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New UK online rules to affect Irish exporters

1 March 2011

Enterprise Ireland clients exporting to UK will be affected by new rules

Irish businesses that export to the UK will need to take on board new rules about digital marketing  within the UK market. With a big push on the UK market by Irish companies with support from state agency Enterprise Ireland, these changes will impact on their UK-oriented websites and digital campaigns.

From 1 March 2011, the UK Advertising Standards Authority’s remit has been extended to cover marketing communications on organisations’ own websites – and in other online spaces that they control such as their Facebook profiles and Twitter feeds.

The UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the “CAP Code”) will apply to marketing messages online, including rules relating to misleading advertising, social responsibility and the protection of children.

What it covers

The new remit covers not only marketing communications on “.co.uk” sites but also “the marketing communications of organisations, operating from the UK, on their own websites and in other non-paid for space online under their control such as social networking sites”.

The regulations cover advertisers’ marketing messages “regardless of sector, type of businesses or size of organisation”.

The rules also apply to user generated content “if it is adopted and incorporated within an organisation’s own marketing communications on its own website or in other non-paid for space online under the organisation’s control”.

As the UK ASA says, “The primary concern of the regulatory system is not to punish advertisers, but to ensure that all advertising is legal, decent, honest and truthful.”

UTV property ad

The UTV commercial for PropertyPal.com

Even before this extension of its online remit, the UK ASA has had significant powers in terms of sanctions that it can apply.

Last week it ordered UTV to scrap a TV commercial for its property website which claimed to be “Northern Ireland’s largest”.

The ASA said the advert by PropertyPal.com misled the public. The complaint against UTV was lodged by Propertynews.com – a rival site which is a wholly-owned subsidiary of Independent News and Media (NI).

Errol Maxwell, managing director of PropertyPal.com, disputed PropertyNews.com’s claims and told the BBC: “We are confident that we are by far the largest property website in Northern Ireland. We are currently awaiting the independent verification requested by the ASA to substantiate this position for our future advertising.”

For more on the new online advertising rules, check the UK Advertising Standards Authority’s FAQs.

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