From 1st September, the Advertising Standards Authority (ASA) will be able to apply advertising sanctions to service providers of video-on-demand, as well as marketers.
Currently, the ASA is only able to consider complaints that fall under the self-regulatory CAP code. It has to refer complaints that might fall under the law to Ofcom.
The relevant rules have been added to an appendix of the CAP code. This appendix only applies to adverts on video-on-demand services that are regulated by the Association for Television on Demand (ATVOD).
The ASA has stressed that this change should have little or no impact in terms of the code’s scope. However, it will have an impact on who the ASA pursues in relation to complaints about video-on-demand advertising.
If the complaints are made about an advert on service regulated by ATVOD, then the ASA will contact the marketer about potential breaches of the main CAP Code rules. It will also inform the marketer if it is also contacting the service provider about potential breaches of the appendix rules.
Similarly, it will contact the service provider about potential breaches of appendix rules if necessary, and inform the marketer that it has done so.