Self-regulation

The self-regulatory rules – officially known as the British Code of Advertising, Sales Promotion and Direct Marketing (the CAP Code) - is specific to non-broadcast media and therefore includes advertising in cinemas and newspapers, on billboards as well as on the internet.

The Code states that all marketing communications should be legal, decent, honest and truthful. It should not cause serious or widespread offence, exploit a consumer’s inexperience, mislead, cause fear or distress, condone or encourage unsafe practice or violence.

I. What aspects of online advertising does the self-regulatory Code cover?

• Emails, text messages and other electronic material.
• Paid-for display adverts (e.g. banner ads).
• Sales and advertisement promotions.
• The Code is not specific on, but includes, paid-for search listings, viraladvertising, in-game advertising, advergames (as part of a paid for ad), pre-roll and video display advertising, engagement marketing, tenancies, search listings on pay-per-click price comparison websites and advertising within mobile multi-media services (MMS).
• The Code does not cover editorial content, website content (except sales & advertisements in paid for space), marketing communications in foreign media, classified private advertisements and premium rate services.

The Code has specific rules for a number of particular areas. These include age-restricted products (e.g. alcohol and betting/gaming), marketing to children (including unhealthy food), motoring, environmental claims, health and beauty products and therapies, weight control, employment and financial products.

Alcohol Advertising

The CAP Code contains specific rules for advertising alcohol products (those that exceed 1.2 per cent in alcohol volume). They must not be directed at people under the age of 18 years and, if a medium (e.g. website) has an audience share of children under the age of 18 years greater than 25 per cent, then it must not carry any alcohol product marketing or advertising. In addition to this, marketing communications of alcoholic products must not be portrayed as having therapeutic qualities, mood changing abilities, enhancing confidence or performance, or be linked with seduction/sexual prowess.

Marketing to Children

The CAP Code has stringent rules for marketing communications addressed or targeted to a child under the age of 16 years. For example, it must not contain anything that is likely to result in their physical, mental or moral harm or exploit their credulity, loyalty, vulnerability or lack of experience. The Code prevents marketing communications from condoning or encouraging poor nutritional habits or an unhealthy lifestyle in children. It goes even further by implementing strict rules for advertising directed at pre-school or primary school children. Except for fresh fruit or fresh vegetables, food or drink advertisements for this age group should not include promotional offers and should not include licensed characters or celebrities popular with children.

The vast majority of advertisers abide by the Code. However, in some cases, where a complaint is upheld and the advert is not taken down voluntarily, the ASA may impose sanctions to enforce compliance.

II. What sanctions does the ASA use to enforce the Code?

• Weekly publication of the ASA’s rulings bringing adverse publicity for the advertiser.
• CAP ad alerts advising its members to withhold services - such asadvertising space - to those who do not comply.
• Revoking CAP member trading privileges and recognition, e.g. direct mail discounts.
• Pre-publication vetting for persistent offenders.
• Referring the advertiser to The Office of Fair Trading (OFT) to legally force the advert to be withdrawn.

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