Committees Of Advertising Practice Publish Advice Note On Cross-border Media And The ASA's Jurisdiction

• Published date: 04 June 2021
• Subject Matter: Media, Telecoms, IT, Entertainment, Advertising, Marketing & Branding, Social Media
• Law Firm: Wiggin
• Author: Ms Sarah MacDonald

After consultation CAP updated the wording in the Scope of the CAP Code in relation to jurisdictional matters, with the changes taking effect from February 2021. CAP has now published a bitesize guide on what's in and what's out to help explain what the Code applies to.

What's in?

The Code does not apply to ads on websites, apps and cross-border platforms unless they meet at least one of the following criteria:

• 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; and/or
• paid-for marketing communications from or by marketers targeting people in the UK.

Accordingly, marketers' own websites, social media pages and app content 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 are based. If a website ends with .co.uk, the CAP Code will apply.

In terms of "targeting", CAP explains that paid-for ads will fall within the remit of the Code if they target UK consumers. The list of criteria that might indicate targeting is not exhaustive, but some things that might be taken into account include:

• where it has appeared: if an ad has appeared on a website based in the UK then it is likely that it is targeting a UK audience;
• by the way the ad is served: if an ad has been targeted to someone based on their location, that is likely to be considered targeting a UK audience; and
• the content: if there is something about the content that targets UK consumers, that will be likely to be considered targeting a UK audience; this could take the form of using prices in Pounds Sterling or referring to a product or service that's only available in the UK.

What's out?

The following are not covered by the Code:

• non-paid-for marketing communications on websites, apps and cross-border platforms from or by marketers without a UK registered company address; and
• paid-for marketing communications on websites, apps and...