Ofcom has officially renewed its co-regulatory arrangement with the Advertising Standards Authority. This means that the ASA will continue to oversee the day-to-day regulation of broadcast, on-demand programme services (ODPS), and video-sharing platform (VSP) advertising until October 2034. With the rapid growth of digital platforms, this renewal emphasises the importance of robust advertising regulation aimed at protecting consumers and ensuring fairness in advertising.
The co-regulatory system has been in place for two decades, and allows the ASA to take charge of the daily operations of regulating ads, while Ofcom serves as a statutory backstop. The renewal follows a consultation in which respondents expressed confidence in the ASA's regulatory work. The ASA's independence from industry was a key reason for its strong reputation, with respondents highlighting its credible enforcement of advertising standards.
Ofcom's decision to renew the arrangement was informed by the ASA's ability to meet a set of essential regulatory principles. These principles ensure that a regulatory body like the ASA can operate effectively and independently. According to Ofcom, these include:
- Independent governance and decision-making;
- Clear public accountability;
- Transparency and clear regulatory processes;
- Sufficiently independent funding and budget control; and
- Effective powers of investigation, enforcement, and sanction.
These elements aim to make sure that advertising issues are addressed promptly and fairly, providing a stable framework for advertisers while protecting consumers from misleading or harmful ads.
While the renewal secures a stable framework for advertising regulation, the challenge lies in adapting to the rapidly changing digital advertising landscape. With more content being consumed through ODPS and VSPs, there are questions about whether the current regulatory framework is future-proof. For instance, how will regulators address the blurring lines between traditional ads and content on digital platforms? The next decade will be crucial to see if the ASA and Ofcom can adapt to these evolving challenges while maintaining high standards of transparency and consumer protection.
For non-broadcast advertising, the ASA is the first line regulator, with trading standards providing a backstop service.
