Time to make clients fully aware of the Cap Code

December 9, 2011

Back in March 2011 we reported on a significant day in the history of digital and social media marketing and advertising. When the ASA’s (Advertising Standards Authority) remit was extended to cover all brand owned websites, their social media pages as well as video and mobile campaigns.

The changes to the Cap Code meant the ASA had the power to regulate all online and mobile marketing communications and ensure compliance with the Code of Advertising, Sales Promotion and Direct Marketing (The CAP Code). This covers all businesses, regardless of size, and extends to other non-paid-for space online under your business’ control (e.g. messages you post on social networking platforms such as Twitter and Facebook).

This Code also extended to cover not just what the brands themselves posted but also rules on how brands should not retweet messages or Like comments on Facebook that a user has written which are incorrect as they will still be liable based on them endorsing the content.

The intention was to make all online communications more transparent and ensure people reading online content are receiving honest and truthful messages. However, since the laws have been implemented brands have still unintentionally broken the law within social media, and the IAB has had to launch guidelines to help brands comply with consumer protection law around the payment for content to promote products within a social media environment.

Recently Saville Home Management was found to have Tweeted misleading and unsubstantiated claims on the Twitter feed of cmRENT estate agents that “cmRENT have 93 Rental properties available” and “cmRENT have 105 Rental properties available”. They were reprimanded by ASA and the offending tweets were removed.

It is clear that brands need to be more mindful of the laws that have been put in place and agencies need to be offering their clients greater guidance as to what is and isn’t allowed as part of the Cap Code.  At agency:2, as one of the Founders of the DMA, we have constantly adhered to strict ethical guidelines. We are proud of always working ethically and legally for the good of our clients – brands must be increasingly aware that whatever they post on social platforms must be transparent and clear.

Comments

Comments are closed.