The Advertising Standards Authority received a total of 1,402 complaints in 2023 relating to 1,134 different ads, according to its annual report which was published this week.
This is an increase of 18% when compared to 2022 when it received 1,189 complaints.
During 2023, the ASA found that 59 ads were in breach of the Advertising Standards Authority Code of Standards for Advertising and Marketing Communications.
The report notes that 68% of complaints made in 2023 were on the basis that an ad was misleading, while 8% were made on the basis that an advertisement was offensive.
Some 20% (279) of all complaints received during 2023 concerned ads and promotions from social media influencers, with 34% (95) of these received after the launch of Joint Guidance on Influencer Marketing with the Competition and Consumer Protection Commission (CCPC) in October 2023. The overall number of complaints received about influencers in 2023 represents an increase from 7% in 2022 (88) and 5% in 2021 (77).
To police the rapidly growing influencer marketing space, the Advertising Standards Authority introduced an anonymous Social Media Influencer Content Complaints Reporting Form along with a reach out programme to engage with influencers where multiple ad content notifications were received by the organisation. From the introduction of the report form in November 2023, 903 notifications were received about content by some 300 social media influencers to year end.
Of the 903 notifications received through the anonymous Reporting Form, 590 notifications referenced ‘Missing label / Hashtag’ (590) followed by ‘Label / Hashtag not visible or not at the start of content’ (171) and ‘Incorrect label / Hashtag’ (142).
The sector that attracted the second greatest number of complaints was ‘Health and Beauty’ (221), followed by ‘Leisure’ (153) and ‘Household’ (111). When it comes to ‘complaints by media’, ‘Digital Media’ gave rise to the highest number of complaints, representing over half (60%) of all complaints, while broadcasting media (TV and radio combined) totalled 26%, and outdoor media amounted to 4%.
“This year has seen the emergence of new statutory entities and important partners to Advertising Standards Authority in the co-regulatory landscape together with the development of new key guidance,” says Orla Twomey, chief executive, ASA.
“During 2023, we partnered with key organisations, including Coimisiún na Meán, to seamlessly progress our partnership agenda with the new broadcast and online media regulator, focusing on plans for a Memorandum of Understanding and joint projects next year. Additionally, we contributed to the State-led Mobile Phone and Broadband Taskforce regarding the use of the phrase ‘unlimited’ in advertising.
“Comprehensive Influencer Marketing guidelines were also launched in 2023 with the Competition and Consumer Protection Commission. Ongoing promotion of the guidelines will continue into 2024 to educate influencers and brands on the correct disclosure of commercial content on social media, fostering trust in advertising for all and safeguarding consumers from advertising that is harmful, misleading or offensive,” she says.
“Going forward, we will also be streamlining our complaints management operations to enable us distribute our resources across all areas of our service proposition so that our contribution to maintain high advertising standards can be maintained.”
Miriam Hughes, chair of the Advertising Standards Authority, adds:
“The shift from traditional to online advertising has heightened the responsibility of brands and platforms to ensure that commercial content adheres to the high standards of the Code. The challenges currently being faced in the advertising industry highlight the importance of robust guidance and advertising co-regulation for widespread benefit.
“The establishment of Coimisiún na Meán and the Gambling Regulatory Authority of Ireland during 2023 were welcome additions to an already complex advertising landscape, and has further strengthened regulatory infrastructure across the wider industry.
“The Advertising Standards Authority Annual Report emphasises the importance of engagement and collaboration with these bodies, the Competition and Consumer Protection Commission, and the necessity of industry and digital platform support for sustained regulatory success. The ASA Board continues to uphold best practices and appreciates the contributions of its members, Complaints Committee, and Review Panel,” Hughes says.
