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 Ad Standards Community Panel's decision and confirm that the advertisement has been or is being removed. The Community Panel’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 Community Panel’s decision.
Advertisers are advised within 48 hours of the Community Panel’s decision when a complaint is dismissed. During that time a draft case report is prepared by Ad Standards and submitted to the Community Panel Chair for approval.
Usually, within 10 business days of the Community Panel’s decision, complainants are advised of the decision and all case reports are made publicly available.
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 Ad Standards 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, Ad Standards 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 Ad Standards' website, and
- if appropriate, Ad Standards can refer the case report to the appropriate government agency.