Matthew Maxwell Scott, executive director of ACSO, responded to the Department of Culture, Media and Sport (DCMS) call for evidence on ‘Online advertising’.
ACSO welcome the debate which DCMS is encouraging, along with the Competition and Markets Authority (CMA), the Information Commissioner’s Office (ICO) and others, as necessary to ensure consumers are not misled or otherwise treated unfairly by online advertising.
“It has long been recognised that advertising must be regulated effectively to ensure it is legal, decent, honest and truthful. However, rules on advertising must adapt to changing practices. Furthermore, a balance must be struck between providing consumer protection and proportionate regulation while enabling consumers to enjoy the benefits of the internet.
“Many legal service providers use online advertising to sell their services. As the landscape of the legal sector evolves, spurred by technological innovation and changing consumer needs, it is essential that regulation on online advertising is flexible enough to evolve with it. All information provided to consumers must be clearly presented and not hold the potential to mislead in any way. This is particularly pressing in a sector that is often negatively characterised as inaccessible, exclusive and closed to public scrutiny.
“In agreement with the ICO, as outlined in its ‘Update report into adtech and real time bidding’ (June 2019), privacy information provided to individuals lacks clarity while also being overly complex. In addition, there is little information on how advertisers safeguard personal information, the processing of which enables advertisers to target adverts to consumers. That the majority of consumers remain largely unaware of the risks to their personal data is a cause for concern, not least when many freely provide such information without realising its value and the potential for harm”.
Maxwell Scott continues, “[a]lthough some reports focus on the physical, mental or moral harm that online advertising can cause children, little discussion takes place on other vulnerable consumers.
“As recognised in the Government’s Online Harms White Paper (2019), there is a recognition that companies need to show they are fulfilling their duty of care in regard to online advertising, ensuring that terms and conditions are sufficiently clear and accessible”.