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