Advertising
How are complaints about the content of advertisements investigated in UK and how effective is the process?
In the current era, where people are progressively more aware of their rights and susceptible about their violation, the number of complaints regarding the content of advertisements has seen a sharp rise. People might complain regarding the moral, ethical, religious, factual, political, industrial relations, social or aesthetic matter or an issue of public concern, of the advertisements. So keeping in view the broad spectrum of complaints and their frequency, a rigid and effective method of investigating them had to be developed.
Firstly, a general code, or rather a set of rules has been established for all marketing connections, so as to minimize any chances of misleading or cause of general offence in the general public. The Code is applied in strength as well as in the correspondence. Any how, as soon as the complaint has been filed it goes through a number of trials.
Once a compliant has been filed it is important to note that all Complaints are investigated free of charge, so as to encourage such actions. In addition, the identity of an individual complainant remains confidential unless there is statutory requirement by the law. Also if a commercial or other interest is involved in making a complaint, the identity might have to be disclosed. Next, an initial assessment of the complaint is made. If it is decided that the complaint does not raise any issues that necessitate further investigation then a respective reply is written to the complainant, addressing the issue and satisfying the customer (complainant).
Where there the Secretariat determines that there is a need for investigation, a case officer is called upon, who investigates in consultation with contemporaries. In addition the advertiser or promoter is informed of the complaint and invited to comment on it in relation to the Code. However no written response from the broadcaster is expected at this stage, only a copy of material (programme, advertisement, or sponsorship) may be requested.
In exceptional cases, it is possible at this stage, to direct the broadcaster to withdraw such advertising immediately until the investigation is completed. This will only be the case if it is considered that there has been a serious breach of advertising code. Higher authorities have to be notified, infact it has to be done with their consent.
Similarly, if the case officer after investigation determines that there has been no offence or breach, an explanation is written to the complainant and sometimes to the broadcaster too, stating the issue. On the other hand, if the officer in consultation with his colleagues decides there has been a breach, the broadcaster is informed immediately. Whole or part of material which supposedly has made the offence is highlighted. The name of the complainant and particulars are also given, in particular cases if demanded buy the broadcaster. This time a written response is expected and a time limit is given, to follow. After receiving the reply if the officer is satisfied and determines that there had been no such breach, an explanation is written to the complainant and the case is closed.
But if the case officer still believes or has any doubts that there has been a breach, the respective line manager is informed about the issue and all relevant documents are provided. The line manager after a methodical independent investigation, may decide that no breach has been committed and pass on the new findings to the case officer and direct him to take necessary action; that is write to the complainant and close the complaint.
As opposed to that, if the manager after investigation feels that there has been a violation, then a comprehensive written report is given to the broadcaster and informed about the complexities of the case. At this stage a publication may also be issued regarding the issue. There on the broadcaster will have opportunity to comment on the case and consequently make any amendments, commenting on factual errors or omissions. If there are any satisfactory changes, the complainant is informed and thereafter the case is closed.
Once the publication is issued and the broadcaster has not yet remedied the problem the manager may decided to warrant a sanction. A number of sanctions may be levied on the broadcaster keeping in view the extent and importance of the breach committed. Therefore satisfying the customer (complainant), and complying to law also.
As is obvious from the above mentioned procedure for the investigation, there is a lot of checking at all stages of investigation. In addition, a very solicitous care is kept regarding the flow of information to the broadcaster and the complainant too, as important information seepage can prove to be a disaster. The overall effectiveness of the process can be commented as being bureaucratic but yet satisfying as in the eyes of the complainant. Although the steps are intriguing and complicated, but keeping an eye on customer satisfaction is given priority. As at last the prime motive behind the investigation was to satisfy the customer (complainant).
