Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
The section How The System Works explains the roles of the CAP Panels. The ASA and CAP Executive can seek guidance from either the Sales Promotion and Direct Response Panel (SPDRP) or the General Media Panel (GMP). As the name suggests, the SPDRP concerns itself with sales promotions and direct marketing. The GMP deals with all other matters. The SPDRP deals only with non-broadcast but the composition of the GMP changed so that it can consider both broadcast and non-broadcast matters.
The role of the Panel is to provide an unbiased opinion from an industry perspective and a forum for information exchange between the industry and the ASA and CAP Executive. It is often an opportunity for marketers to have industry representatives review an aspect of an investigation and to feed into the decision-making process. Although consideration is given to its recommendations and the Minutes of the meeting will be given to the ASA Council if relevant, the Panel’s opinion is not binding on either the Executive or the ASA Council. Although it will summarise the Panel’s conclusions, the Executive will not send Minutes to advertisers, complainants or their appointed representatives.
The Panels may be asked to discuss a recommendation before the ASA Executive gives it to Council, specific copy advice, the application of a Code clause, the interpretation of a claim, common industry practice or other general regulatory subjects. The Executive may use the Panel to draft or help draft Help Notes or revisions to the Code. The Panel will almost never consider scientific or highly specialised evidence: it leaves those matters to the experts.
Although a request for a Panel discussion has to be agreed by the Panel Chairman, advertisers, complainants or anyone directly involved in the investigation or affected by copy advice may ask for a Panel discussion. Interested parties should write to the Executive explaining what they would like the Panel to discuss and why. The Executive does not guarantee that all submissions and correspondence will be sent to the Panel but will satisfy itself that relevant documents are submitted or accurately summarised. Oral hearings are not allowed. The Chairman may decide not to grant a discussion if, for example, he or she believes the request is outside the scope of the Panel’s remit or expertise or if the request is specious or a delaying tactic.
Each Panel is made up of a Chairman, a Vice-Chairman, an ASA Council representative, about ten marketing or media practitioners, the Secretary (Director of Advertising Policy and Practice) and an Assistant Secretary (the Compliance or Copy Advice managers). The Panel is quorate only when it comprises the Chairman or Vice-Chairman and four other members.
The Panel Chairman is appointed by the Chairman of CAP and usually serves for around three to four years. He or she selects members of the Panel in consultation with the Secretary and they exercise their discretion in rotating members off the Panel to ensure continuity, a balance of representation and an overlap of expertise. The Chairman of CAP may attend Panel meetings but, in practice, rarely does.
The Panels are scheduled to meet three or four times a year and sometimes a teleconference is arranged to discuss especially important or urgent matters.
Last modified : 29 June 2010