CAP confirms that its Code covers viral advertisements

27 February 2006

"Not all virals are ads and even if they are they're not subject to scrutiny by the ASA" is typical of the sometimes ill-informed trade press speculation about the responsibility that creators of viral campaigns have, or do not have, to comply with the rules that govern other types of non-broadcast ads. 

To give the lie to that type of thinking, CAP has decided to issue guidance to explain its thinking on virals.  Many creatives and marketers have believed viral campaigns are unfettered by regulatory considerations and have let their imagination run riot in producing often very funny viral ads that could offend consumers and bring the advertising industry into disrepute.  CAP recognises that many viral campaigns are entirely acceptable but it nevertheless hopes that by making its position clear it will address the potential harm resulting from the obvious excesses of some past viral ads.

Many virals are not ads at all.  If it gets a complaint about a non-advertising viral, the ASA will treat the complaint as outside remit.  The CAP guidance helpfully explains what viral ads are: e-mail, text or other non-broadcast marketing messages that are designed to stimulate significant circulation by recipients to generate commercial or reputational benefit to the advertiser from the consequential publicity.  They are usually put into circulation ("seeded") by the advertiser with a request, either explicit or implicit, for the message to be forwarded to others.  Sometimes they include a video clip or a link to website material or are part of a sales promotion campaign.
Clause 1.2 of the CAP Code excludes editorial content, private correspondence and much website content from the Code's remit but that does not mean viral ads are exempted from the Code merely by having originated on a website or by being forwarded-on by consumers.
The ASA has received complaints about over a dozen virals but has investigated only three and the CAP Copy Advice team has dealt with a dozen enquiries about viral ads.  Those numbers are comparatively low but, with the clarification provided by the CAP Help Note, we might expect them to rise in future months.
The Help Note explains that legislation that applies to viral ads includes the Electronic Commerce Regulations 2002, the Privacy and Electronic Communications Regulations 2003, the Communications Act 2003 and the Video Recordings Act 1984.  The Help Note is not a lengthy one.  To read it, click here.  Other Help Notes are available on the CAP website, www.cap.org.uk.