Does your website comply with ASA regulations?

This was interesting, from Business Link. Now I'll have to double check everything!

As of 1 March the Advertising Standards Authority's (ASA) online remit extended to cover marketing communications on business websites.

This means the UK Committee of Advertising Practice (CAP) Code* will apply in full to marketing messages online, including the rules relating to misleading advertising, social responsibility and the protection of children.

This significant development in advertising regulation will ensure the same high standards in websites as in other media.

The Authority has launched a campaign calling on businesses to ensure marketing messages on their websites are legal, decent, honest and truthful. Shortly, in mid-March, the ASA will be launching a consumer campaign which will raise general public awareness of the regulations.

This is the material that will be affected:

Advertisers’ marketing messages on their own websites, regardless of sector, type of business or size of organisation.
Any marketing communication for a good, service, opportunity or gift that primarily sets out to sell something.
Marketing communications in other non-paid-for space under the advertiser’s control, such as social networking sites like Facebook and Twitter.

The following types of content will not be affected by the CAP code:

classified private advertisements
press releases and other public relations material
editorial content
corporate reports
investor relations material

Will you have to make changes?
Most right-acting companies will not need to make changes. Only advertising that is misleading, harmful, offensive, invading or infringing personal privacy or unduly pressurising to children will be in contravention. Find out more about the rules of the Advertising Code for non-broadcast media.

Does this new remit cover marketing communications on .co.uk sites only?
No. It could also cover marketing communications on a .com website, for example. The new remit covers the marketing communications of organisations, operating from the UK, on their own websites and in other non-paid for space online under their control e.g. Facebook.

Does this mean the ASA will regulate everything online?
No, only advertisements and other marketing communications.

Does the new remit cover user generated content?
User generated content (UGC) is content provided by private individuals. It falls within the new remit only if it is adopted and incorporated within an organisation’s own marketing communications on its own website or in other non-paid for space online under the organisation’s control.

What can I do to ensure my online marketing communications comply?
Website owners and agencies are urged to sign up to CAP Services to hear about the available guidance and training which helps them comply with the new rules.

Free support on single issues
The CAP’s Copy Advice team provides general and ad hoc, fast, free and confidential advice to advertisers, agencies and media owners. Find out how advertisers seeking advice on individual marketing messages on their website may use CAP’s free Copy Advice service.

CAP Services provide training and advice to help website owners and agencies get to grips with the new rules. If you have not signed up for CAP Services, sign up on the CAP website to receive further information for free.

Paid for audits
Full Copy Advice Website Audits are provided as a CAP premium service at a cost of £800 +VAT. You can view a standard Copy Advice Website Audit on the Copy Advice website and register your interest.

What will happen if my website does not comply?
The ASA’s present sanctions apply to the extended remit:

An enhanced name and shame policy - providing details of an advertiser and the non-compliant marketing communication on a special part of the ASA website.
Removal of paid-for search advertising – ads that link to the page hosting the non-compliant marketing communication may be removed with the agreement of the search engines.
ASA paid-for search advertisements - the ASA could place advertisements online highlighting an advertiser’s continued non-compliance.

* CAP: 12th edition of The UK Code of Non-Broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code)

Source: CAP press release: ASA launches B2B ad campaign 17 January 2011