In 2026, a large proportion of the advertising that the Advertising Standards Authority regulates is captured online. However, as with anything, this has to start somewhere and the ASA did not regulate company websites or non-paid for online space under producer control until March 2011. The Portman Group’s regulatory remit is defined as:
The Code applies to the naming, packaging, marketing and promotional activity undertaken by a drink’s producer for an alcoholic drink which is marketed for sale and consumption in the UK, where such activity is primarily UK-targeted, and is not already subject to regulation through the ASA or Ofcom.
This aspect of the Portman Group’s regulatory remit is perhaps less well-known but essentially ensures that if there is a marketing medium that is not captured by the ASA or Ofcom, it will be captured by the Portman Group so that there are no regulatory gaps or oversights in the self-regulatory system. A key benefit of any self-regulatory framework is the flexibility and pace at which it can adapt and when regulating innovative and creative industries that encompass marketing and advertising this is critical.
Therefore, prior to the ASA’s regulation of non-paid for online space under producer control, the Portman Group regulated some digital advertising. In 2008 this resulted in a rare case that saw the Independent Complaints Panel consider a ‘mugshot’ section of a WKD website where pictures were posted of consumers at WKD events.
Alcohol Concern complained that the pictures featured included consumers holding WKD products in scenarios that created an association with sexual and social success.
The Panel noted that several of the photographs showed groups posing for the camera while drinking WKD. In some cases, these groups would be huddled together and would be ‘playing up’ for the camera with funny faces and poses, including some that were sexually suggestive. The Panel considered that the invitation to pose for a photograph in a licensed venue was likely to cause these reactions. The Panel was concerned that the effect was to imply close bonding, popularity and a good time, were all very closely linked to the WKD brand. While it was acceptable to portray drinking as sociable, the Panel considered that some of the photographs, because of the above elements, went further and suggested that consumption of WKD could lead to social and sexual success and upheld the complaint.
In light of the Panel’s decision, the producer agreed to remove the mugshots section of the website. The decision is one that shows the earlier examples of producer online marketing and how they were navigating what would become a key area of advertising.