Advertising Standards Authority partners with key organisations and stakeholders in 2023 to build on strong regulation in all marketing communications – Annual Report 2023
- Advertising Standards Authority partnered with key organisations in 2023 on strategic initiatives including Coimisiún na Meán, The Competition and Consumer Protection Commission (CCPC) and the Gambling Regulatory Authority of Ireland (GRAI)
- The Advertising Standards Authority received 1,402 complaints concerning 1,134 advertisements in 2023
- 20% of all complaints in 2023 related to social media influencer advertisements
Advertising Standards Authority, the independent self-regulatory body committed in the public interest to promoting the highest standards of marketing communications, has today unveiled their Annual Report for 2023 which highlights ongoing engagement between the organisation and a range of key players in the self-regulatory and co-regulatory sphere to help create a robust framework that can respond to challenges in the marketing communications industry.
In 2023, Advertising Standards Authority worked closely with Coimisiún na Meán to explore areas of common interest and agreed to progress the development of a Memorandum of Understanding which will set out how both organisations will cooperate in this regulatory space, seeking to ensure best outcomes for consumers, industry and society. Advertising Standards Authority also further engaged with the European Advertising Standards Alliance (EASA) to continue progressing discussions with Coimisiún na Meán about potential solutions to the challenges posed by the regulatory landscape.
The Advertising Standards Authority also engaged with the Gambling Regulatory Authority of Ireland (GRAI) to discuss the Gambling Regulation Bill 2022, the role of the GRAI when established, and the existing remit of the Advertising Standards Authority. Both organisations will continue discussions to develop an engagement framework on how a relationship between the two organisations would develop.
The Advertising Standards Authority was also invited to participate and contribute outputs for the Mobile Phone and Broadband Taskforce as part of its programme of work. The Advertising Standards Authority carried out a data analysis of complaints received about telecommunication advertising over a two-year period – 2021-2022 – to examine the main areas of telecommunications advertising that generate consumer complaints, and provide guidance and / or directions to the sector to address any failings.
The overall analysis showed that concerns continued to be expressed about the use of the description ‘unlimited’ in circumstances where a Fair Use Policy imposed a threshold above which consumers would be charged for use. Draft guidance on the use of ‘unlimited’ and similar was prepared and a targeted consultation was commenced in Quarter 4 2023.
The 2023 Annual Report from the Advertising Standards Authority also states that the organisation received 1,402 complaints concerning 1,134 advertisements in 2023, an increase of 18% when compared to the number of complaints received in 2022 (1,189).
The organisation found that 59 advertisements were in breach of the Advertising Standards Authority Code of Standards for Advertising and Marketing Communications during 2023.
The annual report also outlines that 68% of complaints made in 2023 were on the basis that an advertisement was misleading, while 8% were made on the basis that an advertisement was offensive.
20% (279) of all complaints received by the Advertising Standards Authority in 2023 were concerning advertisements from social media influencers, with 34% (95) of these received after the launch of Joint Guidance on Influencer Marketing with the Competition and Consumer Protection Commission (CCPC) in October 2023. The overall number of complaints received regarding influencer marketing in 2023 represents an increase from 7% in 2022 (88) and 5% in 2021 (77).
To enhance the initial awareness campaigns for the Guidance, the Advertising Standards Authority introduced an anonymous Social Media Influencer Content Complaints Reporting Form along with a reach out programme to engage with influencers where multiple ad content notifications were received by the organisation. From the introduction of the report Form on 17th November 2023, 903 notifications were received about content by some 300 social media influencers to year end.
Of the 903 notifications received through the anonymous Reporting Form, 590 notifications referenced ‘Missing label / Hashtag’ (590) followed by ‘Label / Hashtag not visible or not at the start of content’ (171) and ‘Incorrect label / Hashtag’ (142).
The sector that attracted the second greatest number of complaints was ‘Health and Beauty’ (221), followed by ‘Leisure’ (153) and ‘Household’ (111). When it comes to ‘complaints by media’, ‘Digital Media’ gave rise to the highest number of complaints, representing over half (60%) of all complaints, while broadcasting media (TV and radio combined) totalled 26%, and outdoor media amounted to 4%.
Established in 1981, the Advertising Standards Authority has continued to remain the most authoritative voice of influence in relation to advertising standards. The organisation also offers advertisers, agencies, media and promoters a copy advice service on whether a proposed marketing communication or sales promotion conforms to the Code. This service is available free of charge to everyone involved in advertising.
During 2023, 94 copy advice requests were submitted, a 7% increase compared to 2022 (88). The Advertising Standards Authority [email protected] service serves as an authoritative opinion given by the Executive, but does not bind the Advertising Standards Authority Complaints Committee.
Commenting on the key highlights from 2023, Chief Executive of the Advertising Standards Authority, Orla Twomey, said:
“This year has seen the emergence of new statutory entities and important partners to Advertising Standards Authority in the co-regulatory landscape together with the development of new key guidance.
During 2023, we partnered with key organisations, including Coimisiún na Meán, to seamlessly progress our partnership agenda with the new broadcast and online media regulator, focusing on plans for a Memorandum of Understanding and joint projects next year. Additionally, we contributed to the State-led Mobile Phone and Broadband Taskforce regarding the use of the phrase ‘unlimited’ in advertising.
Comprehensive Influencer Marketing guidelines were also launched in 2023 with the Competition and Consumer Protection Commission. Ongoing promotion of the guidelines will continue into 2024 to educate influencers and brands on the correct disclosure of commercial content on social media, fostering trust in advertising for all and safeguarding consumers from advertising that is harmful, misleading or offensive.
Going forward, we will also be streamlining our complaints management operations to enable us distribute our resources across all areas of our service proposition so that our contribution to maintain high advertising standards can be maintained.”
Miriam Hughes, Chair of the Advertising Standards Authority, added:
“The shift from traditional to online advertising has heightened the responsibility of brands and platforms to ensure that commercial content adheres to the high standards of the Code. The challenges currently being faced in the advertising industry highlight the importance of robust guidance and advertising co-regulation for widespread benefit. The establishment of Coimisiún na Meán and the Gambling Regulatory Authority of Ireland during 2023 were welcome additions to an already complex advertising landscape, and has further strengthened regulatory infrastructure across the wider industry.
The Advertising Standards Authority Annual Report emphasises the importance of engagement and collaboration with these bodies, the Competition and Consumer Protection Commission, and the necessity of industry and digital platform support for sustained regulatory success. The ASA Board continues to uphold best practices and appreciates the contributions of its members, Complaints Committee, and Review Panel.”
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