From the 1st March, the Advertising Standards Authority (ASA) will have new powers to regulate the way brands market online. In addition to it’s existing regulatory powers covering Paid Search, and Display Ads, the new guidelines mean other forms of online marketing, including company websites, will fall under their remit.

1. The CAP Code and Digital Marketing
How the new regulation will affect marketers
From the 1st March, the Advertising Standards Authority (ASA) will
have new powers to regulate the way brands market online.
In addition to it’s existing regulatory powers covering Paid Search,
and Display Ads, the new guidelines mean other forms of online
marketing, including company websites, will fall under their remit.
The Facts
 As of March 1st 2011, the ASA will respond to complaints about online “The opening up of the
marketing messages across a wider range of platforms. ASA’s online remit is a
 This includes not only company websites, but also third-party sites under
a company’s control, including corporate Twitter and Facebook pages.
further sign of the coming-
of-age of digital marketing.
What is changing? Learning the code does take
time, but by following these
The ASA already covers some ‘new media’ aspects within their remit, rules marketers can ensure
including SMS, viral adverts, banner ads and in game ads. However, the
growth in social media has meant that brands were able to avoid paid
that they avoid falling foul
advertising all together. This, plus the rise of web-spam in organic search of the code”.
results, has prompted the ASA to seek to regulate anything online that can
John Newton, Digital Marketing
be considered an ‘invitation to purchase’ which is defined as a ‘commercial
communication which indicates characteristics of a product and the price’. Director, ClickThrough Marketing
What it means for Marketers
In the past, some marketers outside particularly heavily regulated sectors
The ClickThrough View
(e.g. Finance, health) have left worries concerning regulation to their ad
agencies and media owners, who know and apply the code relevant to their • This change gives consumers a new
area of the media/sector. Now, marketers need to be aware of how the line of protection, and in the context
of the 2,500 complaints regarding
Committee of Advertising Practice (CAP) Codes apply to their website and web content made to the ASA in
social media profiles – details of which can be found at bit.ly/capcode. 2010 (which could not be acted
What are the Main Aspects of the Code upon) they help to protect the
integrity of the digital marketing
The CAP Code is a 125-page document with specific sections related to industry in the eyes of the public.
Distance Selling, Sales Promotions and Database Practice. However, there • Marketers should be aware that it is
are some general rules that marketers should consider on the websites and likely that certain parts of their site,
social profiles under their control: for example areas that don’t relate to
the sale of products, will not fall
 Communications must not materially mislead. This includes hiding under the remit of the code.
material information or presenting it in an unclear, unintelligible, • The sanctions available to the ASA
ambiguous or untimely manner. This is good practice anyway and it have also changed. They can now
reduces instances of customer complaints or worse, chargebacks. remove paid ads linking to non
complying pages, name and shame
 Prices shown should not mislead by omission, undue emphasis or on their website, enforce pre-vetting
distortion. Prices should also relate to the product featured in the of ad copy and even run paid search
marketing communication and include non-optional taxes, duties, fees campaigns highlighting non-
and charges. Again, clarity on pricing reduces consumer dissatisfaction. complying advertisers!
 Before publishing claims on your site, you must hold documentary • To adapt to the change in remit, the
ASA is aiming to handle more
evidence to prove claims that could be considered as ‘objective’. Hold all complaints informally, and is also
relevant data alongside your campaign materials for ease. increasing staffing. However, the ASA
remains a reactive enforcer, relying
The ASA will also view the use of user generated content as within remit if on a complaint to trigger action.
the website owner incorporates it in their own marketing communications.
Find out what we can do to grow your business. Call us on 0800 088 7486 or visit clickthrough-marketing.com