News & Events

New advertising code

07 February 2007

Following a consultation process, the Advertising Standards Authority of Ireland has issued a new Code of Standards for Advertising, Promotional and Direct Marketing in Ireland (6th Edition) (Code).

The launch of the Code coincided with the 25^th anniversary of the Advertising Standards Authority of Ireland (“ASAI”) . 

The ASAI is the independent self-regulatory body set up and financed by the advertising industry.  It is committed to promoting the highest standards of marketing communications in the public interest.  The objective of the ASAI is to ensure that all commercial marketing communications are “legal, decent, honest and truthful”. 

Members of the ASAI are required to abide by the Codes and not to publish an advertisement or conduct a promotion which contravenes Code rules.

The new edition of the Code is effective as of 1 January 2007.  It contains a number of changes to the previous edition.  In particular, it provides for:

• new extended and strengthened provisions on substantiation of claims;
• an extended and more comprehensive children’s section;
• a new section on food; and
• the inclusion of the term “marketing communication” – this is interpreted broadly to mean “any form of communication produced directly by or on behalf of advertisers intended primarily to promote products, to influence the behaviour of and/or to inform those to whom it is addressed”.

The ASAI consider that the revised Code will act in providing an enhanced service to consumers who want to know that marketing communications are legal, honest and truthful. 

The ASAI recently announced that since mid-December 2006 it has been undertaking a monitoring exercise on travel advertising in the media. This followed the ASAI’s ongoing concerns regarding compliance with the terms of its Code.   These concerns related, in particular, to prices for holidays being quoted which did not include inescapable costs to the consumer including taxes and airport charges.

The ASAI issued instructions to the media and travel companies in relation to the use of inclusive prices prior to commencing its ongoing monitoring exercise.

The ASAI announced that, as a result of this exercise, the ASAI has engaged in discussions with a range of travel companies and media in order to obtain confirmation that current travel advertising will comply with the Code.

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The content of this article is provided for information purposes only and does not constitute legal or other advice. Mason Hayes & Curran (www.mhc.ie) is a leading business law firm with offices in Dublin, London and New York. 

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