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.
Sometimes the ASA will receive complaints about marketing communications that are the subject of legal action, for example, if a competitor has chosen to pursue a claim of defamation through the courts or a member of the public is trying to claim compensation through the Small Claims court. In those circumstances, the ASA is extremely unlikely to proceed with an investigation and CAP is unlikely to give advice. Because the self-regulatory system is an alternative to the courts, it would be wrong for any action by, or correspondence from, either the ASA or CAP to influence legal proceedings or be used as part of a legal process. So, even if the ASA or CAP receives enquiries about marketing communications that are covered by the Code, neither organisation will knowingly take action if that enquiry is the subject of legal action.
On rare occasions, the ASA might investigate a complaint about a marcom that is the subject of legal action as long as the matter being pursued through the courts is not also the subject of the complaint.
Intra-industry complainants have to assure the ASA they are not taking or contemplating legal action. See ‘Litigation: Complaints to the ASA’.
Last modified : 29 June 2010