ASA NOW Polices All Online and Mobile Marketing

11 October 2011
Perhaps you’re one of those professionals trying to keep up with what’s happening in digital marketing, read on. Advertisements and promotions can be very expensive to correct. Getting it right first time is better.

It used to be that once in a while that a client would contact us our of the blue with a “What’s going on in…” kind of question. Now, we get those questions much more frequently.

And we also know that many of you are probably wondering about the same topic, you just haven’t got round to asking us.

For our first issue we have to review a matter that affects almost every commercial organisation using digital communication within its marketing strategies. We’re talking advertising and promotions on websites , including your own.

  • mobile phone advertising and promotional activities
  • advertising on third party space over which they have some control as with Facebook Twitter and others
  • similarly business networking site such as Linked In
  • emails, and this is not an exhaustive list.

  • On Tuesday March 1st, the Advertising Standards Authority (ASA) was given the task of policing all online and mobile marketing. NOW all marketing communications must adhere to the ASA’s Code of Advertising Practice (CAP).

    Organisations familiar with traditional media – TV, radio, press, magazine, posters, cinema and direct mail – should be aware of the ASA. Their role in judging what’s acceptable according the principles of what’s ‘legal, decent, honest and truthful’ has been in place for decades

    Anyone can complain to the ASA citing an advertisement or promotion that infringes the CAP Code. There’s no charge for doing so.

    Complaints will be investigated where there may be a breach. This may involve taking advice from experts as well as the advertiser. Then the ASA will make a judgement and the results are publicised.

    For many organisations the fear of the bad PR that follows a breach is more than enough of a penalty. But the ASA can do more it can:

    1. forbid an advertiser to use an offending advertisement unless it is changed.
    2. warn third party media not to use an offending advertisement.
    3. apply through the OFT for a court order to stop further use

    For the moment ‘first time’ offenders are likely to be dealt with leniently. Not so with established advertisers or their digital agencies.

    Advertisements and promotions can be very expensive to correct. Getting it right first time is better.

     

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