Context
The ASA has published an article, in which it explains its remit on cross-border ads – what’s in, what’s out, and where those cross-border complaints go. When the onset of the internet meant that ads could be sent from anywhere, the ASA’s remit naturally became slightly more complicated than it had been previously.
Key points to note and next actions
The ASA’s CAP Code does not apply to ads on websites, apps and cross-border platforms unless they meet at least one of the following:
- Non-paid-for marketing communications from or by marketers with a UK registered company address.
- Marketing communications appearing on websites with a “.uk” top-level domain.
- Paid-for marketing communications from or by marketers targeting people in the UK.
So, marketer’s own websites, social media pages and app content for marketers based in the UK will fall within the scope of the CAP Code. The reference to ‘.uk’ top-level domain applies to all marketers, regardless of where they’re based. If your website ends with ‘.co.uk’ (or ‘.org.uk’ etc), the CAP Code will apply.
The ad goes on to explain:
- how would an ad ‘target UK consumers’;
- which ads are outside of the ASA’s remit;
- what happens with complaints about those ads;
- what about direct marketing, like e-mails; and
- where can you read and find out more.