Currently, the ASA regulates “advertisements in non-broadcast electronic media, including online advertisements in paid-for space (eg banner and pop-up advertisements)”—but display and pop-ups only cover a fraction of modern advertising techniques. As we found back in May, there is essentially no regulation for fast-growing areas such as affiliate ads and online advertorial content. The ASA told us then it was “fully aware of the potential regulatory gap that exists for consumers as technology develops”.

The ASA does receive and adjudicate complaints on online ads: in 2008, according to its latest annual report (pdf), it resolved 3,500 online complaints in 2008, but 65 percent fell outside the ASA’s current remit. ASA chair Lord Smith—former Labour minister Chris Smith—says it’s “crucial that the ASA can deal with the already significant number of complaints about marketing on websites, which is not, currently, subject to the CAP Code.”

Details are sketchy and the full changes won’t be published or ratified before Asbof, the Advertising Association’s Digital Media Group and the Committee of Advertising Practice (CAP) can all agree exactly what they will be—probably in the second half of 2010; the ASA told us the details hadn’t been decided yet and said this was simply a green light to expand the ASA’s remit.