Is there a UK equivalent of the FTC regulations?

14 years ago

Some online advertising is already covered by the Advertising Standards Agency and companies advertising online commercially should be following the CAP codes. At the moment as far as I am aware we don't have regulations to the extent of the FTC regarding affiliates etc.

ASA recently put an announcement on their site that marketing on Companies own websites is now part of their remit. So I guess it's a case of watch this space and see what they come up with.

I don't have enough posts to put the direct link in here but it was announced on the ASA website on the 8th March in their media centre.

I'm not a lawyer though, I'd be interested to know if I've missed something too.

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Dennis Gaskill

14 years ago

Many western nations have adopted the FTC regulations, or based their laws on some of them. I wouldn't swear to it, but I think the UK is one of them. I use Auto Web Law to generate my legal documents. They have legal forms for UK residents included.

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seasoned

14 years ago

The UK is a BIG country. Do THEY even know how big it is? It was once said that the sun never sets on the british empire. And that was NOT hype.

It would be LUDICROUS to believe that they don't have an FTC type organization. You may not censor as much as the US, but you DO censor! Likewise, I haven't seen a lot of the scams you see in areas with no laws. The queen has overriding control in the companies of some industries, so she is treated as a majority shareholder even when she isn't. The FTC and FDA in the US were created because there was a DEFINITE need! You think things are bad NOW? I've seen documentaries about all sorts of things that were INCREDIBLE.

I was a TEENAGER before I think I even HEARD of the FTC! I heard about them because JS&A ran a huge ad campaign protesting the fact that they were going to be prosecuted for delaying sales without notice. Maybe the same is true of the UK. BTW the FTC was created LONG before I was born! I heard about many FTC laws ONLY because I saw the consequences of people BREAKING them.

Steve

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butters

14 years ago

Originally Posted by seasoned

The UK is a BIG country. Do THEY even know how big it is? It was once said that the sun never sets on the british empire. And that was NOT hype.

You do realize that UK means United Kingdom and that is only England, Scotland, Wales and Northern Island. Also the UK isn't actually a country

.

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seasoned

14 years ago

Originally Posted by butters

You do realize that UK means United Kingdom and that is only England, Scotland, Wales and Northern Island. Also the UK isn't actually a country

.

OK, so I used the wrong term. UK and GB often ARE used interchangably though, and are considered country codes! 8-) YEAH, And India and Hong kong used to be part of it. In a way, CANADA is! The head of canada is selected by the queen of england. BTW Wikipedia says it is one of SIXTEEN, or 17, areas she controls! And that list doesn't include INDIA, which was given independence, or hong kong, which was recently given back to china.

So who knows? Even the US has possessions that aren't states and many Americans don't even know about THEM.

Steve

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butters

14 years ago

Originally Posted by seasoned

OK, so I used the wrong term. UK and GB often ARE used interchangably though, and are considered country codes! 8-) YEAH, And India and Hong kong used to be part of it. In a way, CANADA is! The head of canada is selected by the queen of england. BTW Wikipedia says it is one of SIXTEEN, or 17, areas she controls! And that list doesn't include INDIA, which was given independence, or hong kong, which was recently given back to china.

So who knows? Even the US has possessions that aren't states and many Americans don't even know about THEM.

Steve

I think your getting the UK mixxed up with the common wealth... She doesn't control them, she is just head monarch, Britan doesn't actually own the land, we gave it back

. But the common wealth is still ran by the queen (No idea what she does

.) and is 3 times larger then the USA.

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GuerrillaIM

14 years ago

Originally Posted by seasoned

OK, so I used the wrong term. UK and GB often ARE used interchangably though, and are considered country codes! 8-) YEAH

Neither UK or GB refer to the British empire.

GB (Great Britain) refers to the island that contains England, Scotland & Wales.

UK (United Kingdon) refers to Great Britain & Northern Ireland.

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Frank Donovan

14 years ago

The closest UK equivalent to the FTC would probably be the ASA, but it doesn't have quite the same regulatory powers as the US department.

There are bodies working to produce definitive online commerce guidelines - the Committee Of Advertising Practice (CAP) has just published its new UK Advertising Codes, effective from September 2010. You can download a copy here: CAP - New UK Advertising Codes

These codes are then, usually, implemented by the ASA and most advertisers are well advised to comply with the guidelines.

However, it seems that the internet is still a novelty medium for these organisations. Here's a snippet from the new CAP codes overview:

Extending the Digital Remit of the CAP Code

In its consultation, CAP clarified the existing online remit of the Code which covers paid-for advertisements and sales promotions on websites. However, the consultation did not contain proposals to extend the Code's remit to cover marketers' own marketing communications on their own websites. This was because this was the subject of a separate project being considered by the wider advertising industry, led by the Advertising Association, at that time.
On 8 March 2010 the advertising industry recommended an extended online remit to CAP, along with new enforcement powers and a mechanism to fund its regulation. This would allow the Advertising Standards Authority to apply the Code to online marketing communications that currently sit outside their remit for the benefit of consumers, children and industry.
CAP will now assess the practicalities of the recommendations, with the aim of bringing the new remit into effect as soon as possible, later in 2010. (my bold)

So it appears that the UK is a bit behind the US in online marketing regulations.

Of course, all this may be irrelevant if the European Commission gets its claws into online commerce. If the recent proposal by the EC to restrict all online retail sales to businesses with an offline presence is any indication of coming trends, we may all wish we were instead subject to the FTC's jurisdiction.

Frank

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MrYossu

14 years ago

Originally Posted by Frank Donovan

So it appears that the UK is a bit behind the US in online marketing regulations.

Probably because we are not as wired up as the US. There are still a surprisingly large number of people in this country who don't have an internet connection.

Somehow I envy them

Originally Posted by Frank Donovan

Of course, all this may be irrelevant if the European Commission gets its claws into online commerce. If the recent proposal by the EC to restrict all online retail sales to businesses with an offline presence is any indication of coming trends, we may all wish we were instead subject to the FTC's jurisdiction.

If the EC ever gets around to considering the subject, then you can be certain of some things...

1) It will take YEARS before anything actually comes out

2) Whatever does eventually appear will be as useful as a one-legged man at a bottom-kicking party!

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butters

14 years ago

Originally Posted by Frank Donovan

Of course, all this may be irrelevant if the European Commission gets its claws into online commerce. If the recent proposal by the EC to restrict all online retail sales to businesses with an offline presence is any indication of coming trends, we may all wish we were instead subject to the FTC's jurisdiction.

Frank

This made me laugh... Only the geniuses in the European government could come up with that. I would love to see how they would actually sort all of that out, the internet is a big place, what markets would instantly be squashed, do affiliates get commission because they aint selling the product. How do you have an offline presence for an ebook, I guess it will be interesting to watch :p.

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seasoned

14 years ago

Originally Posted by butters

This made me laugh... Only the geniuses in the European government could come up with that. I would love to see how they would actually sort all of that out, the internet is a big place, what markets would instantly be squashed, do affiliates get commission because they aint selling the product. How do you have an offline presence for an ebook, I guess it will be interesting to watch :p.

Well, in the US around the 80s, people basically started to limit NON B&M sales to B&M companies. I had what was essentially a non B&M company, and had to deal only with CASH! So I could see how they do it. They DON'T take away your access to sell, but your ABILITY to sell with reasonable turnaround, etc.... The idea was that too many scammed and created credit fraud, so they wanted companies in business for 2 years or more with a storefront.

Steve

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MrYossu

14 years ago

Originally Posted by seasoned

The UK is a BIG country.

Not actually that big, a few hundred miles north to south and a hundred or so east to west (depending where you measure it). Big compared to Lichtenstein or Monaco (but then most places are), but not big compared to most of our European counterparts.

Originally Posted by seasoned

Do THEY even know how big it is? It was once said that the sun never sets on the british empire. And that was NOT hype.

You've jumped from the UK to the British Empire, which were always two completely separate things even when the Empire existed.

In any case, the comment is totally irrelevant as I was asking about laws in the UK itself.

Originally Posted by seasoned

It would be LUDICROUS to believe that they don't have an FTC type organization. You may not censor as much as the US, but you DO censor! Likewise, I haven't seen a lot of the scams you see in areas with no laws.

As I understand it, the FTC regs are not censorship, they are designed to protect the individual from scammers. The requirement to declare interest in promoting products or services is perfectly reasonable, even if it detracts from our livelihood.

And anyway, I wasn't asking if we have an equivalent of the FTC, I was asking if we have an equivalent of the specific regs that the FTC recently introduced that require affiliate marketers to declare their interest in promoting products or services. Even if we have something like the FTC, they may not yet have introduced regs like this (yet).

Originally Posted by seasoned

The queen has overriding control in the companies of some industries, so she is treated as a majority shareholder even when she isn't.

Apart from your obvious lack of knowledge of our country and the way it works, I don't see what possible relevance this has to my question. The Queen is a head of state and holds almost no political or commercial power. Her interest in certain companies is more a matter of honour for those countries. She has no influence at all AFAIK in the running of any company.

Not that this has anything to do with what I asked.

Originally Posted by seasoned

The FTC and FDA in the US were created because there was a DEFINITE need!

Um, yes, and so?

Originally Posted by seasoned

You think things are bad NOW? I've seen documentaries about all sorts of things that were INCREDIBLE.

So have I. I once saw one about the way prisoners of war were treated by the Japanese. It was shocking.

But what does it have to do with what I asked?

Originally Posted by seasoned

I was a TEENAGER before I think I even HEARD of the FTC! I heard about them because JS&A ran a huge ad campaign protesting the fact that they were going to be prosecuted for delaying sales without notice. Maybe the same is true of the UK. BTW the FTC was created LONG before I was born! I heard about many FTC laws ONLY because I saw the consequences of people BREAKING them.

Steve

And the relevance of all this is?

Sorry, I don't mean to be rude, but your reply had little to do with my question, and was largely based on incorrect assumptions. Please correct me if I missed something.

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seasoned

14 years ago

Originally Posted by MrYossu

Sorry, I don't mean to be rude, but your reply had little to do with my question, and was largely based on incorrect assumptions. Please correct me if I missed something.

First of all, I NEVER claimed to be an expert on ANY country, let alone the UK. It would be foolhardy to do so anyway. One reason I am against the idea of having a company taxed for interstate commerce sales taxes is that it is just so difficult to handle, and that is only one facit. Censorship OBVIOUSLY shows some control, as do laws concerning supplements, etc... I was merely stating that it would be unreasonable to any country such as yours to have no laws governing sales and any actions to get them.

As for my comment about "You think things are bad NOW? I've seen documentaries about all sorts of things that were INCREDIBLE.", I was not speaking of ANY country or war, but some of the garbage that used to be sold, and lies that were told, in the US. There is no reason to bring up the idea of wars, etc... here.

Steve

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MrYossu

14 years ago

Originally Posted by seasoned

First of all, I NEVER claimed to be an expert on ANY country, let alone the UK.

I never said you claimed to be an expert, I was merely disagreeing with what you wrote, whether that was opinion or your idea of fact.

Originally Posted by seasoned

It would be foolhardy to do so anyway. One reason I am against the idea of having a company taxed for interstate commerce sales taxes is that it is just so difficult to handle, and that is only one facit. Censorship OBVIOUSLY shows some control, as do laws concerning supplements, etc... I was merely stating that it would be unreasonable to any country such as yours to have no laws governing sales and any actions to get them.

Yet again I am at a complete loss as to how you see these comments as being any way relevant to the discussion here. Who mentioned tax? Censorship was your insertion, not mine.

Our country has plenty of laws governing sales. What I was questioning was the existence of specific laws governing declaring your personal interests.

Originally Posted by seasoned

As for my comment about "You think things are bad NOW? I've seen documentaries about all sorts of things that were INCREDIBLE.", I was not speaking of ANY country or war, but some of the garbage that used to be sold, and lies that were told, in the US. There is no reason to bring up the idea of wars, etc... here.

Wars? Who mentioned wars?

Even if your ambiguous comments were meant to be about poor quality merchandise (which was certainly not implied by what you wrote), it is still irrelevant to the discussion.

Anyway, not wishing to argue, and not seeing any benefit in continuing an examination of your comments, I will refrain from commenting unless you contribute somethng that seems relevant to the discussion.

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jazbo

14 years ago

Whats censorship got to do with online standards in advertising? :confused:

Originally Posted by seasoned

The UK is a BIG country. Do THEY even know how big it is? It was once said that the sun never sets on the british empire. And that was NOT hype.

It would be LUDICROUS to believe that they don't have an FTC type organization. You may not censor as much as the US, but you DO censor! Likewise, I haven't seen a lot of the scams you see in areas with no laws. The queen has overriding control in the companies of some industries, so she is treated as a majority shareholder even when she isn't. The FTC and FDA in the US were created because there was a DEFINITE need! You think things are bad NOW? I've seen documentaries about all sorts of things that were INCREDIBLE.

I was a TEENAGER before I think I even HEARD of the FTC! I heard about them because JS&A ran a huge ad campaign protesting the fact that they were going to be prosecuted for delaying sales without notice. Maybe the same is true of the UK. BTW the FTC was created LONG before I was born! I heard about many FTC laws ONLY because I saw the consequences of people BREAKING them.

Steve

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Epicurus

14 years ago

I'm not really aware of any UK equivalent to the FTC and I live in the UK.

I have however, noticed in recent months that media attention is becoming more interested in the IM world and in particular for exposing scammers which can only be a good thing - provided the journos give a fair account of things that is :-)

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seasoned

14 years ago

Originally Posted by Epicurus

I'm not really aware of any UK equivalent to the FTC and I live in the UK.

I have however, noticed in recent months that media attention is becoming more interested in the IM world and in particular for exposing scammers which can only be a good thing - provided the journos give a fair account of things that is :-)

Did you notice what I said about the FTC. I am in the USA!

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MrYossu

14 years ago

Originally Posted by Epicurus

I'm not really aware of any UK equivalent to the FTC and I live in the UK.

I have however, noticed in recent months that media attention is becoming more interested in the IM world and in particular for exposing scammers which can only be a good thing - provided the journos give a fair account of things that is :-)

That's a big "if"

But you're right, it would be a good thing if it were done correctly.

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Alex Mensah 14 years ago

on an aside, anyone know of any FTC laws in canada in regards to affiliates?
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danielmcclure

14 years ago

Hey MrYossu, Over here we have several people that you should pay attention to:

Internet Advertising Bureau UK: trade association for the internet marketing industry
ASA - Home
Trading Standards Institute - Home page

If you stay in line with all of their advice then you can't go far wrong and of course if you are unsure of something then always consult a qualified professional

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MrYossu

14 years ago

Originally Posted by danielmcclure

Hey MrYossu, Over here we have several people that you should pay attention to:

Internet Advertising Bureau UK: trade association for the internet marketing industry
ASA - Home
Trading Standards Institute - Home page

If you stay in line with all of their advice then you can't go far wrong and of course if you are unsure of something then always consult a qualified professional

Thanks for those. I had a quick look through the IABUK's site, but it looked like it was only advice on how to go about marketing online - sort of very simple watered down version of the info you get on this forum. Couldn't see anything specifically about laws or regs you have to know about.

Obviously I'm only interested in being honest and ethical (actually, I hope it's obvious, I guess you can't assume such things nowadays), so have no problem with the general side of the law. I'm just wondering if there are any IM-specific parts that I don't know about. Looks like there aren't yet.

Thanks for the reply.

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GuerrillaIM 14 years ago

The closest thing is the OFT (Office of Fair Trading). They are the people who will investigate you and shut you down if you are running a scam.

I think that unless you voluntarily elect to join a regulatory body then you are jst governed by the laws of the land. Any laws that effect anything have to go through the house of commons. I could be wrong though.
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Alex Mensah

14 years ago

Also, intested to know...if you are a canadian warrior...how do you manage your taxes with your affiliate earnings? Did you register a business etc?

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l23bc

14 years ago

I dont think its anything like the ftc but just a idea id throught i contribute

Im from the u.k also and i know we have these departments.which in turn could be used if chosen,Thank god at the minuite it aint.

Soca(Serious online crime agency)---mostly for serious crimes online such as dirty little gary glitter types, if you know what i mean, but i know theres talks about using them for crimes like 411 nigeria scams and such. NOt sure on internet marketing mind.

the Committee Of Advertising Practice (CAP)--like someone else here mentioned.
Office of fair trading.

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MrYossu

14 years ago

Originally Posted by l23bc

I dont think its anything like the ftc but just a idea id throught i contribute

Im from the u.k also and i know we have these departments.which in turn could be used if chosen,Thank god at the minuite it aint.

Soca(Serious online crime agency)---mostly for serious crimes online such as dirty little gary glitter types, if you know what i mean, but i know theres talks about using them for crimes like 411 nigeria scams and such. NOt sure on internet marketing mind.

the Committee Of Advertising Practice (CAP)--like someone else here mentioned.
Office of fair trading.

These are all concerned with illegal or fraudulent activities. The FTC guidelines I mentioned are more a disclosure of interest. As far as I can see, such a thing wouldn't be within the remit of organisations like these. It may come under their remit at some time in the future, but I don't think they are interested in such things right now. They are more interested in fraud and crime.

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jazbo

14 years ago

Surprised the Brits has not mentioned the obvious here.

Trading Standards.

National body with local trading standards departments in every county council in the land.

I once received a call from my local trading standards when they were investigating ebay sellers who were not complying with the distance selling regulations back when they were introduced.

So the answer is trading standards are the front line in the UK for enforcing regulations in terms of trading practises, advertising etc.

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GuerrillaIM

14 years ago

Originally Posted by jazbo

Surprised the Brits has not mentioned the obvious here.

Trading Standards.

National body with local trading standards departments in every county council in the land.

I once received a call from my local trading standards when they were investigating ebay sellers who were not complying with the distance selling regulations back when they were introduced.

So the answer is trading standards are the front line in the UK for enforcing regulations in terms of trading practises, advertising etc.

Yes your right. I think trading standards set the regulations, or at least propose the bills to be passed.

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MrYossu

14 years ago

Originally Posted by jazbo

Surprised the Brits has not mentioned the obvious here.

Trading Standards.

National body with local trading standards departments in every county council in the land.

I once received a call from my local trading standards when they were investigating ebay sellers who were not complying with the distance selling regulations back when they were introduced.

So the answer is trading standards are the front line in the UK for enforcing regulations in terms of trading practises, advertising etc.

But again, this is only really an issue if you aren't complying with the law. I was asking about the existence of laws requiring you to disclose interest in promoting certain products. Assuming there aren't any in the UK (which seems to be the consensus so far), then the trading standards won't have anything against you - assuming you aren't doing something illegal.

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GuerrillaIM

14 years ago

Originally Posted by MrYossu

But again, this is only really an issue if you aren't complying with the law. I was asking about the existence of laws requiring you to disclose interest in promoting certain products. Assuming there aren't any in the UK (which seems to be the consensus so far), then the trading standards won't have anything against you - assuming you aren't doing something illegal.

There are certain requirements that might not be law, I'm not sure. Like when they made it so every company website has to have company address, registration number and VAT on every page of website or you get a fine.

There was loads of publicity about it on TV (where i heard about it) but I am not sure exactly who set this regulation or where you can go to check all the regulations regarding IM. Would be nice to find out, I may call trading standards tomorrow and ask them.

My solicitor informed me of the european distance learning directive which was new to me, better check I am fully compliant.

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languid

13 years ago

The extended ASA regulations in the UK will come into effect on March 1st 2011, and will cover

Advertisers‟ own marketing communications on their own websites and;
Marketing communications in other non-paid-for space under their control, such as social networking sites like Facebook and Twitter.

I can't wait!

- I already have a list of UK based IM'ers that I plan to report for false and misleading advertising.

Not sure how effective the ASA will be against non-UK based IM'ers.

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Bacchus

13 years ago

I'm fairly surprised at some of the content of this thread.

The most important legal requirements in the UK that affect affiliate marketers are the Protection from Unfair Consumer Practices 2008. Basically, it covers all businesses, whether online or offline.

It makes it illegal to mislead customers, either by giving them false information, or by not giving them relevant information, including information (or not giving information) about affiliations or connections of the trader.

So, in other words, if you are an affiliate, and you mislead people into believing you are an independent reviewer, the law is broad enough so I believe you may have broken it.

The law is written really broadly, it is worth reading it.

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Is there a UK equivalent of the FTC regulations?

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