Advertising Standards Authority for Ireland

Rules

General rules for advertisements

Advertisements should:

• Be legal, decent, honest and truthful
• Be prepared with a sense of responsibility to consumers and to society
• Respect the principles of fair competition generally accepted in business
• Respect the spirit as well as the letter of the Code of Advertising Standards
• Avoid bringing advertising into disrepute.

The chief responsibility for observing the Code rests with advertisers. Other parties involved in the preparation and publication of advertisements, for example, radio and television stations, newspapers, magazines, journals and advertising agencies, also accept an obligation to abide by the Code.

Any unreasonable delay in responding to the ASAI's enquiries may be considered a breach of the Code.

The ASAI will observe advertisers' requests to treat any material they supply in strict confidence, unless the courts or an official agency acting within its statutory powers compels its disclosure.

You can find out more information about the Code on the ASAI's web site.

What kinds of advertisements are covered?

The Code of Advertising Standards applies to the following advertisements:

• Advertisements in newspapers, magazines and other printed publications, including "free sheets"
• Posters and aerial advertisements
• Brochures, leaflets, circulars, mailings and fax transmissions
• Commercials broadcast on television or radio or screened in cinemas
• Advertisements carried on audiotapes, videotapes, viewdata services and other electronic and computer systems
• Sales promotion material
• Advertisement features and promotions.

The Code does not apply to:

• Statutory, public, Garda and other official notices
• Material published as a matter of record only
• Flyposting
• Packages, wrappers, labels and tickets, unless they advertise another product or a sales promotion or are recognisable in an advertisement
• Point-of-sale displays
• Advertisements whose main purpose is to express the advertiser's position on a political, religious, industrial relations, social or aesthetic matter or on an issue of public interest or concern
• Classified private advertisements
• Press releases and other public relations material
• The content of books and editorial material in the media
• Private correspondence
• Oral communications by telephone
• Works of art
• Specialised advertisements addressed to the medical and allied professions
• Advertising for premium rate telephone calls
• Advertisements in foreign media.

View previous case reports of complaints made to the ASAI here.

How complaints are investigated

The complaint is evaluated initially by the Secretariat of the ASAI to determine whether it is within the terms of reference of the Authority and whether there is a case for investigation. Where there is a case to answer, the advertiser or promoter (or the agency involved) is informed of the complaint and invited to comment on it. In the light of any response, the Secretariat prepares a recommendation to the Complaints Committee and sends a copy to the complainant and the advertiser who have an opportunity to express further views in the matter before it is adjudicated.

The ASAI Complaints Committee decides whether or not Code rules have been breached. The Complaints Committee consists of five people who are professionally involved in the advertising business and eight independent members. Four of these independent members are nominated by the National Consumer Agency in Ireland.

Details of the case, including the names of the advertiser and the advertising agency involved together with the Committee's adjudication, are set out in a Case Report, which is issued to the parties involved and released for publication. The name of the complainant is confidential. An advertisement or promotion that breaks the rules must be withdrawn or quickly amended.

The investigation procedure may be accelerated where circumstances warrant and if a case is particularly serious, the Secretariat may request interim action (i.e., immediate withdrawal or amendment of the advertisement), pending the completion of the investigation.