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DEVELOPMENTS IN U.K.

42. In England, all advertisements are subject to a combination of statute, common law and self-regulation. The Advertising Industry in U.K., has been successful in self-regulation. Self-regulation of non-broadcasting advertising began in 1961 when the Advertising Association established the Committee of Advertising Practice (CAP). The Advertising Standards Authority (ASA) was established in 1962 to ensure compliance with the CAP Code. ASA handled complaints about non-broadcast advertisements. There are 2 Committees known as Committees of Advertising Practice  CAP (Broadcast) and CAP (Non Broadcast) which are independently administered by the Advertising Standards Authority (ASA).

43. The Advertising Standards Authority regulates the content of advertisements, sales promotion and direct marketing in the U.K. They make sure standards are kept high by applying the Advertising Standards Codes. ASA can stop misleading, harmful or offensive advertising. They can ensure sales promotion are run fairly. The authority investigates complaints about advertisements. The Advertising Standards Codes are separated into Codes for TV, Radio and all other types of advertisements. There are also rules for Teletext advertisements, all interactive advertisements and the scheduling of Television advertisements. The fundamental principles underlying the Advertising Standards Codes are that the advertisements should not mislead, cause harm or offence. There are specific rules for certain products and marketing techniques, which include rules for alcoholic drinks, health and beauty, children, motoring, environmental claims, gambling, direct marketing and prize promotions. The majority of U.K., advertising is within the Codes and when the ASA upholds complaints, most advertisers agree to change or remove the advertisement. If they do not, ASA relies on the backing of the Office of the Fair Trading (OFT) and Ofcom.

46. All Broadcast Advertisements in U.K., are vetted before transmission, as a matter of course. Similarly, all TV Commercials are vetted by an agency known as "Clearcast", previously known as the Broadcast Advertising Clearance Centre. All National Radio Commercials are vetted before broadcast by Radio Advertising Clearance Centre. Crossborder complaints are now handled by European Advertising Standards Alliance (EASA) which seeks to maintain high standards across the 25 European Union Member States. Clearcast (formerly known as BACC) is responsible for pre-transmission examination and clearance of Television Advertisements. As part of their licensing agreements with Ofcom, broadcasters are required to clear advertising before its broadcast and the advertisements transmitted on U.K. Terrestrial and Satellite Channels. The pre-production scripts and finished commercials are considered against BACP Television Advertising Standards Code. Some new restrictions have been introduced on advertising for food and soft drink products for children. Advertisers are now required to get a Certificate known as HFSS Certificate (High in Fat, Sugar or Salt) in accordance with the nutrient profiling developed by the Food Standards Agency.