Advertising Self-regulation (ASR) in Spain. An Analysis of Complaints and Resolutions

Abstract

The present work analyses the total of complaints received by the advertising self-regulation (ASR) system in Spain from 2010 to 2015. Based on their processing, a matrix of variables has been developed to study the existence or absence of significant relationships between the type and nature of resolutions and the type of offending advertisers. The variables analysed are: source of complaint, type of offending advertiser, infraction of the law, breach of the code of conduct, complaint resolution, nature of the resolution, source of appeal and appeal resolution. Results show that multinationals are the companies that most often infringe the law and codes of conduct, and also that in many cases the complaints against them are dismissed. The system mainly rejects complaints that are binding, that is, those against members of ASR. This work identifies severe flaws in the self-regulation process and questions its independence to conclude that Spanish ASR tends to protect advertisers rather than defend the rights of consumers. The implications of this work point towards an urgent need to implement structural changes to Spanish ASR, starting with the funding system and the selection of the Advertising Jury, as well as mechanisms that ensure the fulfilment of resolutions.