New guidance on “native advertising”

Native advertising is advertising which combines advertising with editorial content.

The Internet Advertising Bureau in the UK (IAB) has published a short guidance document on native advertising. Its aim is to help brand owners, publishers and marketing practitioners comply with the CAP Code and the Consumer Protection from Unfair Trading Regulations (CPUT) and provide more clarity to consumers who engage with different forms of native distribution formats online.

The guidance contains three principles of “good practice” which the IAB recommends that brand owners, publishers and marketing practitioners follow when they enter into an agreement with a third party to publish marketing content on their behalf through a native distribution format. It recommends that all parties must agree to:

  • Provide consumers with prominently visible visual cues to enable them to understand, immediately, that they are engaging with marketing content that has been compiled by a third party in a native ad format and is not editorially independent.
  • Ensure that the publisher or provider of the native ad format uses a reasonably visible label showing that a commercial arrangement is in place.
  • Ensure that the content of the “marketing communication” within the native distribution format adheres with CPUT and the CAP Code.

Novalex Solicitors have experience and expertise in this area of law and would be happy to assist. Please email karen.mason@novalex.co.uk or call 01908 440020 if you would like a free, confidential ten-minute consultation.

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