CAP code

What the code applys to:

a. advertisements in newspapers, magazines, brochures, leaflets,
circulars, mailings, e-mails, text transmissions (including SMS and MMS),
fax transmissions, catalogues, follow-up literature and other electronic or
printed material
b. posters and other promotional media in public places, including moving
images
c. cinema, video, DVD and Blu-ray advertisements
d. advertisements in non-broadcast electronic media, including but not
limited to: online advertisements in paid-for space (including banner or
pop-up advertisements and online video advertisements); paid-for search
listings; preferential listings on price comparison sites; viral
advertisements (see III l); in-game advertisements; commercial classified
advertisements; advergames that feature in display advertisements;
advertisements transmitted by Bluetooth; advertisements distributed
through web widgets and online sales promotions and prize promotions
e. marketing databases containing consumers personal information
f. sales promotions in non-broadcast media
g. advertorials (see III k)
h. Advertisements and other marketing communications by or from
companies, organisations or sole traders on their own websites, or in other
non-paid-for space online under their control, that are directly connected
with the supply or transfer of goods, services, opportunities and gifts, or
which consist of direct solicitations of donations as part of their own fundraising activities.
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What are the central principals of the code?

The central principle for all marketing communications is that they should
be legal, decent, honest and truthful. All marketing communications

should be prepared with a sense of responsibility to consumers and

society and should reflect the spirit, not merely the letter, of the Code.
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What are the basic rules of compliance of the code?

1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.7.
1
1.8

1.8.
1
1.9

Marketing communications should be legal, decent, honest and

truthful.
Marketing communications must reflect the spirit, not merely the
letter, of the Code.
Marketing communications must be prepared with a sense of
responsibility to consumers and to society.
Marketers must comply with all general rules and with relevant
sector-specific rules.
No marketing communication should bring advertising into disrepute.
Marketing communications must respect the principles of fair
competition generally accepted in business.
Any unreasonable delay in responding to the ASAs enquiries will
normally be considered a breach of the Code.
The full name and geographical business address of the marketer
must be given to the ASA or CAP without delay if requested.
Marketing communications must comply with the Code. Primary
responsibility for observing the Code falls on marketers. Others
involved in preparing or publishing marketing communications, such
as agencies, publishers and other service suppliers, also accept an
obligation to abide by the Code.
Rules in Appendix 3 apply only to third parties as defined. If the ASA
is unable to identify the relevant third party, the advertiser - on
behalf of whom the OBA advertisement is delivered to web users must, in good faith, co-operate with the ASA to help determine the
identity of the third party.
Marketers should deal fairly with consumers.

Legality
Marketers have primary responsibility for ensuring that their
1.10 marketing communications are legal. Marketing communications
should comply with the law and should not incite anyone to break it.
1.10. Marketers must not state or imply that a product can legally be sold
1
if it cannot.
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List all of the different sections of advertising which the

code covers:
1. Compliance
2. Recognition of marketing communication
3. Misleading advertising
4. Harm and offence
5. Children
6. Privacy
7. Political advertisement
8. Sales promotions
9. Distance selling
10.
Database practise
11.
Environmental claims
12.
Medicines, medical devices, health related products and
beauty products
13.
Weight control and slimming
14.
Financial support
15.
Food, food supplements and associated health or nutrition
claims
16.
Gambling
17.
Lotteries
18.
Alcohol
19.
Motoring
20.
Employment, homework schemes and business opportunities
21.
Tobacco, rolling papers and filters
22.
Electronic cigarettes

Pick four sections and give more details about the rules
which govern advertising in those sections.
Section 1: alcohol:
Rules:

Marketing communications
must be socially responsible
and must contain nothing
that is likely to lead people to
adopt styles of drinking that
are unwise. For example, they
should not encourage
excessive drinking. Care
should be taken not to exploit
the young, the immature or

those who are mentally or

socially vulnerable.

Marketing communications
must not claim or imply that
alcohol can enhance
confidence or popularity.

Marketing communications
must not imply that drinking
alcohol is a key component of
the success of a personal
relationship or social event.
The consumption of alcohol
may be portrayed as sociable
or thirst-quenching.

Drinking alcohol must not be

portrayed as a challenge.
Marketing communications
must neither show, imply,
encourage or refer to
aggression or unruly,
irresponsible or anti-social
behaviour nor link alcohol
with brave, tough or daring
people or behaviour.

Marketing communications
must neither link alcohol with
seduction, sexual activity or
sexual success nor imply that
alcohol can enhance
attractiveness.

Marketing communications
must not imply that alcohol
might be indispensable or
take priority in life or that
drinking alcohol can
overcome boredom,

loneliness or other problems.

Marketing communications
must not imply that alcohol
has therapeutic qualities.
Alcohol must not be
portrayed as capable of
changing mood, physical
condition or behaviour or as a
source of nourishment.
Marketing communications
must not imply that alcohol
can enhance mental or
physical capabilities; for
example, by contributing to
professional or sporting
achievements.

Marketing communications
must not link alcohol to illicit
drugs.

Marketing communications
may give factual information
about the alcoholic strength
of a drink. They may also
make a factual alcohol
strength comparison with
another product, but only
when the comparison is with
a higher-strength product of a
similar beverage.

Marketing communications
must not imply that a drink
may be preferred because of
its alcohol content or
intoxicating effect. There is
an exception for low-alcohol
drinks, which may be
presented as preferable
because of their low alcoholic

strength.

In the case of a drink with

relatively high alcoholic
strength in relation to its
category, the factual
information should not be
given undue emphasis.

Marketing communications
that include a sales
promotion must not imply,
condone or encourage
excessive consumption of
alcohol.

Marketing communications
must not feature alcohol
being handled or served
irresponsibly.

Marketing communications
must not link alcohol with
activities or locations in which
drinking would be unsafe or
unwise.

Marketing communications
must not link alcohol with the
use of potentially dangerous
machinery or driving.
Marketing communications
may feature sporting and
other physical activities
(subject to other rules in this
section; for example, appeal
to under-18s or link with
daring or aggression) but
must not imply that those
activities have been
undertaken after the

consumption of alcohol.

Only in exceptional
circumstances may marketing
communications feature
alcohol being drunk by
anyone in their working
environment.

Marketing communications
must not be likely to appeal
particularly to people under
18, especially by reflecting or
being associated with youth
culture. They should not
feature or portray real or
fictitious characters who are
likely to appeal particularly to
people under 18 in a way that
might encourage the young
to drink. People shown
drinking or playing a
significant role (see rule
18.16) should not be shown
behaving in an adolescent or
juvenile manner.

Marketing communications
must not be directed at
people under 18 through the
selection of media or the
context in which they appear.
No medium should be used to
advertise alcoholic drinks if
more than 25% of its
audience is under 18 years of
age.

People shown drinking or

playing a significant role must

neither be nor seem to be

under 25. People under 25
may be shown in marketing
communications, for
example, in the context of
family celebrations, but must
be obviously not drinking.

Marketing communications
may give factual information
about product contents,
including comparisons, but
must not make any health,
fitness or weight-control
claims.

Section 2: lotteries:
Rules:

Marketing communications must not portray, condone or encourage gambling behaviour

that is socially irresponsible or could lead to financial, social or emotional harm.

Marketing communications must not suggest that participating in a lottery can provide an
escape from personal, professional or educational problems such as loneliness or
depression.

Marketing communications must not suggest that participating in a lottery can be a

solution to financial concerns, an alternative to employment or a way to achieve financial
security. Advertisers may, however, refer to other benefits of winning a prize.

Marketing communications must not portray participating in a lottery as indispensable or

as taking priority in life; for example, over family, friends or professional or educational
commitments.

Marketing communications must neither suggest peer pressure to participate nor

disparage abstention.

Marketing communications must not suggest that participating in a lottery can enhance
personal qualities, for example, that it can improve self-image or self-esteem, or is a way

to gain control, superiority, recognition or admiration.

Marketing communications must not link participating in a lottery to seduction, sexual

success or enhanced attractiveness.

Marketing communications must not portray participation in a context of toughness or

link it to resilience or recklessness.

Marketing communications must not suggest participation is a rite of passage.

Marketing communications must not suggest that solitary gambling is preferable to social
gambling.

Marketing communications for lotteries that can be participated in only by entering

gambling premises must make that condition clear.

Marketing communications for lotteries must not exploit the susceptibilities, aspirations,
credulity, inexperience or lack of knowledge of children, young persons or other
vulnerable persons.

Marketing communications for lotteries must not be likely to be of particular appeal to

children or young persons, especially by reflecting or being associated with youth
culture.

Marketing communications for lotteries should not be directed at those aged under 16
years through the selection of media or context in which they appear.

Marketing communications for a lottery product may include children or young persons.
No-one who is, or seems to be, under 25 years old may be featured gambling or playing
a significant role.

Marketing communications that exclusively feature the good causes that benefit from a
lottery and include no explicit encouragement to buy a lottery product may include
children or young persons in a significant role.

Marketing communications for lotteries must not exploit cultural beliefs or traditions about
gambling or luck.

Marketing communications for lotteries must not condone or encourage criminal or

antisocial behaviour.

Marketing communications for lotteries must not condone or feature gambling in a

working environment (an exception exists for workplace lottery syndicates and gambling

premises)

Section 3: gambling:
Rules

Marketing communications for gambling

must be socially responsible, with
particular regard to the need to protect
children, young persons and other
vulnerable persons from being harmed
or exploited.

In line with rule 1.2, the spirit as well as

the letter of the rules in this section
apply whether or not a gambling
product is shown or referred to.

Marketing communications must not:

portray, condone or encourage

gambling behaviour that is socially
irresponsible or could lead to financial,
social or emotional harm

exploit the susceptibilities, aspirations,

credulity, inexperience or lack of
knowledge of children, young persons
or other vulnerable persons

suggest that gambling can provide an

escape from personal, professional or
educational problems such as
loneliness or depression

suggest that gambling can be a solution

to financial concerns, an alternative to
employment or a way to achieve
financial security

portray gambling as indispensable or as

taking priority in life; for example, over
family, friends or professional or
educational commitments

suggest that gambling can enhance

personal qualities, for example, that it
can improve self-image or self-esteem,
or is a way to gain control, superiority,
recognition or admiration

suggest peer pressure to gamble nor

disparage abstention

link gambling to seduction, sexual

success or enhanced attractiveness

portray gambling in a context of

toughness or link it to resilience or
recklessness

suggest gambling is a rite of passage

suggest that solitary gambling is

preferable to social gambling

be likely to be of particular appeal to

children or young persons, especially
by reflecting or being associated with
youth culture

be directed at those aged below 18

years (or 16 years for football pools,
equal-chance gaming [under a prize
gaming permit or at a licensed family
entertainment centre], prize gaming [at
a non-licensed family entertainment
centre or at a travelling fair] or Category
D gaming machines) through the
selection of media or context in which

they appear

include a child or a young person. Noone who is, or seems to be, under 25
years old may be featured gambling or
playing a significant role. No-one may
behave in an adolescent, juvenile or
loutish way.

Individuals who are, or seem to be

under 25 years old (18-24 years old)
may be featured playing a significant
role only in marketing communications
that appear in a place where a bet can
be placed directly through a
transactional facility, for instance, a
gambling operators own website. The
individual may only be used to illustrate
specific betting selections where that
individual is the subject of the bet
offered. The image or other depiction
used must show them in the context of
the bet and not in a gambling context.

exploit cultural beliefs or traditions

about gambling or luck

condone or encourage criminal or antisocial behaviour

Condone or feature gambling in a

working environment. An exception
exists for licensed gambling premises.

Marketing communications for family

entertainment centres, travelling fairs,
horse racecourses and dog race tracks,
and for non-gambling leisure facilities
that incidentally refer to separate
gambling facilities, for example, as part
of a list of facilities on a cruise ship,
may include children or young persons

provided they are accompanied by an

adult and are socialising responsibly in
areas that the Gambling Act 2005 (as
amended) does not restrict by age.

Marketing communications for events

or facilities that can be accessed only
by entering gambling premises must
make that condition clear

Section 4: tobacco:
Rules

Tobacco products

Tobacco products may not be advertised to the public.

Rolling papers and filters

Marketing communications for rolling papers or filters

must neither encourage people to start smoking nor
encourage people who smoke to increase their
consumption.

Marketing communications for rolling papers or filters

must not:

play on the susceptibilities of those who are physically or

emotionally vulnerable, especially the young or immature

suggest that smoking is natural, safe, popular, glamorous

or aspirational or that it can lead to social, sexual,
romantic or business success

suggest that smoking can enhance peoples femininity,

masculinity or appearance

appeal to the adventurous or rebellious or suggest that it

is daring to smoke or that smoking can enhance peoples

independence

link smoking with people who are well known, wealthy,

fashionable, sophisticated or successful or who possess
other attributes or qualities that may reasonably be
expected to command admiration or encourage emulation

must not suggest that smoking is healthy, can be enjoyed

as part of a healthy lifestyle or that it can aid relaxation or
concentration.

Marketing communications for rolling papers or filters

must not depict anyone smoking.

Marketing communications for rolling papers or filters

must not be targeted at, or be likely to appeal to, people
under 18. Anyone depicted in a marketing communication
for rolling papers or filters must be, and be seen to be,
over 25. No medium may be used to advertise rolling
papers or filters if more than 25% of its audience is or is
likely to be males under 18 years of age or females under
24 years of age. No direct marketing communication for
rolling papers or filters may be distributed to males under
18 years of age or females under 24 years of age.

Marketing communications for rolling papers or filters

must not condone or encourage the use of illegal drugs.
Except in exceptional circumstances, for example, in the
context
of an anti-drug message, any reference to illegal drugs
will be regarded as condoning their use.

Marketing communications for rolling papers or filters

must not be sexually titillating.