What's coming up on the ASA's horizon for 2022? Here are the top 10 developments to watch out for...

As we have already reported, the Advertising Standards Authority (ASA) has just published its Annual Report for 2021. One of the most useful aspects of the reports is that it brings together all the changes that are coming up during 2022. So we've picked out the top 10, and some of them are not so much on the horizon, but actually about to happen!

1. Ads for cosmetic interventions to be age restricted: From tomorrow, Wednesday 25th May!

Responding to concerns that children and young people, particularly adolescents, are vulnerable to body image pressures and negative body image perceptions, new rules about targeting ads for cosmetic interventions, such as breast augmentation, are coming into force from tomorrow, having been announced last November.

Under the new rules, ads for cosmetic interventions must not appear in non-broadcast media directed at under-18s; nor can they appear in other non-broadcast media where under-18s make up over 25% of the audience; and broadcast ads must not appear during or adjacent to programmes commissioned for, principally directed at or likely to appeal particularly to under-18s. 

2. Intermediary and Platform Principles Pilot Scheme: For 1 year from June 2022

A pilot scheme starts next month to extend the ASA’s role online. Eight platforms including Amazon Ads, Google, Meta and TikTok have agreed to provide information to the ASA about how they raise the awareness of advertisers about online advertising rules, and how they can help the ASA to enforce the Code against recalcitrant advertisers.

In due course, presumably next year, the ASA will report on how the participating platforms have performed against these principles of education and compliance. Their report will give examples of best practice, as well as identifying areas for improvement. The aim is to improve transparency and widen accountability in online advertising through the Intermediary and Platform Principles pilot.  

3. Tougher restrictions on the content of gambling ads: From 1st October 2022.

The current rules state that gambling ads must be of 'particular appeal' to the under-18s, but from 1st October, this will change to say that gambling and lottery ads must not “be likely to be of strong appeal to children or young persons, especially by reflecting or being associated with youth culture.” 

The move from ‘particular appeal’ to ‘strong appeal' is intended to prohibit images, themes and characters, such as sports people, reality TV stars and references to video games that are well known to under-18s, even if they also appeal strongly to adults.

4. Increased use of data science and artificial intelligence for ad regulation: Throughout 2022.  

As reported already by Jo Farmer, the ASA have announced that over the coming year they will be growing their data science activities and expanding the use of artificial intelligence (AI) both to monitor compliance and to deal with complaints. They are going to recruit more data scientists so that they can tackle more projects, both numerically and by complexity. This builds on the use of AI to identify unlabelled influencer ads, climate claims by energy companies, and potential scams in online display advertising.

5. Tackling green-washing sector-by-sector: Throughout 2022

The ASA is currently reviewing green claims in the travel, energy and heating sectors and later this year, they'll be turning their attention to claims about waste, including recycling. After that, they'll be looking at food sustainability claims, including claims for meat, dairy and plant based substitutes. 

Before the year is out, they'll also be publishing their research into consumer perceptions of “carbon neutral/net zero” and “hybrid” and “electric” car claims.

6. Considering further guidance about racial and ethnic stereotypes in ads: During 2022 

Last year, the ASA conducted a research project into Racial and Ethnic Stereotyping in Ads to consider whether and how such stereotypes may contribute to real world harms. The research identified 3 possible harms: (1) reinforcement of existing stereotypes; (2) creation of new stereotypes; and (3) perpetuation of racist attitudes. Harm or offence could come from the use of humour at the expense of particular ethnic groups or portrayals of certain groups as outsiders. The Committee of Advertising Practice (CAP) is currently reviewing the evidence and considering whether additional guidance is necessary, although the Annual Report does not suggest that new rules in the CAP or BCAP Codes are being drafted.

7. Cryptoassets and Buy Now Pay Later under the spotlight: Throughout 2022

Following a series of 12 adverse adjudications about cryptoassets in 2021, particularly cryptocurrencies, the ASA is now turning its attention to the advertising of other forms of cryptoasset, including Non-Fungible Tokens, or NFTs. Elon Musk will be pleased, and NFT advertisers should not expect any easy ride.

Likewise, the estimable Stella Creasy MP will be pleased to know that the ASA is also intending to crack down on the 'Buy Now Pay Later' sector, exemplified by Klarna, who have been the subject of previous complaints to the ASA by the campaigning MP. 

It is clear that the ASA is determined to fill the existing gaps in the regulation of novel types of financial services while the legislative system plays catch-up. 

8. Further developments in the regulation of digital advertising: Later in 2022

In 2021, the ASA and Ofcom entered into a new co-regulatory arrangement for “video-sharing platforms” established in the UK. This created new rules for the content and targeting of advertising on VSP platforms which apply to the platforms directly, rather than being enforced against advertisers. 

This year we expect to see new laws for online advertising, including online safety legislation and the Government’s Online Advertising Programme. The ASA is willing and eager to be part of the new eco-system for online advertising regulation, but we shall have to wait and see what form that takes.

9. Analysing the potential harm to children from unrealistic body images: Later in 2022

As well as the new rule mentioned in paragraph 1 above, CAP is currently considering the evidence that it has received from a consultation into the potential harms arising from advertising in relation to body image. The consultation focused on 5 areas: (1) ad content that gives rise to body image concerns; (2) the impact of advertising on self-perception of body image by different groups; (3) the impact of social media and influencer marketing on body image concerns; (4) the potential impact of advertising content for specific product sectors; and (5) the positive impact of advertising on body image.

Later in 2022, CAP will publish its findings as to whether the current rules of the CAP and BCAP Codes provide sufficient protection from such potential harms. 

10. Escalating sanctions against non-compliant influencers: Throughout 2022    

The ASA has launched its own non-compliant social media influencer page and on-platform targeted ad (OPTA) campaigns to bolster its sanctions against recidivist influencers who persistently break the rules for labelling social media advertising. Early indications are that some influencers are already coming into line after being the subject of the OPTA sanction, which brings their rule-breaking to the attention of their social media followers. Expect more of this as part of the general ramping up of the ASA's use of data science team to enable them to undertake more monitoring work. 

Conclusion

Its clear that the ASA has an ambitious but well-targeted programme planned for 2022, tackling some important harms that can arise from advertising. We only hope that the UK's system of advertising regulation does not remain over reliant on self-regulation by the ASA, and that the statutory regulators such as the Competition and Markets Authority and the Financial Conduct Authority will also play their part in tackling the most serious harms and the really bad actors.

Photo by Joshua Earle on Unsplash