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Regulation of Online Advertising: a Briefing

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Regulation of Online Advertising: a Briefing Regulation of Online Advertising: A briefing Myth 2 Children can be targeted with ads for age-restricted products online ..................................................... Truth 2 Ad targeting restrictions for products and services like alcohol, foods high in fat, Myth 1 salt or sugar and gambling Online is a ‘wild west’ for apply equally online, advertising, where the level as well as off of protections in place for other media don’t apply ....................................................... Myth 3 Truth 1 Policing online ads is reliant The UK Advertising Codes on complaints from adults, who apply equally to advertising can’t be expected to keep tabs on online, including to companies’ all the ads their children are seeing own claims on their own ....................................................... websites, social media Truth 3 spaces and advergames The ASA system proactively monitors advertising and undertakes compliance sweeps to make sure ads are responsible The Advertising Standards Authority (ASA) is the independent regulator of ads across all media, including online. The Committees of Advertising Practice (CAP) are the bodies that write the advertising rules, keeping them under review to make sure they protect consumers and keep pace with evolving advertising techniques. Our purpose is to make ads responsible and our ambition is to make every UK ad a responsible ad. The protections against misleading, harmful and offensive advertising are enforced online just as rigorously as in traditional media such as TV. This briefing sets out the standards in place and how they’re enforced. Legal, decent, honest and truthful The ASA’s role in making online ads responsible The ASA has regulated paid-for 88% of the 7,099 ads amended online ads since the emergence or withdrawn by the ASA during of the internet. In 2011, the ASA’s 2017 were online ads (in whole online remit was extended to or part). The vast majority of include companies’ and other advertisers subject to an upheld organisations’ own advertising complaint come into compliance claims on their own websites with the strict advertising rules. and social media spaces. We For the small minority of non- call this online ‘advertiser-owned’ compliant online advertisers, the advertising. That important ASA has a range of sanctions: subsection of online media has come to account for half of our • Listing on our Non-Compliant regulation. 89% of those ads Online Advertiser register concerned potentially misleading • PPC ad campaigns suspended claims, compared to 73% of cases • ASA PPC campaign to further resolved by the ASA in general. promote non-compliance • Referral to Trading Standards for legal action The ASA is in the forefront worldwide of the challenge to regulate newer forms of online advertising like influencer, native and affiliate advertising, as well as how ads are targeted online and on social media platforms like Facebook, YouTube, Instagram, Snapchat and Twitter. Ads for age-restricted products online – including on social media – need to follow the same strict content rules as those in traditional media such as TV. They must be prepared in a way that is socially responsible and which doesn’t appeal inappropriately to children or other vulnerable people. Crucially, ads for age-restricted products mustn’t be directed at children. Two topical examples are ads for foods which are high in fat, sugar or salt (HFSS) and gambling: Restrictions for HFSS food ads are as strong online as on TV In 2017, we banned HFSS food companies. Since we introduced ads in children’s online media, the ban, only a handful of cases mirroring the strict standards of non-compliance have come already in place for TV. While the to our attention. In June 2018 evidence shows that parental we banned ads (pictured) from and peer influence, schools Mondelez UK (Cadbury)*, Cloetta Advertisers are banned from policy and sedentary lifestyles UK Ltd* and Swizzels Matlow Ltd* targeting children with HFSS ads are the main factors driving for failing to take sufficient care across all non-broadcast media, obesity, advertising also has a to avoid targeting children online. including on children’s websites, modest effect on children’s food Even where HFSS ads are seen apps, ‘advergames’ and social preferences, so it’s right that by children, they’re governed media platforms including we put in place rules to restrict by strict content rules to Facebook, YouTube, Instagram, the influence of HFSS product protect people of all ages from Snapchat and Twitter. ads on children. The ban also irresponsible portrayals: ads recognises that children now aren’t allowed to encourage spend more time online than pester power, poor diets or watching TV. unhealthy eating habits; they can’t include misleading health We monitor periodically and or nutrition claims and they can’t proactively whether companies encourage over-eating, disparage are complying with the ban, as healthy living or encourage an well as investigating complaints inactive lifestyle. Again, those from the public, campaigning rules are enforced just as strictly organisations and competitor online as they are on TV. Enforcing a strict burden on advertisers in targeting age-restricted ads online In assessing whether companies We know that self-reported dates have done enough to target of birth can’t always be relied on. age-restricted ads away from New, tougher standards require children online, we place a that advertisers show they’ve strict burden of proof on the used social media targeting tools advertiser. That principle has to direct ads away from users long and successfully applied who are likely to be younger to the targeting of ads for than they claim. For example alcohol, gambling and other advertisers might choose to age-restricted products; it now actively exclude web users whose applies to HFSS ads too. browsing history shows they are interested in clothing brands of particular appeal to children. Gambling ads that target or appeal to children online are banned The strict rules on the content for example cartoon imagery. In amended hundreds of ads. The of gambling ads apply and are 2017, working with the Gambling recent ruling on Coral’s* use of enforced just as rigorously online Commission, the ASA and CAP cartoon imagery (June 2018) is an as on TV. Ads can’t portray sent a ‘cease and desist’ order example of an ad banned for falling gambling in a way that’s socially to all operators with a remote short of the strict standards. irresponsible or could lead to operating licence in the UK. financial, social or emotional The order made it clear that Irresponsible appeals to vulnerable harm. They can’t exploit children no gambling ads with specific people are also banned, including or other vulnerable people, appeal to children should appear through intermediaries. In 2017, including through advertising anywhere where adequate the ASA published five rulings content which appeals particularly checks to verify a user as over 18 against betting and gaming to young people or which reflects (or 16 for lotteries) have not been companies*. In each case, the youth culture. Amongst other undertaken. As a result, operators gambling operator was held restrictions, ads can’t suggest accountable for an ad by an gambling provides an ‘escape’, affiliate marketer, the content of can solve financial worries, or which suggested gambling could can enhance personal qualities. provide an escape from personal and financial problems such as Working proactively, the ASA has depression. The message was taken sector-wide enforcement clear: advertisers can’t hide action against gambling operators behind affiliates. If the affiliated who have advertised games company breaks the rules the in unrestricted parts of their gambling operator will be held websites, using content of accountable, even if they haven’t particular appeal to under-18s, approved the ad. We’re at the forefront of regulating new and evolving online advertising techniques Advertisers need to be open independent opinion. The and upfront with people about ASA has been working closely when they’re being advertised with brands, influencers and to. Brand partnerships with agencies to make sure ads are influencers are on the rise, clearly labelled. There’s room particularly on social networks for compliance to improve, like Instagram, YouTube, demonstrated by rulings like the Finally, the ASA is currently Snapchat and Twitter. Brands’ one in the case of Geordie Shore undertaking a new project to engagement of influencers can star Marnie Simpson*. explore deceptive ad content be within the rules, so long as online, such as sensational news- they’re upfront with followers We’re also conducting research like or clickbait headlines that link that content which is paid for into consumers’ recognition of to websites which sell unrelated and controlled by the brand is online labelling to make sure our products. We’ll publish our an ad rather than the influencer’s standards are in the right place. research findings later this year. * www.asa.org.uk/resource/regulation-of-online-advertising-a-briefing.html .
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