ASA & CAP publish Annual Report for 2023

The question

What are the hot topics for the UK’s Advertising Standards Authority (ASA) and the Committee of Advertising Practice (CAP) and how are they embracing AI in their enforcement strategy?

The key takeaway

The focus areas of advertising called out by the ASA and CAP in their Annual Report are climate change, body image and youth vaping. The Report also explains how the ASA is embracing AI in its enforcement strategy through integrating AI-assisted ad analysis. 

The development

The Annual Report outlines the ASA and CAP’s journey and future direction. 2023 marked the conclusion of the previous five-year “More Impact Online” strategy and the beginning of a new era: “AI-assisted collective ad regulation”. Central to this plan is the use of AI, with a projected goal of processing 10 million ads in 2024 using the ASA’s data science and AI capabilities.

AI ad trawling capabilities align with the ASA’s approach to combating misleading advertising practices. In 2023, 92% of ads amended or withdrawn resulted from the ASA’s proactive initiatives, much of it driven by the Active Ad Monitoring system. This system has achieved a 30-fold increase in the number of ads captured and analysed, leading to a greater number of ads identified for investigation. The ASA plans to invest further in these proactive workstreams as it rolls out its new five-year strategy.

This proactive approach allows the ASA to address problem areas directly, without waiting for complaints. Key focus areas for the ASA include:

• climate change: developing research-based guidance on complex green claims
• body image: addressing digitally altered images and the trend of cosmetic surgery abroad, and
• youth vaping: continuing efforts to crack down on vaping advertisements targeting young users, particularly on TikTok.

The ASA has also committed to:

• closer alignment with public bodies: collaborating with the CMA, FCA, Defra, and others to present a cohesive regulatory front
• providing copy advice and training: delivering almost 1.4 million pieces of advice and training to businesses in 2023, and
• rolling out the Intermediary and Platform Principles (IPP): following a successful one-year pilot with 10 participating businesses, the IPPs will be implemented more broadly.

Why is this important?

The ASA and CAP Annual Report is a real sign of the times, identifying key areas of concern within the UK advertising market. It also signals how the ASA is poised to revolutionise its enforcement strategy by integrating AI-assisted ad analysis. This approach will allow the ASA to proactively address and prevent problematic advertisements, focusing its efforts on the specific areas it has deemed most harmful to the public. By leveraging AI, the ASA aims to enhance its efficiency and effectiveness in safeguarding consumer interests.

Any practical tips?

• stay vigilant in key areas: expect increased regulatory activity from the ASA in the critical areas, such as climate change claims, body image issues and youth vaping. Ensure your advertising practices in these areas are compliant with current guidelines
• leverage AI advancements: with the ASA’s growing AI capabilities, misleading ads are more likely to be flagged and pursued. Regularly review and update your advertising content to avoid potential issues
• adopt IPP: if you’re a platform or an intermediary, consider implementing the IPPs to align with the ASA’s expectations and demonstrate your commitment to responsible advertising, and 
• utilise the ASA resources: take advantage of the ASA’s copy advice and training offers. This can help ensure your advertisements meet regulatory standards and reduce the risk of non-compliance.

Summer 2024