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As well as rules for the content of advertising, the ASA applies rules on the media placement and audience targeting of advertising. Their rules assign to advertisers primary responsibility for compliance because advertisers are held to be primarily responsible for the content, media placement and audience targeting of their ads. In line with the UK Code of Non-Broadcast Advertising and Direct & Promotional Marketing (the ‘CAP Code’), the ASA administers an overarching rule that marketing communications ‘must be prepared with a sense of responsibility to consumers and to society’. Sexual exploitation online can involve individuals trafficked and then advertised on adult services websites by individuals and organised crime groups.

Intermediaries that host third party content can only be held liable for that content if they have knowledge of it, or, upon obtaining knowledge of it, fail to remove it expeditiously. These liability rules strike the right balance between supporting the … Read More