New online advertising rules - are you compliant?

Updated June 2011

As of 1 March 2011, the Advertising Standard Agency's (ASA) digital remit has been extended to include all online marketing communications on a company's own website and on non-paid for marketing space they control.

Businesses will need to ensure their online marketing communications are compliant with the UK Code of Non-broadcast Advertising to avoid facing enforcement action.

What marketing communications are included?

The ASA previously only had authority to regulate online adverts in emails, text messages and paid for space such as banner and pop up adverts or keyword adverts on search engines.
However, as of 1 March 2011, the Code has been extended to cover non-paid for advertising. Including:

•  company websites (not limited to .co.uk addresses)
• blogs and social networking sites such as Facebook or Twitter
• 'advergames' (games used to promote a product or organisation); and
• online user-generated content (created by individuals which is adopted and incorporated into a company's promotional materials).

What do I need to do?

In general terms, advertisements and other marketing communications need to be decent, honest and not misleading. Specific rules may also apply depending upon the target audience, and type of product or service.

What happens if I don't comply?

The ASA can impose a number of sanctions to ensure compliance which often results in wasted marketing costs and adverse publicity. For example, the ASA can:

• ask you to change or withdraw your advert;
• remove adverts which link to non-compliant marketing;
• name and shame offenders on its website; and
• place adverts on search engines highlighting a company's non-compliance.
• Persistent offenders can be referred to the Office of Fair Trading which can bring court proceedings

How can TLT help?

TLT regularly advises its clients on compliance with the UK Advertising Codes and now offers a specialised website auditing service to ensure that your website and online content complies with the rules.

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