CAP Services

Digital remit advice

On 1 March, the ASA’s online remit was extended to cover marketing communications on organisations’ own websites and in other non-paid-for space under their control. The UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the CAP Code) now applies in full to marketing messages online, including the rules relating to misleading advertising, social responsibility and the protection of children. 

This significant development is good news for both consumer and business protection as it will ensure the same high standards as in other media. It will cover:

• UK advertisers’ own marketing messages on their own websites, regardless of sector, type of businesses or size of organisation
• Marketing communications in other non-paid-for space under the advertiser’s control, such as social networking sites like Facebook and Twitter.

You can find out more about how the remit is intended to be operated by reading our document Extending the Digital Remit of the CAP Code (PDF).

CAP Services  is continuing to help website owners and agencies to get to grips with the new remit.  If you have not signed up for CAP Services, sign up here to receive further information.

Get your website audited by Copy Advice

New Website Audit service is a new addition to CAP Services carried out by the experts in the Copy Advice team. The audit will give you an an expert health-check on whether or not the marketing messages on your website comply with the rules.

If you have any questions or queries feel free to speak to one of our advisers. In the meantime, please see below some frequently asked questions:

FAQs

What is a marketing communication under the new remit?

What it is: is a type of communication for a good, service, opportunity or gift that primarily sets out to sell something. Of course, marketing communications may set out to sell in a myriad of different ways and may not necessarily include a price or seek an immediate financial transaction. 

What it isn’t: is another type of communication explicitly excluded by the CAP Code, for example: classified private advertisements, press releases and other public relations material, editorial content, political advertisements, corporate reports, investor relations etc.

Does the CAP Code apply in full to the new remit?

Yes and, as always, conformity with the CAP Code is assessed according to the marketing communication’s probable impact when taken as a whole and in context.

Does the new remit cover marketing communications on .co.uk sites only?

No. Marketing communications on ".uk" websites will be covered by the new remit.  So will marketing communications on websites for companies that are registered in the UK (companies registered with Companies House), regardless of the top-level domain. 

The new remit covers marketing communications in other non-paid for space online under the marketer’s control (e.g. Facebook), as well as the marketer’s own website.

If the ASA receives complaints about online marketing communications that are subject to regulation by one of our international EASA partners, we will refer it to the relevant authority. If we receive complaints about marketing communications on websites that do not use a ".uk" address or give a registered address in the UK but seem to target UK consumers, and are not subject to regulation by one of our international partners, the ASA will take what action it can.  

Does this mean the ASA will regulate everything online?

No, only advertisements and other marketing communications.

Does the new remit cover user generated content?

User generated content (UGC) is content provided by private individuals. It falls within our remit only if it is adopted and incorporated within an organisation’s own marketing communications on its own website or in other non-paid for space online under the organisation’s control. 

Assessing whether UGC amounts to a marketing communication falling within the new remit must be considered on a case-by-case basis, taking particular account of the context in which it is placed. For example, the ASA is likely to take a very different view of a consumer’s positive comment that has been posted, by the website owner, in a prominent way on the front page of its website, than if that same comment appeared within the context of a consumer message board moderated for harmful and offensive language or images only.

Is it an onerous task to comply with the CAP Code?

The CAP Code includes rules that help to ensure marketing communications remain legal, decent, honest and truthful. It’s not there to catch you out or to unnecessarily curb what you want to say and how you want to say it. 

It simply sets out standards that society has deemed necessary, through a process of consultation, to protect consumers and businesses alike. To that end, it promotes and preserves organisations’ right to advertise responsibly – and those that do shouldn’t find it burdensome to comply with.

What can I do to ensure my online marketing communications comply?

Website owners and agencies are urged to sign up to CAP Services to hear about the available guidance and training to help them to comply.

If you have any questions or queries feel free to speak to one of our advisers.

How does the ASA force companies to comply with the new online remit?

In addition to the ASA’s present sanctions, which already achieve a high level of compliance, CAP member bodies have agreed new sanctions to apply to the extended remit such as:

• An enhanced name and shame policy - providing details of an advertiser and the non-compliant marketing communication on a special part of the ASA website. 
• Removal of paid-for search advertising – ads that link to the page hosting the non-compliant marketing communication may be removed with the agreement of the search engines. 
• ASA paid-for search advertisements - the ASA could place advertisements online highlighting an advertiser’s continued non-compliance.

The primary concern of the regulatory system is not to punish advertisers, but to ensure that all advertising is legal, decent, honest and truthful. This means that we will offer a range of training and advice services to help advertisers to comply with the rules.

Sign up for CAP Services!