What the ASA remit means tosocial mediaMalcolm Phillips, Code Policy Manager, CAP30 March 2011Social Media World Forum
The CAP Code• Not just a Code for content andplacement, but also addresses:• administration of prize promotions• database practice
Extended Digital Online RemitAdvertisements and other marketing communications by or fromcompanies, organisations or sole traders on their own websites, or inother non-paid-for space online under their control, that are directlyconnected with the supply or transfer of goods, services,opportunities and gifts, or which consist of direct solicitations ofdonations as part of their own fund-raising activities.
Why extend the digital remit of theCAP Code?• All marketing communications should be legal, decent, honest and truthful wherever they appear• Large advertiser call for action (WFA, ISBA) - strengthens principles of fair competition• Consumer imperative: c. 3,500 complaints (08-09) – need to build consumer trust in online marketing• Political imperative: focussing on protection of children• Now we have the right tools: remit, sanctions, funding
“… or in other non-paid-for space onlineunder their control”
User-generated content (UGC)User-generated content (UGC) is content created by privateindividuals.UGC falls within remit if the website owner adopts and incorporatesit within their own marketing communications.2.3Marketing communications must not falsely claim or imply that themarketer is acting as a consumer or for purposes outside its trade,business, craft or profession; marketing communications mustmake clear their commercial intent, if that is not obvious from thecontext.
Special sanctionsExisting: New:• Adverse publicity arising • Enhanced name and shamefrom ASA adjudication on home page and dedicated section of ASA site• Pre-publication vetting by theCAP Copy Advice team • Removal of paid ads that link to non-complying content• Withdrawal of tradingprivileges, including trade • ASA paid search campaignbody benefits highlighting non-complying advertiser• Withdrawal of media space• Referral to OFT under CPRs
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