When an influencer post is reported as a misleading or unlabelled ad, what actually happens next? In the UK, the Advertising Standards Authority (ASA) is the body that usually deals with complaints about adverts in non-broadcast media, which includes advertising on social media. The ASA publishes a step-by-step description of how it handles complaints and a description of the self-regulatory system behind it. This guide summarises both, so that creators, brands and readers can see what the process involves. It describes the process as the ASA presents it and does not predict the result of any particular complaint.
What does the ASA do, and which ads does it cover?
The ASA’s description of the system says the ASA was established in 1962 to provide independent scrutiny of the self-regulatory system set up by the advertising industry. Its tasks include promoting and enforcing high standards in marketing communications, investigating complaints and ensuring the system operates in the public interest. It says the ASA investigates complaints “from any source” against marketing communications in non-broadcast media. Complaints are assessed against the UK Advertising Codes.
For creators, the practical point is that an influencer post can be an advertisement when it is paid or otherwise connected to a brand. The rules on labelling are covered in our explainer on influencer disclosure rules in the UK, US and EU. This article concerns what happens after someone complains.
Who can make a complaint?
The ASA says it accepts complaints from both the public and the industry. It protects the anonymity of members of the public who complain unless there is a good reason to reveal their details and it has their permission. If a complaint comes from someone acting in an official capacity, for example on behalf of a competitor, the ASA requires their organisation to be identified.
The ASA also says it does not make decisions based solely on the number of complaints an ad receives. A single complaint can be enough for action if there appears to be a problem under the rules. A large number of complaints can signal a problem, but the ASA says it tries to avoid being unduly influenced by coordinated campaigns such as online petitions or volumes of complaints generated from template emails.
How is a complaint first assessed?
When a complaint is logged, the ASA says it confirms receipt, then assesses it against the Advertising Codes. It uses what it calls prioritisation principles to decide the most appropriate course of action. Under those principles it considers:
- what harm or detriment has occurred or might occur;
- the likely risk of action versus inaction;
- the likely impact of its intervention; and
- what level of resource would be proportionate to the problem.
The ASA says it will contact the advertiser whenever a complaint suggests an ad may have broken the rules, but that it does not formally investigate every case. It also says around 80% of complaints do not raise issues under its rules, which allows it to resolve those matters without taking further action against an advertiser.
If the ASA decides there is a problem but the issues do not call for an investigation, it writes to the advertiser with guidance. The ASA says it prefers “to work by persuasion and agreement”, so some complaints are resolved quickly and informally by working with the advertiser to change an ad. Informally resolved cases are not put before the ASA Council, so no ruling is published.
What happens in a formal investigation?
If a case is not simple, or the ASA thinks there is potentially a serious problem under the rules, a formal investigation may be needed. The ASA’s description of the process includes these stages:
- Letters to the parties. The ASA writes to advertisers and other appropriate parties, such as ad agencies and the media that published the ad. It explains what the complaint is about, which Code rules are relevant and asks for a response with evidence. If the potential problem is serious, it might ask the media to limit or stop publishing the ad until the investigation is complete.
- A deadline to respond. Advertisers are required to reply in writing within seven working days, or five working days for cases involving issues of harm or offence. The ASA says that if they do not reply promptly they can automatically be found to break the Codes.
- Evidence for claims. If a claim needs to be proven, the ASA asks the advertiser for evidence. It says it does not accept references to or extracts from studies; advertisers need to provide copies of full studies with the relevant sections highlighted and explain why they are relevant.
- A draft recommendation. The ASA assesses the ad in light of the responses, drafts a recommendation setting out the complaint, the advertiser’s response, its assessment and a recommended course of action, and gives parties a chance to comment on the accuracy of the draft. The ASA says this is not its final ruling.
- A decision by the Council. The ASA Council is described as “the independent jury” that decides whether the Codes have been broken in a formal investigation. It can come to its own conclusion rather than simply adopting the recommendation, and it makes rulings on a weekly basis.
Who sits on the ASA Council?
The ASA’s description of the system says the ASA is a limited company independent of both the Government and the marketing business. Its Chairman is appointed by the Advertising Standards Board of Finance and is unconnected with the marketing business. Most of the 12-member Council is also unconnected with the marketing business. Council members sit as individuals, and vacancies for independent members are publicly advertised. Members serve for a maximum of two three-year terms.
How long does a complaint take?
The ASA says it tries to resolve complaints as quickly as possible while keeping investigations thorough. Straightforward complaints that do not raise issues under the rules can sometimes be resolved within a few days. Where the ASA needs to contact an advertiser, timescales depend on the complexity of the issues and whether the advertiser agrees to amend or withdraw the ad without a formal investigation. A small number of particularly complex cases can take six months or more, for example where independent experts are needed to assess evidence.
What happens after a ruling?
The ASA publishes its final rulings every week on its website. It tells complainants and advertisers in advance when a case will be published, but the details must stay confidential until then. The consequences depend on the outcome:
- Complaint upheld. If the rules have been broken, the ad must be changed or withdrawn.
- Complaint not upheld. No further action is taken.
- Independent review. In certain circumstances, advertisers or complainants can ask the Independent Reviewer of ASA rulings to review a case. Both sides have 21 days from being told of the Council’s decision, and must show a substantial flaw of process or ruling, or additional relevant evidence. If the reviewer accepts a request, the reviewer can ask the Council to reconsider its ruling.
- Monitoring. The ASA checks ads to find out whether the necessary changes have been made after a ruling.
For creators and brands, a published ruling is also a record of how the rules have been applied. The ASA’s own system description says its rulings are published weekly and that it publishes guidance to help advertisers comply. Our guide on how brands choose influencers explains why brands pay attention to compliance when they pick partners.
What sanctions can follow?
The ASA says most advertisers act quickly to amend or withdraw an ad if it finds a breach, and that it acts against the few who do not. Its description of the system explains that, if a marketing communication breaks the Code, the marketer is told to amend or withdraw it, and most willingly agree. If they do not, the Compliance team considers the sanctions available.
Two details are worth noting:
- Ad Alerts. The Compliance team co-ordinates sanctions and issues Ad Alerts to members of the Committee of Advertising Practice, including the media, advising them to withhold their services from non-compliant marketers or deny them access to advertising space.
- Referral to other bodies. The ASA’s complaint page says that if advertisers persistently break the Codes and do not work with the ASA, it can refer them to other bodies for further action, such as Trading Standards or Ofcom. Its system description says that if certain types of marketing, including misleading ads, continue to appear after the Council has ruled against them, the ASA can refer the matter to Trading Standards for action under the Digital Markets, Competition and Consumers Act 2024 or the Business Protection from Misleading Marketing Regulations 2008.
The ASA also says it is not limited to acting on complaints that have gone through a formal investigation. If a marketing communication is obviously misleading or offensive, it may take compliance action in the absence of complaints or during an investigation.
What does this mean in practice?
The ASA’s account suggests a few practical lessons:
- Evidence matters. Claims in an ad, including claims in a creator’s post, may need to be backed by full documentation if a complaint arises.
- Responding promptly matters. The deadlines are short: seven working days in most cases.
- A complaint is not a conviction. Many complaints are resolved without a ruling, and a significant share raise no issue under the rules.
- Records help. Contracts, briefs and approval emails can show who was responsible for a claim or a label. See our explainer on creator contracts for clauses on labelling and approvals.
This article describes the ASA’s published procedures for general information. It is not legal advice and does not predict the outcome of any complaint. Procedures can change; see the ASA’s website for the current version.
Sources: ASA (How we handle complaints); ASA (How the system works, Non-broadcast Code)
