What is pre-clearance?
Pre-clearance is a compulsory examination of an advertisement before it is broadcast or published to ensure that it complies with legal and/or self-regulatory rules. Pre-clearance often involves an element of copy advice, in terms of changes necessary to enable a non-complying ad to be broadcast or published. However, its final purpose is not the same. Pre-clearance is normally found in circumstances where advertising is subject to co-regulatory agreements or where media or specific sectors of industry have unilaterally decided to check all ads before broadcast. It is the exception rather than the rule in European countries and it is currently required in only 3 countries:
- France where ARPP checks all linear and connected TV ads before broadcast
- the United Kingdom where Clearcast checks all TV broadcast advertising,
- Portugal where ARP check all ads for alcohol and foods high in fat, salt and sugar ads for TV.
Some countries require pre-clearance by law for highly regulated specific industries, such as medical products, financial services, or certain sensitive products. These pre-clearance systems are often run by a public statutory authority and not a self-regulatory organisation.
Like copy advice, pre-clearance greatly reduces the risk of complaints. However, it does not eliminate the risk of complaints, with consumers always able to lodge complaints for free with the SRO. If a complaint is received, the SRO’s jury will take account of the preliminary decision to grant clearance and if necessary, it may be overruled, though this is rare. For more information, please consult EASA’s Bluebook.
