Pre-clearance

Is pre-clearance the same thing as copy advice?

In the case of copy advice, there is normally no element of obligation, either in seeking the advice in the first place or in following it once it has been obtained. On the other hand, an advertiser, advertising agency or the media must follow the suggestions given in the pre-clearance of an advertisement. Pre-clearance often involves an element of copy advice, in terms of the changes necessary to enable a non-complying advertisement to be broadcast or published. However, its final purpose is not the same.

What is pre-clearance?

Pre-clearance is normally found in circumstances where advertising is subject to statutory or co-regulation. It is the compulsory examination of an advertisement, before it is broadcast or published, to ensure that it complies with legal, statutory or self-regulatory rules. Like copy advice, pre-clearance greatly reduces the risk of complaint, but if a complaint is received, the preliminary decision to grant clearance will be reviewed by the adjudication committee and if necessary, overruled.

Which countries require pre-clearance and for which media?

European members:

• Ireland for alcohol advertising
• Italy for non-prescription medicine advertising (all media except TV)
• France for all television advertisements
• Netherlands for alcohol advertising (on TV and radio), medicines, treatments and health products
• UK for all television and radio advertisements

Corresponding members:

• Canada provides voluntary preclearance for children’s advertising (broadcast and non-broadcast media), food and nonalcoholic beverage advertising (broadcast media), cosmetics advertising (broadcast media), alcoholic beverage advertising (broadcast, print, and out-of-home media), non-prescription drugs and natural health products advertising to consumers (broadcast and print media)
• New Zealand for branded liquor and medicinal products and for television advertising (not pre-cleared by ASA but by other bodies)