New ASA Digital Remit


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Stephen Groom , 2 March 2011

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New ASA Digital Remit

  1. 1. New ASA Digital RemitStephen Groom2 March 2011
  2. 2. osborneclarke.comContext: other regulators of online advertising• Office of Fair Trading and Trading Standards e.g Consumer Protection from Unfair Trading Regs 2008 ("CPRs"), Business Protection from Misleading Marketing Regs 2008 and Enterprise Act 2002• Information Commissioners Office e.g Privacy and Electronic Communications (EC Directive) Regulations 2003• Ofcom e.g Communications Act 2003 s.130 persistent misuse of networks• ATVOD video on demand editorial content inc. sponsorship and product placement. See ATVOD Rules & Guidance• FSA Financial promos online see OFT/FSA Online Sponsored Links guide• And dont forget Facebook, Twitter etc own promo/website/brand rules 2
  3. 3. osborneclarke.comCAP Code – online remit pre 1 March 2011• CAP UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing ("CAP Code") para I d.:• "Advertisements in non-broadcast electronic media including but not limited to": – online ads in paid for space e.g. banner, pop-up and in online video – marketing emails and sms/mms – paid-for search listings – online sales promotions and prize promotions – in-game ads – promotional video games ("advergames") in paid-for ads – ads transmitted by Bluetooth 3
  4. 4. osborneclarke.comCAP Code – online remit from 1 March 2011• All pre 1 March 2011 coverage at I d PLUS (I h):• Advertisements and other marketing communications…..• by or from companies, organisations or sole traders…• on their own websites..• or in other non paid-for space online under their control…• that are directly connected…• with the supply or transfer of goods, services, opportunities and gifts…• or which consist of direct solicitations of donations as part of their own fund raising activities. 4
  5. 5. osborneclarke.comSanctions• Existing – Bad publicity from "complaint upheld" finding – Inability to make further use of communication in question – Pre publication vetting by CAP – Ad alerts• New – "Enhanced name and shame" on special part of ASA website – Removal of ads that link to pages hosting non-compliant content, "with the agreement of search engines." – ASA paid-for search ads highlighting advertisers continued non-compliance 5
  6. 6. osborneclarke.comOfficial guidance available1. CAP 14 page guide "Extending the Digital Remit of the CAP Code."2. CAP Q&A 2 September 2010 "ASA digital extension: We have the answers." 6
  7. 7. osborneclarke.comThree key questions• Is it under the advertisers control?2. Is it primarily designed to sell something? "Directly connected with the supply or transfer" of products ("DCST") echoes "invitation to purchase" in CPRs (price and product characteristics enabling a purchase) but it may still be caught even if it omits price or transactional facility. For example (a) has it appeared in the same or a similar form as an ad in paid-for third party space or (b) does it make an "invitation to purchase" easily available? Possible General Media Panel role.3. Is it excluded? 7
  8. 8. osborneclarke.comCAP Code-outside online remit from 1 March2011• Website content not covered by I d. or I h. including (but not limited to): – editorial content – news or public relations material – corporate reports – natural listings on search engine or price comparison site – sponsorship (marcoms that refer to spp are within CAP Code) – customer charters and codes of practice – investor relations (info about an orgn addressed to the financial community including shareholders and investors) – heritage advertising – marcoms promoting causes or ideas 8
  9. 9. osborneclarke.comAnd finally….• User generated content likely to be in remit if answer is "Yes" to either of these (a) did the advertiser originally solicit the submission of UGC, then adopt and incorporate it within its own marcoms? (b) did an individual provide advertiser on an unsolicited basis with material which advertiser subsequently adopted and incorporated within its own marcoms?2. Advergames in remit if they are DCST marcoms either in (a) paid-for space or on advertisers own websites or (b) non paid-for space online under the advertisers control3. Only sites? No. New remit covers marcoms of organisations operating from UK on own sites or other non paid-for space online under their control, so could extend to e.g. Facebook or other .com sites. 9
  10. 10. osborneclarke.comContactNew ASA digital remitStephen GroomMarch 10
  11. 11. New ASA Digital Remitstephen.groom@osborneclarke.com2 March 2011