Perhaps, in the past, you would not have considered messages on your company’s blog or Facebook page to be considered advertising. From 1 March 2011, they could be. From that date, the UK Advertising Standards Agency’s rules will apply in full to marketing messages online, including the rules relating to misleading advertising, social responsibility and the protection of children.

The Advertising Standards Agency (“ASA”) is the independent watchdog responsible for regulating advertising in the UK. Historically, it has only had the power to regulate adverts in e-mails or text messages and online advertisements where they are contained in paid-for advertising space on third party websites (e.g., paid-for banner advertising pop-ups or keyword advertising on search engines). That is all set to change.