From March 1st, the ASA's online remit will extend to cover all marketing communications on company's proprietary websites and all other non-paid-for space where they control the content. This includes social networking sites like Facebook and Twitter. So, basically it's a pretty big deal.

All marketing messages online will now be subject to the rules governed by the CAP (Committee of Advertising Practice) Code which applies to non-broadcast advertising, sales promotion and direct marketing. 

This is being heralded as good news for consumers as it will bring the online world into line the standards set for other media. However, surely this is only of benefit if the online world of marketing communications, which is vast by any standards, can be effectively policed and appropriate codes enforced. Ultimately this will depend on:

1. Vigilance and proactive reporting by consumers - normally not an issue!
2. A suitable channel being available to make such complaints
3. The ASA having appropriate powers to ensure compliance

Happily the CAP member bodies HAVE been given new sanctions for their online remit:

• Naming and shaming on a rogues gallery under the ASA website
• Removal of paid-for search advertising to non-compliant marketing with the agreement of search engines
• ASA active advertising offenders with paid-for advertisements online highlighting continued non-compliance

Implications for Businesses
Clearly more care will have to be taken over the content of a casual tweet or posting on a Facebook Page. Theoretically anything could be held up to CAP scrutiny.

An obvious measure is to ensure compliance in the first place. The ASA and IPM will provide various training, advice and consulting services to ensure marketers keep the right side of the code.

For what it's worth, we see a fair number of live promotions on our sister blog PromoWatch, the vast majority of which are mechanised online. A few of these have attracted considerable consumer complaint through perceived unfair practice and perhaps this development will help bring these offending brands to account. Several fail on even the basics. Here's a quick checklist:

1. Easily accessible terms and conditions available throughout the promotional period (8.17)
2. Clear details of what's on offer and how to participate (8.17.1)
3. Promoters MUST NOT encourage the consumer to make a purchase or a series of purchases as a pre-condition to applying for promotional items if there are limited number of those items available (8.11)
4. A no-purchase necessary route where applicable for Free to Enter promotions in Northern Ireland region (8.17.2)
5. Dates for starting, closing, claiming and redeeming (8.17.3 - 4)
6. Prominent display of restrictions on the basis of age, location, technology etc (8.17.7)
7. No packing, packaging, handling or administration charges can be made if a gift with purchase is described as FREE (3.24)
8. The Promoter's name and correspondence address must clearly be stated on the terms and conditions (8.17.9)