How does the ASA control ads in new media?
The ASA has been dealing with complaints about ads in non-broadcast electronic media since 1995. The ASA applies the Code to:
Ads in paid-for space: If an advertiser has paid a publisher to place an ad then the content of that ad is likely to fall within the scope of the Code. For example most banner ads and pop-ups appear in paid-for space. In addition, some search engine results, as already described above, would fit into this category.
Advertising content in commercial e-mails: If you've received an e-mail from a company advertising its goods or services, it's likely that the content of the e-mail will be covered by the Code. The content of personal e-mails is not covered; if, however, you receive a viral marketing e-mail from a friend but an advertiser originated the e-mail, the content of the e-mail is likely to be in our remit.
Unsolicited commercial e-mail (spam): The Code states that advertisers should send commercial e-mail only to people who have given their explicit consent to receive it. The only exception is that advertisers can still send unsolicited e-mail to existing customers about similar products without their consent - so long as customers are given an opportunity to object to receiving further e-mail.
Consumers can play their part in reducing the amount of Spam they receive. The ASA has produced a factsheet to help consumers stop spam. Click here to view the ASA spam factsheet.
This table explains in more detail those marketing communications that fall within the CAP Code and those that don't:
What's in our remit?
- Ads in paid-for space (banner ads, pop-ups etc)
- Advertising content in commercial e-mails
- Sales promotions wherever they appear online
- Commercial text messages
- Viral marketing e-mails
- Paid-for entries in search engine results
- Ads on electronic kiosks and billboards
- Ads in electronic games
- Use of e-mail addresses for marketing purposes (e.g. spam)
What's outside our remit?
- Most editorial content on websites (other than paid-for ads and sales promotions)
- The content of personal e-mails or text messages
- Items posted on bulletin boards and newsgroups unless placed by a commercial company
What about ads from abroad?
Because much new media is not constrained by national boundaries it can sometimes be difficult to determine the exact source of an advertisement. The ASA applies the 'country of origin' principle - if we can determine that an advertisement originated in the UK or the company that hosts the advertisement is based in the UK, we will seek to resolve a complaint. If the advertisement originated outside the UK we may be able to refer the complaint on to our equivalent body in the relevant country.