Website owners are being urged to review their online content to
make sure it complies with proposed changes to the rules that
govern all non-broadcast advertising in the UK.
The warning from regulatory experts at Browne Jacobson follows
calls by the Advertising Association to extend the Advertising
Standards Authority's (ASA) remit to cover marketing messages that
appear on company websites and "non-paid for space" on the
internet.
The Advertising Association is calling for the extension of the
CAP Code which regulates all non-broadcast advertising in the UK so
that the ASA can clamp down on an area that generated more than
2500 complaints in 2009.
If the recommendation is adopted, the changes could come into
effect from September 2010.
Fiona Carter, Corporate Regulation Partner at Browne Jacobson,
said: "With advertising in digital media becoming increasingly
dominant in the marketplace, this was an obvious decision to
make.
"However it does mean that website owners will now need to
review their own websites' content to ensure that they can prove
that they comply with the CAP codes.
"If the ASA upholds complaints of breaches of the CAP Codes, it
has the power to recommend that marketing claims or adverts must
not be repeated again without amendment.
"This can result in the loss of considerable investment in
marketing campaigns. Persistent infringement may result in a
referral to the OFT, which could lead to an injunction, prosecution
and a fine."
Key provisions from the Code include:
◦ Before publishing a marketing
communication, marketers must hold evidence to substantiate the
claims, whether direct or implied, that they are making;
◦ Marketing communications
should contain nothing that is likely to cause serious or
widespread offence. Particular care should be taken to avoid
causing offence on the grounds of race, religion, sex, sexual
orientation or disability;
◦ Marketers are urged to obtain
written permission before referring to or portraying members of the
public, referring to people with a public profile, or implying any
personal approval of the advertised product;
◦ Any stated price should be
clear and should relate to the product advertised. Marketers should
ensure that prices match the products illustrated;
◦ Claims comparing your products
to your competitor's products are only acceptable if they
objectively compare products which meet the same needs, and must
not be likely to mislead. High profile complaints to the ASA about
comparative advertisements have been recently made about the likes
of Virgin Media and BT, and Asda and Tesco. With these proposed
changes, competitors may start looking at each other's websites in
the hope that they can make a complaint.
◦ Special care should be taken
when products intended for adults may fall into the hands of
children.