What is Copy Advice ?

Copy advice is the provision by a self-regulatory organisation (SRO) of an opinion as to whether or not an advertisement complies with advertising rules. It is provided on a confidential basis and usually accompanied by advice on the amendments necessary to bring a non-complying advertisement into line with the rules. Copy advice is provided on request to advertisers, agencies or the media.



Is copy advice binding?

Copy advice provided by an SRO is not usually binding on advertisers, agencies or media which request it. They are, however, expected to comply with it, particularly if it has been provided by the SRO's adjudication committee



Does copy advice influence an SRO's decision in the event of complaint?

In the event of complaint, an SRO's adjudication committee is not bound by pre-publication advice previously offered by the secretariat (i.e. permanent staff). However, an advertiser who has disregarded copy advice will be expected to provide convincing reasons for his action and non-compliance obviously increases the chances of a complaint being upheld.



Does copy advice guarantee that there will be no complaints?

Copy advice reduces the risk of infringements of the rules and consequently of an advertisement giving rise to complaints of substance, although it cannot completely eliminate the risk.

Final responsibility for the veracity of advertising claims rests with the advertiser himself and if a competitor or a consumer identifies an exaggerated or misleading claim, the complaint is likely to be upheld. In the area of offence, it is notoriously difficult to predict public reactions, which are sometimes influenced by topical events and controversies, such as the Dutroux paedophilia scandal in Belgium and the Dunblane school massacre in the UK.



Is there a charge for copy advice?

Some SROs make a charge for copy advice, whose amount may vary depending on whether or not the advertiser, agency or media concerned is a member of the SRO.



What are the advantages of copy advice?

Seeking copy advice at an early stage in the preparation of a campaign provides advertisers and agencies with a degree of reassurance that it complies with the highest standards of practice. It also prevents time and money being wasted on campaigns which breach the rules and are therefore likely to be short-lived.

Copy advice can also help to avoid embarrassment and damage to the reputation of an advertiser or a brand caused by adverse publicity if a complaint is upheld. In a wider context, copy advice helps protect the reputation of advertising in general.

Which countries offer copy advice?

SROs in the following countries, about half of the EASA's European members, offer copy advice. Please contact each SRO directly for information regarding specific services and charges.

Austria Greece Slovakia
Belgium Hungary Slovenia
Czech Republic Ireland Spain
Finland Italy Turkey
France Lithuania United Kingdom (ASA, BACC, RACC)
Germany WBZ Portugal
     



Is copy advice available for pan-European campaigns?

Those seeking copy advice for pan-European campaigns should contact the national SROs in the relevant countries. The EASA's Blue Book provides a cross-reference table showing the areas covered by rules in each country, but national SROs can provide specific details.

The EASA is currently examining the possibility of providing a single contact point for advice on pan-European campaigns. At the present time, however, practitioners are advised to consult individual national SROs directly. Many of them have their own website which contains details of the codes and rules currently in force.



Is copy advice the same thing as pre-clearance?

Although both procedures take place before publication, they are not the same. 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.

Pre-clearance, on the other hand, 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. 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 exception rather than the rule in European countries: it is currently required in the UK for broadcast advertising and tobacco advertising, in France and Ireland for television advertising and in Italy for the advertising of non-prescription medicines.

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.



PRE-CLEARANCE AND COPY ADVICE IN THE CONTEXT OF BROADCAST ADVERTISING - A report prepared for the Advertising Standards Authority of South Africa (ASASA)


Want to Know More? see the EASA Guide to Self-Regulation