What happens to public complaints
A written complaint must be submitted to the Advertising Standards Bureau in regard to an advertisement that may be in breach of Section 2 of the AANA Code of Ethics, the AANA Code for Advertising and Marketing Communications to Children, the AANA Food and Beverages Advertising and Marketing Communication Code, the Federal Chamber of Automotive Industries Voluntary Code of Practice for Motor Vehicle Advertising, the Australian Food and Grocery Council's Responsible Children's Marketing Initiative of the Australian Food and Beverage Industry, and the Australian Quick Service Restaurant Industry Initiative for Responsible Advertising and Marketing to Children.
The complaint may be one of the following:
If the complaint raises an issue under the Code for an advertisement that has not been previously considered by the Board, the advertisement is put on the agenda for the next Board meeting.
ADVERTISERS whose advertising is subject to PUBLIC COMPLAINT will be contacted directly by the Advertising Standards Board.
The advertiser is invited to comment with specific reference to any apparent contravention of the Codes and is asked to provide a copy of the relevant advertising material. [If there is no response within a nominated period, the Board may proceed to consider the complaint anyway].
The complainant is notified that the advertisement will be bought before the Board.
The Board looks at all aspects of the Code before making a determination about the complaint.
2. Already considered
If the complaint is about an advertisement that has already been considered by the Board. The complainant receives a copy of the case report, outlining the determination and the advertiser receives a copy of the complaint made about their advertisement for their information.
3. Rejected complaint
A rejected complaint is a complaint that the Advertising Standards Bureau does not have jurisdiction over. For example, complaints about advertising that do not come under Section 2 of the Code include misleading advertising, television or radio program content or complaints that are broadcast or in circulation outside of Australia. In these cases, the complainant is referred to the appropriate body. For more information, see our referrals page.
DETERMINATIONS
Where the Board upholds a complaint, the advertiser is given a period in which to advise whether the advertisement will be modified or discontinued.
Responses from advertisers received within the allocated time period are included in Case Reports prepared for immediate publication and notification through media releases and other public statements.
If the advertiser chooses not to modify or discontinue an advertisement in line with a determination, the Board may forward its Case Report to appropriate government agencies and media proprietors.
Complainants are notified of the determination pertaining to their complaint and are sent copies of the Case Reports.
The free public complaints service provided by the Advertising Standards Board is funded under the advertising industry's self-regulation voluntary levy system.
Review of decisions
The Advertising Standards Bureau appointed an Independent Reviewer in April 2008, providing the community and advertisers a channel through which they can appeal decisions made by the Board. If people who originally complained about an advertisement or the advertiser are dissatisfied with a Board decision, they can ask for a review of that decision.
A pdf of the complaints process is also available.
Complaints about Alcohol Advertising
All complaints about alcohol advertising are directed to the Alcohol Beverages Advertising Committee.