What the ASA remit means to

social media

Malcolm Phillips, Code Policy Manager, CAP

30 March 2011

Social Media World Forum

The CAP Code

• Not just a Code for content and

placement, but also addresses:

• administration of prize promotions

• database practice

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.

2.3

Marketing 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 sanctions

Existing:

• 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

Sign-up to CAP Services

CopyAdvice - web resources

www.copyadvice.org.uk• Dedicated hub for rules & advice

• Sign up to access guidance, case studies,

checklists:

AdviceOnline – searchable database of

advice with 400+ entries that are updated

following landmark ASA decisions

Help Notes - comprehensive guide to

sectors or issues

• Submit copy advice queries on ads

• Newsletters - subscribe to receive ‘need to

know’ updates

• Training – check calendar of events and book

places at seminars

Q&A