Reminiscent of the way in which the MPs' expenses row has led to calls for wider constitutional reform, law firm Lewis Silkin is using the review to demand an overhaul of the ASA's appeals system, which, it says, would give more power to advertisers who feel they have been harshly dealt with.
Brinsley Dresden, partner and head of media, brands and technology at Lewis Silkin, stresses that the ASA's self-regulation system is a strong one, but sees room for improvement.
'This is a once-in-a-generation chance for reform,' he says. 'It's important advertisers seize on this, otherwise we are going to be stuck with what we have for many years to come.'
Of particular concern to the firm, which specialises in marketing and advertising law, is the ASA's appeals process. 'At the moment, there is no effective right of redress for an adver-tiser that believes it has received harsh treatment,' claims Dresden.
Some ads clearly attempt to provoke a ban to generate PR (a tactic often favoured by brands with small budgets running a one-off press campaign). However, to have a TV campaign pulled for which the creative theme is part of an integrated multimillion-pound marketing push is both expens-ive and time-wasting for brand owners.
Lewis Silkin has created a detailed model of how a new appeals process could look. It proposes an expansion of the terms of reference under which brands can appeal, which, Dresden says, are currently too narrow.
An appeals panel comprising a wider mix of professionals than the present ASA council is also suggested. The appeal would involve a round-table meeting with representatives from the advertiser, agency, the ASA, Clearcast and any experts who would have been involved with investig-ating the ad facing withdrawal from broadcast.
Greater transparency on how decisions are made and a shift from a predominantly paper-based process to a face-to-face meeting format are other ways in which the Lewis Silkin model differs from the current process.
Dresden suggests that a revamped appeals process could be funded by an additional fee to ensure that the ASA, where revenue is falling because it is funded by advertiser levies, is not left out of pocket, as well as to prevent frivolous or vexatious claims.
An ASA spokesman refused to comment on the specific proposals.
Lewis Silkin is writing to all its advertiser clients and trying to set up meetings with relevant trade associations. However, it may have its work cut out, as the marketing industry is reluctant to criticise the system lest it leads the government to consider the implementation of a statutory variant.
Rae Burdon, chief operating officer of the Advertising Association, says it would listen to any proposals, but has a proviso. 'Any criticism might be better aimed at persistent offenders rather than the system, which is acknowledged to be the best in Europe and can show compliance rates in the high 90% range in all categories,' he adds.
Coca-Cola, which was last year forced to withdraw its Cactus Boy ad campaign for Oasis, after the ASA ruled that it condoned teenage sex, would not comment when asked whether it approved of the ASA's handling of the process. However, another FMCG marketer, who declined to be named, labelled the system 'arcane' and backed calls for reform.
If marketers do want a shake-up, they have until 19 June, when the consultation period closes, to make their voices heard.