ASA Consultation on prioritising principles

This is the Authority's response to the Advertising Standards Authority's consultation about the use of prioritising principles when allocating regulatory resources. We welcome the opportunity to respond to this ASA consultation on its proposals to introduce prioritisation principles. 

Background

We support ASA’s intent to establish prioritisation principles to be considered when allocating its regulatory resources. We particularly welcome the risk assessment approach which is being proposed and the focus on the outcome (impact) of the ASA’s intervention. This is in line with our principles of Right-touch regulation (2010) . ‘Right touch regulation is based on a proper evaluation of risk, is proportionate and outcome focussed; it creates a framework in which professionalism can flourish and organisations can be excellent. Excellence is the consistent performance of good practice combined with continuous improvement. The first law (and only) of right-touch regulation is to use only the regulatory force necessary to achieve the desired effect.

In relation to the application of ASA’s resources we would suggest that CAP Codes and other relevant guidance in relation to advertising of health care could be reviewed in order to consider the requirement for evidence based on randomised controlled trials. We believe that such requirement is outdated and not in line with a risk assessment approach. For example, the Help Note on Substantiation for Health, Beauty and Slimming Claims currently does not reflect the standards offered by organisations that hold an Accredited Register.