The BPR on Copy Advice describes one of the key elements of a self-regulatory system – the provision of non-binding, prepublication advice to advertisers, agencies or media. By seeking the advice of the national SRO before a campaign is launched, the advertising industry demonstrates its commitment to high standards. The BPR defines copy advice and the difference between it and pre-clearance; it explains who can ask for copy advice, how it can be funded and in what form it should be provided. The BPR also offers guidance on how much information should be included and how long the process should take.

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The BPR on Publication of Decisions offers guidance to SROs on making public the adjudications of their Jury/Complaints Committee. Transparency in decision making is essential to establishing and maintaining the credibility of the system and building consumer confidence in it. This Recommendation explains the purpose of publishing decisions, both as a deterrent and as an information source for advertisers, to help prevent future code breaches. It also lists the important features of an effective system, including the information to be included in the report, and suggests media for publishing and publicising decisions.

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The BPR on Substantiation of Claims addresses a central principle of advertising self-regulation, the reversal of the burden of proof. This requires the advertiser to prove that an advertising claim is truthful, rather than the complainant having to demonstrate that it is not, so advertisers should be able to provide documentary substantiation for their claims. The BPR describes how the principle works in practice, what types of claim need to be substantiated, the criteria for assessing claims, the role of experts in this process and the appropriate length of time to be allowed for providing evidence.

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The BPR on Confidentiality of Identity of the Complainant describes the differing national attitudes to this issue. SROs usually disclose the identity of a commercial complainant, but practice regarding the confidentiality of consumer complainants varies, depending on established national traditions. This may raise an issue in the context of a cross-border complaint, as differences in national procedures may mean that a consumer complainant is guaranteed anonymity in one country but not in another. The BPR suggests resolving this problem by explaining to the complainant that different procedures apply and seeking prior consent to continue on these terms. 

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The BPR on Jury Composition addresses the principle that the self-regulatory system must be, and be seen to be, independent of the industry which funds it. Decisions must be reached in an impartial manner and this should be reflected in the complaints handling process and the composition of the jury. This Recommendation provides guidance on the composition and size of the jury, the selection process and conditions of service, as well as the composition of the appeals body.

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The BPR on Complaints Handling emphasises the importance of dealing with complaints quickly and efficiently, as one of the key advantages of self-regulation over the judicial process is its speed. The BPR provides guidance on ways of complaining, the acknowledgement and tracking of complaints and appropriate time periods for the handling process. It also offers advice on the assessment of complaints, notification of the outcome to complainants and advertisers, and the appeals process, together with guidelines on how SROs should manage complaints handling against defined standards of service, including specific performance targets.

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The BPR on Advertising Monitoring deals with an important activity which, by contrast with reactive complaints handling, enables an SRO to play a proactive role in ensuring advertising code compliance and the implementation of its complaints adjudications. The BPR suggests ways of obtaining systematic access to advertising and explains how to target monitoring on specific sectors, media or issues that have attracted high levels of complaint or raised concern with legislators, NGOs or the general public. It also provides guidance on monitoring procedure, follow-up action and reporting of results.

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The BPR on Code Drafting and Consultation offers advice on the procedure for reviewing and revising a national advertising code. The aspects covered include ownership of the code, its scope, coverage and content, the frequency of updates and the processes of drafting, consultation and adoption, implementation and creating awareness of the code. The BPR examines in detail key procedural issues, notably consultation with interested parties outside the advertising industry, which are regarded as essential features of a self-regulatory model able to command acceptance in Europe.

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The BPR on SRO Funding explains why adequate and properly resourced long-term funding is essential to enable self-regulatory systems and SROs to comply with EASA’s Best Practice Model. It examines the strengths and weaknesses of the membership and levy systems and assesses four different European national self-regulation funding methods against the criteria of the EASA Best Practice Model and Charter Principles.

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The BPR on SRO Communications emphasises that to achieve effectiveness at national level, SROs must work to create awareness of the self-regulatory system among key stakeholders, i.e. consumers, regulators and the advertising industry, so that all concerned understand and can participate in the system. It points out the importance of transparency in self-regulatory procedures and provides guidelines on communications strategies, tools, measurement and resources.

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The Digital Marketing Communications Best Practice published in October 2008 offers advice and support to EASA’s national SRO and industry members on the application of self-regulation to Digital Marketing Communications (DMCs). More specifically it explains in what ways SROs can extend the remit of their advertising codes, if they have not already done so, to include DMCs.

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