Renewal of co-regulatory arrangement for broadcast, on demand and video-sharing platform advertising

Ofcom has announced the renewal of the co-regulatory arrangement that designates responsibility to the ASA system for the day-to-day regulation of broadcast, on demand programme service (ODPS), and video-sharing platform (VSP) advertising for a further period of ten years, until 31 October 2034.

The ASA has day-to-day responsibility for regulating advertising on these services, with Ofcom providing a statutory backstop. The existing co-regulatory arrangements are due to expire at the end of October 2024 (ODPS and VSP) and the beginning of November 2024 (broadcast).

This announcement follows Ofcom’s public consultation (7 June – 19 July 2024) with interested stakeholders, via an open letter, which invited comments on proposals to renew the co-regulatory arrangements.

Respondents overwhelmingly supported the proposals. Responses were clear that the ASA is a well-respected regulator of advertising standards. Stakeholders highlighted the high level of industry “buy-in” while noting that our governance and funding structure ensure the ASA is sufficiently independent of industry.

Ofcom has noted that its experience of co-regulation with the ASA has been productive and worked effectively to date. In analysing when it may be appropriate to operate a co-regulatory system, Ofcom has set out principles that an effective regulatory body should have:

• Independent governance and decision-making
• clear public accountability;
• clear regulatory objectives set out in a code;
• clear and transparent processes, which are followed;
• workable membership incentives (where relevant) and/or obligations for or on those it regulates;
• secure and sufficiently independent funding and budget control;
• accessibility to those seeking redress;
• genuine powers of investigation; and
• effective powers of enforcement and sanction.

Ofcom is satisfied that we meet all these criteria.

All these arrangements are underpinned by the principle that it is beneficial for consumers to have a single point of contact for advertising issues across all media.

ASA Chair designate, Baroness Morgan of Cotes who starts in role on 1 November 2024, said: “We’re delighted that our co-regulatory partnership with Ofcom has been renewed. The ASA system has worked closely with Ofcom for twenty years, providing effective regulation of advertising on TV, on demand and video-sharing platforms, on behalf of people, advertisers and society. We look forward to continuing our work over the next decade – protecting consumers, creating a level playing field for business and helping create an environment in which responsible advertising can flourish.”