Advertisers responsibilities for youtube video advertisements.

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Dear Advertising Standards Authority,

Could you please let me know what the rights and responsibilities are of online advertisers or marketeers who accept payments for their digital or online products by way of a customer clicking through a youtube video advertisement of which the youtube video is solely dedicated to that particular product for sale.

For example, a customer views an online video on the youtube platform. The youtube video is solely dedicated to advertising the product with no other ads appearing at anytime within the video. The video explains what the product is, what amounts of money could be made, guaranteed to be risk free etc.. and within the video it tells the customer to click the link in the description for the full review of Tony Langley`s new zero risk football hedging system. A link is supplied below the video to follow through to purchase the said product. If the customer clicks through or follows through to purchase the product and the advertiser accepts payment, then supplies the customer with the advertised product complete with the contract, terms and conditions, then could the advertiser deny responsible for the video advertisement.

Also would the advertiser or marketeer have to accept responsibility even if they had no affiliation with the person who uploaded the video.

The full wording in the description below the video is,

Tony Langley’s Zero Risk Football Hedging System
Published on Jun 16, 2015

https://www.facebook.com/pages/Tony-L... Read the full review on Tony Langley's new Zero Risk Football

Hedging System.

If you are not familiar, Tony Langley is a professional Betfair Trader, who makes his living trading for profit. Click the link in this description for full details.

www.Football-hedging co uk is the main website this product can be ordered from.

Yours faithfully,

Mark McNamara

Enquiries, Advertising Standards Authority

 

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The ASA Communications Team

 

 

Advertising Standards Authority

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London WC1V 6QT

Telephone 020 7492 2222

[4]www.asa.org.uk

 

Legal, decent, honest and truthful

 

 

The Advertising Standards Authority Ltd (trading as ASA), registered in
England and Wales, Registered Number 0733214

The Advertising Standards Authority (Broadcast) Ltd (trading as ASAB),
registered in England and Wales, Registered Number 5130991

The Committee of Advertising Practice Ltd, registered in England and
Wales, Registered Number 8310744

The Broadcast Committee of Advertising Practice Ltd, registered in England
and Wales, Registered Number 5126412
All companies listed are registered at: Mid City Place, 71 High Holborn,
London, WC1V 6QT

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Enquiries, Advertising Standards Authority

Dear Mark

From what you are describing it sounds like it may be an affiliate ad, in which case yes the video is in remit and the advertisers are responsible.

It would be for our complaints and investigations team to establish if it was an affiliate link and that would be based on further information that you may provide them. But if it is an affiliate link, you may find this advice online entry of interest:

https://www.asa.org.uk/advice-online/aff...

Kind regards

Matt Wilson

Matt Wilson
Senior Media Relations Officer
Direct line 020 7492 2122

Advertising Standards Authority
Mid City Place, 71 High Holborn
London WC1V 6QT
Telephone 020 7492 2222
www.asa.org.uk

Read our 2017 Annual Report

Legal, decent, honest and truthful

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Dear Enquiries,

Thank you very much for your reply.

As previously stated the youtube video is solely advertising a particular product from a company. There is no other products mentioned at all. It is a dedicated video ad.
If the ad is not an affiliate then is the company responsible for the content of the ad as there is a link to click through to purchase the product and because the company has accepted payment by way of a customer clicking through the link, then in that respect would the company be responsible for the content of the ad.

I can of course submit the information to your complaints and investigations team to establish further facts if required.

Yours sincerely,

Mark McNamara

Enquiries, Advertising Standards Authority

 

IMPORTANT

 

Please note, our [1]website contains a range of helpful resources – from
guidance for advertisers to ASA rulings and from the advertising rules to
a breakdown of how the system works. We are always happy to help where we
can but please note that we do not handle the following queries via this
address:

 

 

o Making a complaint, or not sure if we cover it? Please fill in our
[2]online form so that we have all the relevant information and can
assess your complaint accordingly - someone will then get back you.

 

o Contacting us about a complaint you have already made? Please provide
us with the case reference number and we can put you in touch with the
person dealing with your case.

 

o Having trouble completing the online complaints form? If you are
having technical issues, please send the details of your complaint
(along with any supporting images) to this email address.

 

o Are you an advertiser looking for advice about claims you can make in
non-broadcast ads (including online and social media)? Please contact
our colleagues in [3]Copy Advice who offer a free service and will get
back to you within 24 hours.

 

o If you are contacting us in order to express a view in connection with
a published ruling but are not the complainant or advertiser
concerned, thank you for your comments.  We won’t be able to reply
personally as we cannot enter into correspondence about a case with
third parties.  However, please know that ASA staff read such
correspondence carefully and we’ll keep any views expressed in mind
for the ASA’s future decision-making.

 

 

For all other enquiries, we will aim to get back to you soon if we can
help you any further.

 

Regards

 

 

The ASA Communications Team

 

 

Advertising Standards Authority

Mid City Place, 71 High Holborn

London WC1V 6QT

Telephone 020 7492 2222

[4]www.asa.org.uk

 

Legal, decent, honest and truthful

 

 

The Advertising Standards Authority Ltd (trading as ASA), registered in
England and Wales, Registered Number 0733214

The Advertising Standards Authority (Broadcast) Ltd (trading as ASAB),
registered in England and Wales, Registered Number 5130991

The Committee of Advertising Practice Ltd, registered in England and
Wales, Registered Number 8310744

The Broadcast Committee of Advertising Practice Ltd, registered in England
and Wales, Registered Number 5126412
All companies listed are registered at: Mid City Place, 71 High Holborn,
London, WC1V 6QT

The information contained in this electronic correspondence and any files
transmitted with it is intended for the addressee only and may contain
confidential and/or privileged information. If you are not the addressee
please delete this message and notify the sender; you should not copy or
distribute this message or disclose its contents to anyone.

An anti-virus system is in operation and our systems are regularly scanned
for known viruses. ASA/CAP accepts no responsibility for any subsequent
viruses attached.

References

Visible links
1. https://www.asa.org.uk/advice-and-resour...
2. https://www.asa.org.uk/make-a-complaint....
3. https://www.asa.org.uk/advice-and-resour...
4. http://www.asa.org.uk/

Enquiries, Advertising Standards Authority

Dear Mark

Please submit a complaint via our online form - that will help us capture the information we need to establish exactly what's going on here.

Kind regards

Matt Wilson
Senior Media Relations Officer
Direct line 020 7492 2122

Advertising Standards Authority
Mid City Place, 71 High Holborn
London WC1V 6QT
Telephone 020 7492 2222
www.asa.org.uk

Read our 2017 Annual Report

Legal, decent, honest and truthful

show quoted sections