ASA bans 'tell a friend' service that lacked friends' consent

The UK's Advertising Standards Authority (ASA) ruled yesterday that a website to promote the film Shifty should have asked those using its hoax email service to indicate that they had the consent of the individual to whom the hoax email would be sent.

The website, operated by Metrodome Group, invited visitors to "Stitch up a mate" by entering a friend's email address. The website stated that the recipient would not see their email address. A hoax email was then sent to that address from the address [email protected].

The email had the subject line "Criminal Investigation" and was in the form of a letter addressed to the recipient. It suggested that the recipient had been identified as "a habitual narcotics user."

When the recipient clicked on the links in the email they were directed to the website for the film, which is about a drug dealer. The site stated: "You have just been stitched up by your friend. If you can't spot a shifty email when you see one ... To stitch up your own friend click here."

One person complained that the viral campaign was distressing, irresponsible and misleading. That complaint was upheld.

The ASA found that it also breached CAP Code clause 43.4c which states that the explicit consent of consumers is required before "marketing by email or SMS text transmission, save that marketers may market their similar products to their existing customers without explicit consent so long as an opportunity to object to further such marketing is given on each occasion."

The ASA said that the website should at least have asked the friend who initiated the hoax to confirm that they had the friend's consent.

"We noted that the film's website did not seek to obtain the explicit consent of the recipient to receive e-mail marketing, or ask the friend who initiated the hoax e-mail to confirm that they had the consent of the recipient," said the ASA in its ruling.

"We also noted that the website stated that the sender's e-mail address would be withheld, and we were concerned that it would not be made clear to recipients how and when their e-mail address had been obtained," it said. "We considered that Metrodome should have taken steps to satisfy themselves that the recipient was happy to receive e-mail marketing from them, and because they had not we concluded that the ad was in breach."

The ruling is consistent with guidance on viral marketing from data protection regulator the Information Commissioner's Office (ICO). That guidance states that companies must make sure that consent for sending a message has been received, though not directly by them, if they are to use someone's friend's details.

The ICO's guidance states: "As with all Third party electronic mailing lists, you cannot use [an email address] unless you are satisfied that the recipient has notified you that they consent to receiving such messages from you. You should therefore ask your customer to confirm that they have the consent of the individuals whose details they are passing on."

The ASA said that the advert must not appear again in its current form.

"We told Metrodome to make clear that future ads were marketing material and to ensure that they had the explicit consent of the recipient to receive marketing by e-mail in future," said the ruling.