Unified advertising regulation is a chance to slash the red tape

Ofcom gets the thumbs-up. Now it鈥檚 up to the Advertising Standards Agency to keep a level playing field

For all of its many, many public consultations, Ofcom鈥檚 start has been a good one for the media industry.

Its stance has been sensible on all of the important issues and its tone has been the very model of a modern media regulator.

But what may prove to be the biggest result for the industry could turn out to be the decision to hand the Advertising Standards Authority power over all media sectors. It never made sense that, while it got to rule on, say, posters, the Independent Television Commission made decisions about the acceptability or otherwise of television. The new momentum this gives to the ASA now needs to be built upon. At the moment, the massive difference in the rules, depending on the medium in question, is ridiculous.

Why should it be that you can listen to Pete and Geoff on Virgin Radio singing the praises of their Nescaf茅 coffee, yet if CNN鈥檚 Spark programme featured any of sponsor Hewlett Packard鈥檚 products, everyone concerned would be facing a big fine?

Why is it that the same consumer is deemed bright enough to understand the commercial relationship between radio station and sponsor, yet apparently so stupid they need protecting from commercial taint when they sit in front of a television?

The rules on sponsorship fall into Ofcom鈥檚 basket even under the new system, but self-regulation is bound to strengthen the hand of those calling for greater consistency between codes.

Every medium deserves to be on a level playing field.

Another factor to focus minds at the ASA is the rapid convergence of technology. When TV programming is deliverable via broadband directly onto computers, what rules should it be regulated by then? At present the amount of red tape for TV broadcasters is ridiculous 鈥 not only at a UK level but from Europe, too. The recent Westminster Media Forum that examined the Europewide TV Without Frontiers regulations made this clear, too. Changing the European regulations will take a long time 鈥 with intensive lobbying, then consultation and, eventually, changes in the rules.

Ofcom is still the 鈥渂ackstop鈥 authority, but where the ASA has the power, it should do its utmost to ensure that 鈥 whatever the medium 鈥 the red tape is kept to a minimum, while still protecting the public. The UK鈥檚 media are facing unprecedented levels of change, and need to be fast on their feet to survive.

They can鈥檛 do that with red tape tying their hands.

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