Regulatory Bodies

The two regulatory bodies my products will come under are OFCOM and the Advertising Standards Authority (ASA). The former as my Idents will be on national television, and the latter because I will be advertising my channel to the public.

OFCOM
The Office of Communications, OFCOM for short, is the regulatory body for the Electromagnetic Spectrum in the UK. This means they have a statutory duty to protect the citizens of the UK from offensive or harmful material, and to license the airwaves in this country. Complaints about broadcasters are registered with them as they are independant from the main broadcasting corporations and the Government.

OFCOM does not follow up complaints about broadcasts that are not licensed by it, even if they broadcast to UK audiences. Valid complaints are scrutinised to ensure the broadcaster has not breached the broadcasting code with its programme. The broadcaster will also be asked for a response to the complaint.



As well as the duty of regulation material and handling complaints, the organisation is also set up to conduct research and promote competition in the markets it oversees. Typically using a consultation system whereby they publish a freely available document and use responses sent in to form conclusions on an issue.

Advertising Standards Authority
Unlike OFCOM, this organisation is not part of the stature and thus cannot enforce legislation. It's principles broadly reflect legislature on advertising however. These are written on the ASA website:

The Advertising Codes contain wide-ranging rules designed to ensure that advertising does not mislead, harm or offend. Ads must also be socially responsible and prepared in line with the principles of fair competition. These broad principles apply regardless of the product being advertised.

In addition, the Codes contain specific rules for certain products and marketing techniques. These include rules for alcoholic drinks, health and beauty claims, children, medicines, financial products, environmental claims, gambling, direct marketing and prize promotions. These rules add an extra layer of consumer protection on top of consumer protection law and aim to ensure that UK advertising is responsible.

If an advertisement is found to be in breach of these, the following sanctions can take place:

• Bad Publicity: The ASA publishes rulings on its website
• CAP Compliance Team: The ASA can refer the complaints to this organisation who enforce the ASA and CAP (Committee of Advertising Practice) who will ask the media publisher to remove the offending material
• Copy Advice: The publishers can be asked not to publish their advertisements unless first vetted by CAP.
• OFCOM: Adverts televised on licensed networks can be forwarded to OFCOM to investigate and punish as appropriate.

In order for my media products to be valid, they must adhere to the regulations of the medium that they are. My Idents must not be offensive or harmful to the public and breach broadcasting code, and my print advertisment must not breach the standards of the ASA.