The OAP will look at the current regulations and regulators including whether they are properly empowered and funded. Additionally, the OAP will look at strengthening mechanisms currently in place, and those being developed, in order to equip regulators to ‘meet the challenges of the online sphere’ whilst maintaining a ‘pro-innovation and proportionate approach’.

The Government note that the following options could be considered:

Option 1: Self-regulatory approach: A voluntary approach to fraud would provide industry with the space to find a solution, relevant to each business model in the advertising industry.

Option 2: Statutory backstop: This could see an industry-led code that sets out how industry will proactively tackle fraud and protect consumers, in addition to a statutory backstop holding ad tech intermediaries and platforms to account. To note, the Government state that the ASA may not be the appropriate body to monitor the implementation of said code.

Option 3: Full statutory approach: Under this option, a statutory regulator would hold and use code-writing powers and carry out both regulation and enforcement. Intermediaries and platforms would also be held to account by a statutory regulator, which can enforce mechanisms which mandate transparency and hold the content host to full account.

Relating specifically to publishers, the Government proposes the following duties:

Record keeping of adverts (here the Government specifically recognises the need not to overburden smaller publishers).

Minimum standards for advertiser identity verification (only where publishers sell inventory direct to advertisers).

Customer empowerment tools.

Regarding the application of these proposed duties to publishers, Government states: ‘Measures suggested for publishers include record keeping, minimum standards for proactive review of content and threats, and customer empowerment tools. Due to the different concerns that relate to some publishers (e.g. freedom and sustainability of the press), a self-regulatory framework as outlined in Option 1 [a continuation of the self-regulatory approach] would likely be most appropriate. Backstopping certain codes related to publishers or applying full statutory regulation to these actors would likely not be appropriate.’

PPA are pleased that the Government has recognised that publishers should not be overburdened, and the acknowledgement that a continuation of the self-regulatory approach would be most appropriate for our industry is welcome.