In keeping with the ASA’s five-year strategy of ‘AI assisted collective ad regulation’ which was launched at the end of 2023, the ASA has announced two new projects to use technology to investigate the supplier pathways leading to irresponsible ads online. The goal is to understand where responsibility lies for online ads which breach the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). 

At its core, the ASA’s strategy aims to continue the objective of being preventative and proactive in picking targets for regulatory action, rather than simply reacting to the complaints inbox. Therefore, with this latest investigation, it is also looking to undertake more preventative and proactive work to act quickly in response to irresponsible ads in addition to the reactive work of handling complaints. 

As we’ve previously reported, the ASA has already been using their Active Ad Monitoring system as a part of its preventative work in response to the greenwashing tactics in advertising. The Active Ad Monitoring system captures ads at scale and uses AI based filtering to flag ads that are most likely to have compliance issues. Such ads are then reviewed by (human) experts. The ASA is now looking to scale this up and use similar technology to identify non-compliant ads online which might be harmful to vulnerable groups. 

So what is the ASA doing?

Its first project is to monitor for ads for age restricted products such as alcohol, gambling and foods high in fat, salt and sugar, on sites that are of interest to under 18s. Our readers will be aware that the CAP Code has strict rules in place that these ads should not be directed at children and young people through their context, general appeal or references to celebrities, cartoons or characters that are of interest to their age group. 

The second project is to monitor for seriously offensive and potentially harmful ads. Recently, the ASA has received numerous complaints for many in-app ads in mobile games and quizzes which contravene the CAP Code. A lot of these ads allude to and encourage inappropriate behaviour and sexual violence against women. In some of these complaints, the companies owning the games have not responded to the complaint and in others the companies have taken the ads down after receiving the complaint but equally claimed that they had no direct involvement in the placing of that ad. 

Findings from these two projects will result in in-depth case studies where the ASA will identify parties involved in supplier pathways leading to irresponsible and non-compliant ads appearing online. The ASA are also seeking to assess the role played by advertisers, publishers and intermediary companies in supplier pathways. The outcomes will be published by the ASA later in 2024, presumably with a plan for further action.

In the meantime, CAP has produced a reminder guidance note about targeting ads appropriately which links to its more detailed online targeting guidance and its media placement guidance.