The IPA is warning the industry that restrictions on commercial communication via the internet, social networking and word of mouth communications, are to be made much stricter and in some cases may become illegal
This will be as a result of Consumer Protection from Unfair Trading Regulations, which come into force on May 26 2008.
One particular clause in the Regulations will make a number of activities a criminal offence including seeding positive messages about a brand in a blog without making it clear that the message has been created by, or on behalf of, the brand.
Also, using “buzz marketing” specialists to communicate with potential consumers in social situations without disclosing that they are acting as brand ambassadors, will be illegal.
Seeding viral ads on the internet in a manner that implies you are a simple member of the public, will also be against the law.
IPA Legal Director, Says Marina Palomba, explained, “If advertisers and their agencies ignore the ethics of responsible advertising, the damage to the advertising and marketing industry generally will be considerable, undermining all commercial messages, their effectiveness and the self regulatory systems.”
She strongly advises agencies and marketing departments to asses whether their activities within these areas comply with the new Regulations, before they come into force in May, or risk a risky and undesirable future involving hefty fines and potential prison sentences.