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Online campaigning claims won’t be caught by extension of ASA remit

Fundraising | Celina Ribeiro | 22 Feb 2011

Fundraising messages on charities’ websites and social networking pages will soon fall under the Advertising Standards Authority expanded remit online, but campaigning messages will be free from such regulation, the ASA’s lawyer has advised.

As of 1 March, the ASA will take over an expanded remit which sees it regulate marketing messages on websites and social networks under the extension of the Committee of Advertising Practice (CAP) code.

While campaigning and fundraising messages are equally subject to the code in the offline world, this will not be the case online. Rupert Earle, a partner at Bates Wells & Braithwaite who acts on behalf of the ASA, told Civil Society that the new code will not apply across the board to charities’ online communications.

“It’s not being extended to website content for not-for-profits unless it’s soliciting donations,” he said.  

“If a charity is just campaigning without fundraising and making claims that are misleading or offensive, it has to balance up whether that’s going to boost its image or not.”

Earle said that charities will have to “be more careful in what they’re saying, particularly in the fundraising arena” under the new code.

“It’s probably a good idea to keep the fundraising part of [websites and online communications] slightly separate from the more campaigning and lobbying side of [charities] activities.”

Earle said that while charities will have to be cautious in this new regulatory environment, he does not expect many reputable organisations will be caught out by the extended remit.

“The ASA will have regard to the fact that people tend to approach the internet in a slightly different way to that with which they approach advertising in more mainstream media, such as the national press. If there is offensive advertising it’s easier on the web to give people a warning before they enter the site,” he said.  

“People are more tolerant of the online world and the ASA has that very much in mind. Context is all.”

The ASA has also come to an agreement with internet service providers which will give its adjudications more teeth. Earle told Civil Society that the regulator’s agreement with the ISPs could see ISPs block or restrict access to sites which contain what is judged to be misleading or offensive material. 

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Directory: Bates Wells & Braithwaite