0370 270 6000

How do you stop an advertisement being banned?

24 September 2009

On Wednesday the ASA upheld a complaint, made by the Asbestos Watchdog, about the accuracy of the statistics quoted in the HSE’s ‘Asbestos: The Hidden Killer’ advertising campaign.  The HSE have stated that they are disappointed with the ASA’s decision. They consider it to be only on a technicality and they intend to request a review by the Independent Reviewer of ASA Adjudications.

This case shows how a single complaint by a body with a vested interest could potentially result in an entire campaign being banned from publication, despite an advertiser believing it has sufficient evidence to prove the claim. Many complaints to the ASA are upheld, and overturning an ASA decision on appeal will not be easy.

To minimise the risk of a successful complaint being made, advertisers need to be able to produce significant evidence to substantiate their claims and also seek legal advice both prior to embarking on any advertising campaign, and after receiving any complaint.

Considering the money (in this case public funds) which gets invested in advertising campaigns, is it too easy to get an advert banned?

Related opinions

80% hours for 100% pay? That’ll do nicely

As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.

View blog

Right to Work Checks: Changes from 6 April 2022

From 6 April 2022, right to work checks on all migrant or settled prospective employees must be online and checks on British or Irish nationals will be manual (free) or digital (charged for).

View blog

Are whistleblowers entitled to keep their employer’s confidential documents?

In Nissan v Passi, the High Court recently considered the issue of an employee retaining confidential documents belonging to his former employer in the context of the employer’s application for an injunction seeking the return of such documents from the employee.

View blog

Supreme Court awards compensation to a Professor for an invention created during his employment

A recent decision by the Supreme Court in Shanks v Unilever PLC has supported the right for employees to receive compensation for patented inventions if the invention is of ‘outstanding benefit’.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up