Compliance
UK Watchdog Turns Its Gaze To Social Media Financial Promotions; Mixed Reactions

The UK financial watchdog wants to clarify how it controls the way financial and investment firms promote their wares on social media – provoking a mixed reaction from the industry.
The UK financial watchdog wants to clarify how it controls the
way financial and investment firms promote their wares on social
media – provoking a mixed reaction from the industry.
With platforms such as Facebook and Twitter increasingly a staple
part of business as well as social life, the Financial
Conduct Authority said it wants to set out how this
fast-growing field should be supervised to prevent possible
abuses.
“The FCA sees positive benefit from using social media but there
has to be an element of compliance. Primarily, what firms do on
social media must ensure customers are at the heart of their
business,” Clive Adamson, director of supervision at the FCA,
said in a statement yesterday.
The significance of social media can be underlined by some
statistics: In 2025, the Generation Y cohort that is well used to
these channels will hold 46 per cent of wealth in the US.
McKinsey, the consultants, have reported that social media can
unlock a collective £772 billion ($1.3 billion) in value for
business – about the same size as the GDP of Spain. (Source:
Social Media Charter.)
Adamson continued: “Our overall approach is that financial
promotions, whether on social media or traditional media, should
be fair, clear and not misleading. We have had extensive industry
engagement on this issue and we believe our guidance is a
sensible approach that doesn’t affect industry’s ability to
innovate using new forms of media.”
The FCA said its overall approach is that the financial promotion
rules should be “media-neutral” to ensure consumers are presented
with certain minimum information, in a “fair and balanced way”,
at the outset of firms’ interaction with them. The FCA insisted
it does not want to stop the use of social media by financial
firms.
The consultation examines promotions of financial products; the
fact that each communication (such as tweet or Facebook
insertion) must be considered individually, and risk warnings and
other required statements. It also looks at “image advertising”,
where the FCA reminds firms that they can advertise their
presence in the market in a way which is unlikely to present
difficulties with character limits.
The consultation closes on 6 November 2014.
Bovill, a consultancy on financial rule compliance issues, says
the FCA consultancy will add to, not reduce, confusion about how
firms can promote their wares.
“Crowdfunding platforms and other financial services firms have
been left completely in the dark until now about how they should
use social media to market their investments,” Gillian
Roche-Saunders, head of venture finance at Bovill, said in a
statement.
“Firms have been forced to apply out-of-date guidance that was
intended for traditional adverts to promotions on social media
that reach consumers directly and create new challenges like
keeping a promotion to 140 characters,” she said.
“It is good to see the FCA grappling with the challenges of firms
of communicating with younger audiences through social media, but
today’s guidance from the FCA does not go far enough. The lack of
detailed proposals is likely to lead to confusion among firms and
inconsistencies on how they apply the rules,” she said.
Bovill said the FCA has not provided enough specific guidance to
firms on issues such as the prominence of risk warnings; how
single tweets can be “standalone compliant”, which means
complying with all the financial promotion rules without any
additional material, like extra tweets or a link to more
information. Bovill said new rules would leave firms just 40
characters to describe their product for the tweet to be fully
compliant.
A group called the Social Media Charter, created in 2013 between
the FCA and 15 large financial services firms, welcomed
yesterday’s move, however. Kitty Parry, its chief executive and
founder, said: “We wholeheartedly support the FCA’s mission to
ensure firms can function in this space, and the charter takes
this one step further by setting the standard for excellence in
compliant social media. With world-class legal training and
listening developed by our barristers and social media experts,
firms can ensure data capture for product innovation.”