Malcolm Phillips presentation on Rules of engagement at Social Media in a Corporate Context conference, London 2011

1. Rules of engagement: implications of the ASA’s extended digital remit for PR & corporate communications Communicate: Social Media in a Corporate Context Thursday 2 June Malcolm Phillips CAP Code Policy Manager malcolmp@cap.org.uk

3. monitors compliance with the ad rules

5. provides pre-publication compliance advice, training and guidance

7. administration of prize promotions

9. Why extend the digital remit of the CAP Code? All marketing communications should be legal, decent, honest and truthful wherever they appear Call for action from large advertisers (WFA, ISBA) Consumer imperative: c. 3,500 complaints (08-09) Political imperative: focussing on protection of children Now we have the right tools: remit, sanctions, funding

10. Sectoral rules Alcohol Gambling (including lotteries) Food Weight Control & Slimming Medicines, medical devices, health-related products and beauty products Financial products Motoring Employment, homework schemes and business opportunities Tobacco, rolling papers and filters

11. Challenge for the ASA To regulate only content which can be properly accepted as constituting an advertisement or other marketing communication (i.e. content within the new remit) To ensure other types of content remain outside the jurisdiction of the ASA (i.e. content which the CAP Code explicitly excludes from remit or which is implicitly excluded by virtue of not falling within the new remit)

12. 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.

14. to bear out a primary intent of marketing communications: to sell something

17. What we talk about when we talk about PR material Primary responsibility for compliance with the CAP Code rests with the marketer / brand An online marketing communication may have been produced by a digital advertising agency, a CRM agency or PR agency, but the ASA will look to the brand The CAP Code defines a consumer as “anyone who is likely to see a given marketing communication, whether in the course of business or not” Key questions for the ASA: what is the purpose of this communication? To whom is it addressed? Is it trying to sell something? There is a need to move from a debate about ownership to a debate about purpose The ASA and CAP have worked with the CIPR and PRCA to ensure clear mutual understanding about the limits and reach of digital remit extension

18. Re-tweets – In remit

20. 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.

21. Social media news releases Written with the press in mind May have features designed to optimize the SMNR for better search results, sharing and comments in social bookmarking, microblogging and social networking communities The more it is aimed at consumers, the less likely the ASA is to regard it as straightforward PR material. The ASA will assess the content and what might be inferred about the marketer’s targeting. Is it a viral ad, or a press release?

22. Resolving complaints As part of the Process Review, the ASA has undertaken to “target a meaningful and measurable increase in the proportion of cases that can legitimately be resolved informally to effect quicker resolution of issues for the benefit of all parties”

23. Background Vast majority of marketing communications comply with the Codes Primary SR objective: to maintain and improve standards and not simply to punish (prevention preferable to cure) Objective underpinned by an effective range of industry-backed sanctions Emphasis on persuading marketers to comply with the Codes; escalation of pressure although the threat is often enough

24. CAP Services In 2009, advice and training was provided on more than 47,000 occasions.

25. Thank you malcolmp@cap.org.uk