The document discusses the Advertising Standards Authority's (ASA) extended remit to regulate social media marketing communications. It notes that the ASA Code now covers administration of promotions and database practices, as well as marketing on companies' own websites and other online spaces they control. It aims to ensure all marketing is legal, honest and truthful online. The document also discusses how user-generated content could fall under the ASA's remit if adopted by a marketer in their communications. It outlines special sanctions the ASA could take against non-complying advertisers, including enhanced naming and shaming and paid search campaigns. Finally, it promotes CAP services that provide guidance and advice to help advertisers comply with regulations.

1. What the ASA remit means to
social media
Malcolm Phillips, Code Policy Manager, CAP
30 March 2011
Social Media World Forum

2. The CAP Code
• Not just a Code for content and
placement, but also addresses:
• administration of prize promotions
• database practice

3. Extended Digital Online Remit
Advertisements and other marketing communications by or from
companies, organisations or sole traders on their own websites, or in
other non-paid-for space online under their control, that are directly
connected with the supply or transfer of goods, services,
opportunities and gifts, or which consist of direct solicitations of
donations as part of their own fund-raising activities.

4. Why extend the digital remit of the
CAP Code?
• All marketing communications should be legal, decent, honest and
truthful wherever they appear
• Large advertiser call for action (WFA, ISBA) - strengthens principles
of fair competition
• Consumer imperative: c. 3,500 complaints (08-09) – need to build
consumer trust in online marketing
• Political imperative: focussing on protection of children
• Now we have the right tools: remit, sanctions, funding

5. “… or in other non-paid-for space online
under their control”

6. Facebook, UGC
and CRM

7. Facebook,
CRM and
marketing

8. Facebook, CRM
and marketing ii

9. User-generated content (UGC)
User-generated content (UGC) is content created by private
individuals.
UGC falls within remit if the website owner adopts and incorporates
it within their own marketing communications.
2.3
Marketing communications must not falsely claim or imply that the
marketer is acting as a consumer or for purposes outside its trade,
business, craft or profession; marketing communications must
make clear their commercial intent, if that is not obvious from the
context.

10. UGC – adopted by marketer

11. UGC – adopted by marketer

12. Ministry of Sound Facebook

13. UGC – In remit

15. Special sanctions
Existing: New:
• Adverse publicity arising • Enhanced name and shame
from ASA adjudication on home page and dedicated
section of ASA site
• Pre-publication vetting by the
CAP Copy Advice team • Removal of paid ads that link
to non-complying content
• Withdrawal of trading
privileges, including trade • ASA paid search campaign
body benefits highlighting non-complying
advertiser
• Withdrawal of media space
• Referral to OFT under CPRs

16. Sign-up to CAP Services
• Newsletters
• Guidance
• Events
• Case studies
www.cap.org.uk

17. CopyAdvice - web resources
• Dedicated hub for rules & advice www.copyadvice.org.uk
• Sign up to access guidance, case studies,
checklists:
AdviceOnline – searchable database of
advice with 400+ entries that are updated
following landmark ASA decisions
Help Notes - comprehensive guide to
sectors or issues
• Submit copy advice queries on ads
• Newsletters - subscribe to receive ‘need to
know’ updates
• Training – check calendar of events and book
places at seminars

18. Q&A