Out-Law News 1 min. read

Firms warned that online 'advergames' must generally comply with advertising standards


The body responsible for writing the rules governing online advertising has issued a reminder to companies that develop electronic games as a means of advertising itself, its products or brands that the games may be subject to its rules.

The Committee of Advertising Practice (CAP) said that though there had been "very few complaints" about 'advergames' made to the UK's advertising watchdog, the Advertising Standards Authority (ASA), businesses should be careful that the content complies with its CAP Code.

"For the avoidance of doubt, advergames in paid-for space online are covered by the relevant rules of the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the CAP Code)," CAP said in its guidance. "Similarly, advergames that are made available on the advertiser’s own website, as downloadable apps or in social media under the advertiser’s control and that are directly connected with the supply or transfer of goods, services, opportunities and gifts must also comply with the CAP Code."

"Advergames offer businesses innovative and potentially exciting means to market their brands, products or services. As with all other marketing communications covered by the CAP Code, they should do so responsibly, particularly with regard to their target audience and in accordance with the rules!," it said.

CAP said that the limited number of complaints made to ASA about advergames had shown that they could potentially fall foul of CAP Code rules on marketing to children and potential to cause harm or offence.

"The CAP Code has an overarching principle that marketers should take care when addressing children in marketing and should bear in mind that children’s understanding of, and reaction to marketing communications will be effected by their age, experience and the context in which the message is delivered," CAP said.

In addition the ad body said that advergames should also be "obviously identifiable" as an advert, as is also required by the CAP Code. It said the context in which the games are made available would help determine whether the marketers meet this standard.

"In determining whether advergames conform to this rule, the ASA will likely consider the context in which the advergame is made available, any references to the product, brand or organisation in or around the game and the target audience," CAP said.

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