Getting it right: Complying with advertising regulations on YouTube

In this article, Iona Silverman and Kate Marrs discuss increased regulation in the online world and best practice for ensuring that YouTube adverts don’t fall foul of the Advertising Standards Authority (ASA) Committee of Advertising Practice (CAP) and Broadcast Committee of Advertising Practice (BCAP) codes.

The rise of online advertising regulation

There has been recent emphasis on increasing regulation of online advertising (particularly on YouTube), both in the wake of the Online Safety Act and against the background of younger audiences spending more time watching video-sharing platforms (such as YouTube) than broadcast TV.  As such, it’s more important than ever for brands to ensure that their ads on video-sharing platforms (which are within the ASA’s remit) are CAP/BCAP code compliant. 

Why YouTube ads are at greater risk

Adverts on TV and radio need to be “cleared” by Clearcast (for TV) or Radio Central (for radio) before they air, which introduces a level of scrutiny before publication that doesn’t occur for YouTube ads. Whilst being cleared by one of these two bodies does not necessarily mean that an ad has followed the rules, it provides a certain level of reassurance that a baseline standard is being met. By contrast, YouTube ads can be published unscrutinised, increasing the chances of non-compliance.  

ASA’s use of AI in monitoring online ads

The ASA uses AI to crawl the internet in search of potentially infringing adverts, including on YouTube. To minimise risk, advertisers should verify that their ads are not likely to be in breach before publication (even if they have been previously cleared by Clearcast or Radio Central, as the ASA has indeed found cleared ads to have breached the rules).

Preparing for future regulation

In time, it may be that regulation is introduced in the form of a clearing process for all online advertising. This would be impractical given the volume of online ads, but not impossible. In the meantime, online advertisers should expect greater scrutiny by the ASA and seek independent advice on compliance. 

How Freeths can help

Freeths provides comprehensive support to clients launching major advertising campaigns, offering strategic advice from initial concept through to launch. In addition to entire campaign guidance, we also offer a business-as-usual ad clearance service, giving our clients confidence that their advertising complies with ASA rules.