Advertising Standards Bureau Review of Operations 2015

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 against Section 1 of the AANA Code of Ethics. This includes complaints about: • the legality of an advertisement • misleading or deceptive advertisements • a dvertisements which contain misrepresentations likely to harm a business • e xploitation of community concerns in relation to protecting the environment • misleading country-of-origin claims. The benefits of the Claims Board and its system of alternative dispute resolution are that: • RADIO EDUCATING BUSINESS GOVERNMENT DETERMINATION TRANSPORT BONDING SELF-REGULATE INDEPENDENT BILLBOARDS PARTNERING TRANSPORT AUTHORITY POSTERS STANDARDS ADVERTISERS BILLBOARDS TELEVISION COOPERATING ACCOUNTABILITY MERGING COMMUNICATING SOCIAL MEDIA ACCOUNTABILITY COMMUNITY EDUCATING SELF-REGULATE LIAISING COMPLAINT DETERMINATION CONSOLIDATING TRANSPARENCY RADIO COMPLAINT PARTNERING SELF-REGULATE POSTERS COMMUNITY DETERMINATION OUTDOOR INDEPENDENT PEOPLE ADVERTISERS RESPONSIVE MEMBERS TELEVISION INITIATIVES ACCOUNTABILITY ACCOUNTABILITY STANDARDS INTERNET RELIABLE GOVERNMENT UNITING REPORTS CONSUMERS COMMUNICATING ACCESSIBLE LIAISING 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) 66 • 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 • t he parties have the option of proceeding to usual dispute resolution procedures if desired. 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 – 2015 One case was received by the Claims Board in late 2015, and was determined by the Claims Board in 2016 (15 ACB 1). CONSUMERS CODES SOCIAL MEDIA INDEPENDENT TRANSPORT BRIDGING STANDARDS PEOPLE INDUSTRY TRAINING GOVERNMENT ACCOUNTABILITY LIA

Advertising Standards Bureau Review of Operations 2015 | Page 68