The Advertising Standards Authority (ASA) recently objected to a 'stitch up a mate' email advertising campaign by Metrodome Group plc relating to the film Shifty, writes Phil Sherrell, partner at Eversheds international law firm.
A customer provided a friend's email address without consent. An email was sent to the friend. It indicated the friend was at risk of criminal prosecution for drug use following a tip off. The friend was then invited to click on a link for moreinformation. The film's website told him he had been 'stitched up' and advertised the film.
The campaign was a classic example of viral marketing. But where a person is asked to send a marketing message to a friend or to hand over their contact details for a marketing purpose, brand owners need to understand the inherent risks to the brand.
Marketers are responsible for any unsolicited marketing messages they send which do not comply with data protection rules. Guidance issued by the Information Commissioner's Office (ICO) stresses that the customer who passes a friend's details to the advertiser must confirm that they obtained the friend's consent. Marketers should check the friend is not already on a marketing suppression list and should tell customers that they will tell the friend how their contact details were obtained. If the friend objects having received the message, the marketer must rapidly suppress his contact details. So long as these principles are followed, the risk of breaching data protection rules should be low.
Unlike ordinary brand-to-consumer advertising, viral marketing usually has a concealed element in order to build suspense and curiosity. The ASA Code contains provisions which relate to truthfulness and not concealing the identity of the advertiser or the marketing nature of the communication.
Viral campaigns can be a highly successful way to appeal to a target audience but without careful management they can have adverse impacts. The recipient may forever associate the brand with the unpleasant experience.
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