Advertising Standards Bureau Review of Operations 2014 - Page 61

The Advertising Claims Board The Advertising Claims Board is a purpose-built alternative to expensive litigation. It is a system of alternative dispute resolution directed to addressing and resolving challenges in advertising that might otherwise lead to litigation. The Claims Board considers complaints which breach Section 1 of the AANA Code of Ethics. This includes complaints about: • t he legality of an advertisement • m isleading or deceptive advertisements • a dvertisements which contain misrepresentations likely to harm a business • e xploitation of community concerns in relation to protecting the environment • m isleading country-of-origin claims. The benefits of the Claims Board and its system of alternative dispute resolution are that: • t he process is concluded in a timely manner (the Claims Board must make a determination within 15 business days of receipt of final submissions from the complainant and advertiser) • • Review of Operations 2014 t he process is less costly than litigation, with the only cost being fees for the members sitting on the Claims Board and legal and administration costs of the ASB The Claims Board comprises a variable panel of at least three qualified legal practitioners, nominated by the ASB from a Register of Lawyers it maintains. Practitioners on this register have certified to the ASB that they have experience and expertise in the area of advertising and/or competition and consumer law and that they hold a current practicing certificate. They must also certify that they have no conflict of interest in the particular matter. The Claims Board Procedural Guidelines are available on the ASB website. The ASB continues to work to raise the profile of the Claims Board and ensure that Advertisers are aware that this unique form of alternative dispute resolution is available. Advertising Claims Board cases – 2014 During 2014 the Claims Board resolved three cases, summarised below. Full reports of all cases are available from the ASB website. t he parties have the option of proceeding to usual dispute resolution procedures if desired. 59