Thursday 20 February 2014

Social Media Advertising (UK) Law




Advertising practice in the UK.

An official publication on the 6th of June 2013 reminded businesses that the Code of Advertising Practice covers all social media, not just TV commercials.

The committee of advertising practice reported that in 2012 they dealt with 8,368 cases in social media alone, more than another media. This is expected to grow as the public are becoming evermore aware that false or misleading advertising online is governed by the same laws as more 'traditional' media.

It is also suggested that sponsorship and adverting messages be clearly defined. For example on Twitter use hash tags such as #spon or #ad.

In March 2011 the laws governing advertising were extended to apply to a companies’ own websites and any other third party space they control, such as social networks and email. This includes such things as testimonials, user generated content and posts by third parties.

This means that if you are accepting or inviting testimonials and comments. You are expected to monitor and moderate these to ensure that they themselves do not breach the advertising rules. This is because these responses then become part of your advertising.

Complex and bewildering?

Thats why we have companies that specialise in advertising. Your video production company, nor your photographers, designers or other media producers, are not concerned about this aspect, it is not their job, it is yours. It is not them who will be fined and it will not be their reputation that is damaged.

As every company is recommended to have a lawyer, an accountant and other professional support to keep them on the right side of the law. Every company should have their own advertising agency. Ultimately it is your responsibility to be sure that you and your staff know what you can and cannot say. Professional consultancy fee's are not desperately expensive. They are in fact quite cheap when compared to what it may cost if you are caught using false, misleading or illegal advertising.

At this point we usually come to the question, "Who's going to notice?" Beaware that it takes only one complaint to launch an investigation. A complaint can come form a member of the public, a disgruntled customer or a business rival. Adverts have been removed for just one complaint out of millions of views, if the CAP hold that the complaint is justified.

With modern technology anyone can make an advert. With the proliferation of media production companies they could even be a very good advert. But if it does not comply with the code of advertising practice and various other laws, acts and regulations, it is ultimately a futile and costly exercise.

Gavin Bryan-Tansley Owner Vid-FX+

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