The Advertising Standards Authority (ASA) polices advertising in the UK and enforces the Codes of Advertising Practice (CAP Codes). The ASA has historically covered both broadcast and non-broadcast advertising and earlier this year the scope of its remit was significantly extended in relation to internet advertising.

Prior to 1st March 2011 the CAP Codes generally applied to paid for on-line adverts and sales promotions. However as of 1st March 2011 the CAP Codes have applied fully to internet advertising in the UK. The ASA’s new remits extends to being able to examine:

• Advertising material on your own website;

• Advertising and marketing communications in “non paid for space” under the advertiser’s control – the examples given by the ASA in particular are ads on social networks such as Facebook and Twitter; and

• Marketing communications/adverts on all UK websites

In terms of enforcement, the ASA’s usual powers are available – i.e. naming and shaming those it adjudicates against on the ASA’s website. The ASA does also however have further powers in relation to online material and in some circumstances it can:

• Adopt an “enhanced name and shame policy”. A special section of the ASA’s own website is to be devoted to highlighting details of non-compliant marketing communications;

• Use its powers to remove paid for search advertising with the agreement of search engine providers; and

• Publish its own paid for advertisement to flag up non-compliant marketing materials – hardly the best advert for your business!

In order to ensure businesses are complying with the CAP Codes a service is on offer through the Committee of Advertising Practice (a sister body to the ASA) whereby a website audit can be undertaken by CAP to make sure that your website complies with the rules.

For more information please contact Michael Williams on 01792 529685 or email michael.williams@jcpsolicitors.co.uk