What is a practical example of a Cross-Border Complaint (CBC)?
A cross-border complaint transcends national boundaries: An Irish consumer who receives television broadcasts from the UK wishes to complain about the content of an advertisement. The consumer complains to the Irish self-regulatory organisation (SRO), who passes it to the self-regulatory organisation in the country where the media is based- in this case, the UK. The relevant UK SRO then deals with it according to its own code of advertising practice.
How is the Alliance Involved?
The EASA Secretariat provides a single co-ordination point for cross-border advertising complaints. The Secretariat co-ordinates the cross-border system by ensuring that cases are transferred to the competent Alliance Member. It also suggests appropriate action, supports the information exchange and reports on the outcome of cases handled.
What is the real role of the EASA Secretariat?
The EASA Secretariat is always available to assist its Members in the establishment of the country of origin, or to conduct investigative research and serve as a cross-reference for repeat offenders. The Secretariat manages a daily updated database of all Cross-Border Complaints and logs case information (advertiser's name, product, complaint type, complaint SRO, etc) as it progresses. In addition to the regular case reports featured in the 'Alliance Update', the information is used to prepare progress reports for various groups including EASA Members, Industry bodies, and European institutions.
How many Cross-Border Complaints has the EASA dealt with?
Since 1992, over 600 complaints have been closed by EASA Members through the Alliance's Cross-Border Complaints system. The majority of these complaints were from consumers, many of whom were in the UK, Ireland and France, concerning predominantly direct mail or press advertisements.
For more detailed information go here
and also see the cross-border complaints reports.
Do consumers always know that they are making a CBC?
Often the consumer will be unaware that they are complaining about an advertisement that has originated from another country. As soon as a complaint is identified as being a Cross-Border Complaint by the self-regulatory organisation in the consumers' country, it will be passed on as quickly as possible to the EASA Member in the media's country of origin. The self-regulatory organisation will inform the complainant to explaining that the matter will be dealt with under the EASA Cross-Border system- by the self-regulatory organisation in the country of origin of the media in which the advertisement appeared.
How will the SRO decide that the complaint is genuine or not?
All complaints are 'genuine', but the self-regulatory organisation will initially decide whether it is a 'complaint of substance'. A 'complaint of substance' is a complaint serious enough to require investigation. Complaints that are obviously trivial or about matters unrelated to the advertising code are not normally regarded as being of substance and do not require further investigation.
What do consumers normally complain about?
Every consumer complaint is different, individual, and will be dealt with as such. Complaints deal with many issues: the portrayal of women in advertising, references to religion, misleading information, offensive content, etc. For examples of complaints, see CBC Reports.
How can the Complaints rulings be enforced?
The SRO depends on the support of its media in enforcing complaint rulings.
Is the help of other organisations enlisted when investigating complaints?
The main goal of a complaint investigation is to get a result for the consumer. Member SROs and the EASA Secretariat will work together to do this, enlisting the help of the relevant industry bodies where necessary.
What are the advantages of the cross-border system?
The two principal advantages of self-regulatory systems over statute law are their flexibility and adaptability. This is well demonstrated in the handling of Cross-Border Complaints. The EASA Secretariat is included in all correspondence relating to the cases, and keeps a watchful eye on their progression. The system works through co-operation between the SROs who want to get the best results for consumers. Of course, this does not mean that the outcome of a complaint is always to the complainant's satisfaction, or guarantee the same result the complainant might have expected in the case of an advertisement published in the media of his or her own country. It does mean, however, that the EASA Member dealing with the complaint demonstrates the effectiveness of its own system in dealing with complaints from other countries.
Are details of the Cross-Border
complaint cases published?
Yes they are on a regular basis in the Alliance's cross-border complaints reports, which are published in the Alliance Update and on the website. For further statistical information re cross-border complaints, please go here.