Yesterday the Committee of Advertising Practice (CAP) sent letters to companies that advertise official services or documents on websites that are not the official government channel, commonly known as “copycat” websites.

The letter gave guidance about how to comply with the CAP Code following the publication of three recent ASA rulings that were undertaken following research conducted by Ipsos Mori into the public’s experiences of using these sites:

Europe EHIC Services Ltd t/a European Health Card

TADServices Ltd t/a uk-officialservices.co.uk

The rulings are enforceable from the date of publication and affected advertisers are expected to take immediate action to ensure that their websites comply.

In summary, these rulings concluded that a website that advertises official services or documents and is not the official government channel will have to make clear to consumers that they are not working on behalf of or affiliated to the official body.

In order to comply, websites should:

1. Avoid the use of the term “official” when describing the service, including in the name of the website.
2. Not use the crown emblem or logo.
3. Avoid website designs that appear similar to the official website e.g. www.gov.uk.
4. Not use “Her Majesty’s”, “HM”, “government”, “gov” or similar claims when describing the service.

As well as the above, the rulings indicate that unless a prominent disclaimer is presented immediately alongside every call to action e.g. “Apply here”, “Begin process”, and the most prominent price statements on each page, the website is likely to mislead consumers:

A compliant disclaimer would be:

1. Clearly worded
2. Presented separately from other information to ensure it is prominent and likely to be read by consumers

A compliant disclaimer would also contain sufficient information to allow consumers to understand:

1. the non-official nature of the service on offer and
2. the additional cost of using that service compared to using the official service directly.

We will closely monitor websites from Tuesday 28 October 2014 onwards with a view to taking enforcement action against non-compliant claims from this date.

If you received the letter and are unsure about the requirements, please respond to the Compliance team, whose details are on the letter. If not, or if you want more general help on sticking to the rules, please access our free online advice.

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