can be found at the ASA website.

The ASA says that it takes every complaint seriously and always investigates complaints. In the past this has meant that internet service providers have been reined in over the wild claims made for their broadband services, and hugely irritating adverts have been withdrawn from the television.

Baffled by jargon? See our free online jargon buster