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Section 2(p) of the introduction states that political ads as defined by rule 7.1 are exempt from the Code. Rule 7.1, however, mentions neither politics nor party politics. The ASA and the CAP Executive have interpreted rule 7.1 as excluding from the Code ads, whether party-political or not, that seem to have as their main purpose the influencing of voters in elections or referenda of a political but not necessarily party-political, governmental or legal nature. The elections or referenda do not have to be statutory ones and could include, for example, a ballot in which a public body seeks and agrees to abide by the opinions of the electorate. In 2013 an ad by a trade union made the claim “where hospital cleaning has been outsourced, we have seen … a rise in hospital infections”. This was challenged on the basis that the claim could not be adequately substantiated. The advertiser maintained that because it used advertising as part of its political campaigning work, to influence opinions and voting intentions, the ad did not fall within the remit of the CAP Code. The ASA considered that because the ads principal function was not to influence voters in a local, regional, national or international election, but rather appeared to be to highlight the advertiser’s opinions on the dangers of outsourcing hospital cleaning, it was subject to the CAP Code and the complaint was therefore investigated and subsequently upheld (Unison, 27 February 2013)
ASA - Advertising rules for Political messages
originally posted by: SkepticOverlord
How is this different than the Fox News ads that attack left-leaning ideas?
Or MSNBC ads that attack right-leaning ideas?
The UK Advertising Standards Authority told BuzzFeed News it had not banned the ads or even received a single complaint about them.
The ASA and the CAP Executive have interpreted rule 7.1 as excluding from the Code ads, whether party-political or not, that seem to have as their main purpose the influencing of voters in elections or referenda of a political but not necessarily party-political, governmental or legal nature.
London outdoor advertising companies have refused to allow the original images to appear on the city's telephone booths and underground stations, citing the Communications Act 2003, which prohibits political advertising.
Supplementary powers relating to advertising
(1)The regulatory regime for each of the following—
(a)every television programme service licensed by a Broadcasting Act licence,
(b)the public teletext service, and
(c)every other teletext service so licensed that consists in an additional television service or a digital additional television service,
includes a condition requiring the person providing the service to comply with every direction given to him by OFCOM with respect to any of the matters mentioned in subsection (2).
(2)Those matters are—
(a)the maximum amount of time to be given to advertisements in any hour or other period;
(b)the minimum interval which must elapse between any two periods given over to advertisements;
(c)the number of such periods to be allowed in any programme or in any hour or day; and
(d)the exclusion of advertisements from a specified part of a licensed service.
(3)Directions under this section—
(a)may be either general or specific;
(b)may be qualified or unqualified; and
(c)may make different provision for different parts of the day, different days of the week, different types of programmes or for other differing circumstances.
(4)In giving a direction under this section, OFCOM must take account of such of the international obligations of the United Kingdom as the Secretary of State may notify to them for the purposes of this section.
Link to Act