Complaint process steps
1. Initiating a complaint
All complaints must be submitted in writing.
A single written complaint is sufficient to initiate a formal complaint. An anonymous complaint is not sufficient to initiate a formal complaint, but it can be included as part of a complaint that has already been raised or is subsequently raised. To facilitate this, anonymous complaints are kept on file.
- A complainant must provide details of the advertisement that sufficiently identifies the particular advertisement, as well as what was found to be offensive about the advertisement.
- A mailing address is also necessary in order to contact the complainant about the progress of their complaint.
- Complaints about different advertisements should be submitted separately for expedient processing.
The Advertising Standards Bureau (ASB) privacy policy provides details about how personal information is handled.
2. Acceptance of complaints
The ASB will normally accept only written complaints – via the online complaints form if complainants have computer access, otherwise by post or facsimile. If complainants submit a complaint by email they will be redirected to the online complaints form.
All complaints received are promptly assessed about their appropriateness for submission to the Advertising Standards Board (Board) for determination. As the Board secretariat, the ASB replies to all complainants informing them of the status of their complaint.
If the information provided in the letter of complaint is insufficient (in particular, if it fails to adequately identify the advertiser or marketer, product or nature of complaint) then more information is sought from the complainant.
Complaint may be assessed as:
A new complaint
If the complaint raises an issue under Codes or inititiatives administered by the ASB about an advertisement that has not been previously considered by the Board, the advertisement is put on the agenda for the next Board meeting.
Already considered
If the complaint is about an advertisement that has already been considered by the Board.
Rejected complaint
Complaints are rejected if the Board does not have jurisdiction to consider the issue. For example, complaints about advertising that do not come under Section 2 of the AANA Code of Ethics, or other industry Codes or Initiatives, or are about misleading advertising, television or radio program content or complaints that are broadcast or in circulation outside of Australia.
In some cases, the issue complained about can be considered by another body.
3. Responding to complaints
Once a complaint has been accepted by the ASB, the advertiser/marketer is notified about the complaint. They are provided with a copy of the complaint and are requested to provide a written response and copies of the relevant advertising or marketing communication within sufficient time to allow the complaint to be dealt with at the next meeting of the Board – this is usually 7 days but may be shorter if the ASB considers that the complaint should be considered as a matter of urgency.
If an advertiser/marketer fails to provide a response to the complaint within the specified period or any extension of it, the Board may consider the complaint and the advertising or marketing communication in question without the advertiser/marketer response.
4. Board meetings
The Board meets twice a month to consider complaints. The Board will also meet between meetings, usually by teleconference, if the ASB considers that a matter should be considered as a matter of urgency.
The position of Chair is rotated among Board members on a meeting by meeting basis. The Chair for each meeting is generally determined at the beginning of each year but can be varied to accommodate changes in individual schedules.
Board members must disclose any personal interest in a matter that is the subject of a complaint. The member concerned must withdraw from contributing to the debate, determination or case report approval in relation to those complaints.
If a Board member’s duties to another board or organisation require that they breach their duty of loyalty or confidentiality to the Board for a period of time, then the member must disclose this position to the Board.
A general conflict with the Board would require that the member withdraw from their duties to the Board during the period that the conflict continues.
The Board reaches its decision by way of simple majority. In the event of a tied vote, the Chair has a casting vote.
In relation to individual complaints, Board members will consider:
- the complaint(s) received
- all relevant advertising/marketing communications submitted by the advertiser/marketer
- the advertiser/marketer’s response (if any)
- all relevant provisions of the Codes and Initiatives, and
- any other relevant supporting materials or other representations or submissions.
The Board is not limited, in its considerations, to issues raised by the complaint.
The Board considers complaints in light of all parts of the relevant Codes or Initiatives and accordingly may apply any part of those Codes or Initiatives in reaching a determination. If the Board is unable to reach a decision until it is in possession of additional information, it can defer its determination until a future date.
5. Determinations the Board can make
Determination – complaint upheld
A complaint is upheld if the Board determines there is a breach of a Code or Initiative.
Determination – complaint dismissed
A complaint is dismissed if the Board determines there is no breach of a Code or Initiative.
6. Notification of the outcome
When a complaint is upheld the advertiser is notified of the decision and provided with a draft case report within 48 hours. The advertiser then has 5 days to respond to the Board’s decision and confirm that the advertisement has been or is being removed. The Board’s decision and the final case report, incorporating the advertiser’s advice that the advertisement has been removed, is provided to complainants and the public within 8-10 days of the Board’s decision.
Advertisers are advised within 48 hours of the Board’s decision when a complaint is dismissed. During that time a draft case report is prepared by the ASB and submitted to the Chair for approval.
Usually, within 10 business days of the Board’s decision, complainants are advised of the decision and all case reports are made publicly available.
7. Advertiser responsibilities after a determination
When a complaint is upheld, the advertiser is requested to remove or amend the offending advertisement as soon as possible after receiving a copy of the draft case report.
On receipt of the draft case report the advertiser/marketer is requested to advise the Board whether it agrees to modify or discontinue the advertising or marketing communication (Advertiser Statement). This advice is requested to be provided within 5 business days of receiving the covering letter advising of the outcome and the draft case report. The advertiser/marketer is also advised of the opportunity to include an Advertiser’s Statement in the case report.
If an advertising or marketing communication is found to breach a provision of a Code or Initiative and the advertiser/marketer does not modify or discontinue the advertising or marketing communication within the allowed time frame, the Board will:
- include the advertiser/marketer’s failure to respond in the case report
- forward the case report to media proprietors
- post the case report on the ASB’s website, and
- if appropriate, the ASB can refer the case report to the appropriate government agency.
8. Review of determinations
If a complaint is upheld, the advertiser/marketer can ask for a review of the Board’s decision. If a complaint is dismissed, the original complainant(s) can ask for a review of the Board’s decision.