What the ASA remit means to search & social media

Malcolm Phillips, Code Policy Manager, CAP

19 May 2011

SAScon

The CAP Code

• Not just a Code for content and placement, but also addresses:

• administration of prize promotions

• database practice

3.3 Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.

Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.

Extended Digital Online Remit

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.

Why extend the digital remit of the CAP 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 online under their control”

Facebook, UGC and CRM

Facebook, CRM and marketing

Facebook, CRM and marketing ii

User-generated content (UGC)

User-generated content (UGC) is content created by private individuals.

UGC falls within remit if the website owner adopts and incorporates it within their own marketing communications.

2.3Marketing communications must not falsely claim or imply that the marketer is acting as a consumer or for purposes outside its trade, business, craft or profession; marketing communications must make clear their commercial intent, if that is not obvious from the context.

UGC – adopted by marketer

UGC – adopted by marketer

Ministry of Sound Facebook

UGC – In remit

Special sanctionsExisting:

• Adverse publicity arising from ASA adjudication

• Pre-publication vetting by the CAP Copy Advice team

• Withdrawal of trading privileges, including trade body benefits

• Withdrawal of media space

• Referral to OFT under CPRs

New:

• Enhanced name and shame on home page and dedicated section of ASA site

• Removal of paid ads that link to non-complying content

• ASA paid search campaign highlighting non-complying advertiser

• Newsletters

• Guidance

• Events

• Case studies

www.cap.org.uk

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Q&A