Posted: 01st Sep, 2010 By: MarkJ

The UK Advertising Standards Authority (ASA) has extended its digital remit to cover misleading promotions for products on a business's own website, such as for the sites run by most broadband ISPs. Until now this has allowed some internet providers to flout the rules, leaving only Ofcom with any power to effect a change and they generally do not tackle individual cases like the ASA.
The ASA’s present remit online includes ads in paid-for space and sales promotions wherever they appear. But from next year, the rules in the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (
the CAP Code) will apply in full to marketing communications online, including the rules relating to misleading advertising, social responsibility and the protection of children.
As well as extending the rules to have such adverts removed, the ASA will now also be able to place advertisements online highlighting an advertiser's continued non-compliance. That could certainly prove to be rather amusing. Sadly there's still no prospect of repeat offenders facing a fine or advertising restrictions.
ASA Chairman, Lord Chris Smith, said:
"This significant extension of the ASA‟s remit has the protection of children and consumers at its heart. We have received over 4,500 complaints since 2008 about marketing communications on websites that we couldn‟t deal with, but from 1 March anyone who has a concern about a marketing communication online will be able to turn to the ASA."
CAP Chairman, Andrew Brown, said:
"Extending the online remit of the ASA has been a top priority for UK industry over the last couple of years. Our aim has been to extend further in the online world the principles that are already well established in our system, namely those of effective consumer protection and fair competition."
The ASA's new remit will come into force on 1st March 2011, after a 6 month period of grace to allow the ASA and CAP to conduct training work to raise awareness and educate business on the requirements of the CAP Code.
It is no coincidence that the ASA is currently also taking a comprehensive look at the use and abuse of misleading broadband speed and "
unlimited" claims (
full details). Combining the outcome from that, assuming it's a useful result, with today's new rules could prove to be much more helpful when trying to keep ISPs honest.