Task 12: Code of Practice

The Advertising Standards Authority(ASA) implements the codes of practice for

advertising which were drawn up by the industries themselves.

UK Code of Non-Broadcast Advertising (CAP

Code)
The code applies to:
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.
Posters and other promotional media in public places, including moving images.
Cinema, video, DVD and Blu-ray advertisements.
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.
Marketing databases containing consumers personal information.
Sales promotions in non-broadcast media.
Advertorials (see III k).
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 fund-raising activities.
https://www.cap.org.uk/Advertising-Codes/Non-Broadcast/CodeItem.aspx?
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The central principles of the code.

The ASA Councils interpretation of the Code is final.
If it is not clear whether a communication falls within the remit of the
Code, the ASA will be more likely to apply the Code if the material
complained about is in paid-for space.
Compliance with the Code is assessed according to the marketing
communications probable impact when taken as a whole and in
context. That will depend on the medium in which the marketing
communication appeared, the audience and its likely response, the
nature of the product and any material distributed to consumers.
 The Non-broadcast ASA Council may have regard to decisions made by
the Broadcast ASA Council under the BCAP Code and, similarly, the
Broadcast ASA Council may have regard to decisions made by the Non-
broadcast ASA Council under the CAP Code. Factors that help to
determine whether an ASA adjudication is likely to apply across media
include, but are not limited to, the characteristics of the medium, how
the advertisement is targeted, the context in which a claim is made
and the extent to which the relevant CAP Code provisions correspond
to those in the BCAP Code.
The Code does not have the force of law and its interpretation will
reflect its flexibility. The Code operates alongside the law; the Courts
may make rulings on matters covered by the Code.
An indication of the statutory rules governing marketing
communications is given on www.cap.org.uk; professional advice
should be taken about their application.
No spoken or written communication from the ASA or CAP should be
understood as containing legal advice.
The Code is primarily concerned with the content of advertisements,
promotions and direct marketing communications and not with terms
of business or products. Some rules, however, go beyond content; for
example, those that cover the administration of sales promotions, the
suitability of promotional items, the delivery of products ordered
through an advertisement and the use of personal information in direct
marketing. Editorial content is specifically excluded from the remit of
the Code (see II k) although it might be a factor in determining the
context in which a marketing communication is judged (see IV c)
The Code makes due allowance for public sensitivities but will not be
used by the ASA to diminish freedom of speech unjustifiably.
The ASA does not arbitrate between conflicting ideologies.
In assessing compliance with the Code, the ASA may take account of
honest market practices and the general principle of good faith in the
traders field of activity.
In relevant cases the ASA will have regard to existing statutory
enforcement bodies. The ASA reserves the right to refer complainants
to the relevant statutory regulator in cases where a complaint about a
marketing communication relates to a Code rule that reflects a legal
provision for a regulated product.
https://www.cap.org.uk/Advertising-Codes/Non-
Broadcast/CodeItem.aspx?cscid={88535d35-334f-423e-a56c-
8ba7cc627118}#.WHOUcVOLSUk

The basic rules of compliance for the code

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.
https://www.cap.org.uk/Advertising-Codes/Non-Broadcast/CodeItem.aspx?
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Sections of advertising which the code covers

02 Recognition of Rules about making sure material is clearly identifiable

marketing as marketing communications / advertisements /
communications advertorials.

03 Misleading A key and extensive section of the Code, containing rules

advertising such as substantiation (evidence to prove claims);
pricing; the use of the word free; availability of
products, comparisons, testimonials and more.

04 Harm and offence Rules to ensure that ads do not cause harm or serious or
widespread offence. Includes rules relating to shock
tactics, unsafe practices and photosensitive epilepsy.

05 Children Rules that must be followed if directing ads at children or

featuring them. Includes rules about unsafe practices
and unfair pressure; pester power and sales promotions
for children.

06 Privacy Rules about depicting members of the public; referring to

 people with a public profile; implying endorsement and
the Royal Family.

07 Political Clarification of when the Code applies to political

advertisements advertisements.

08 Promotional An important section about promotions (e.g.

marketing competitions, prize draws, instant wins, front page
flashes, charity promotions etc) and incentive schemes.
The rules cover the administration of the promotion, as
well as the publicity.

09 Distance selling Rules governing marketing communications that allow

readers to place orders without face-to-face contact with
the seller. Covers cancellation; fulfilment of orders and
refunds.

10 Database practice A crucial section for anyone doing direct marketing and
collecting or using customer information. Covers consent
(opt in and opt out), retention of information and
suppression requests.

11 Environmental Rules about making green claims for products or

claims services. Rules cover evidence, the clarity of claims and
life cycle of products.

12 Medicines, medical A high level of scrutiny is applied to marketing

devices, health- communications for such products or treatments. These
related products and rules cover evidence levels (very high levels needed for
beauty products medicinal claims); suitable qualifications for those
claiming to treat; medicines rules; herbal and
homeopathic product rules; cosmetics and hair growth /
loss.

13 Weight control and Rules for ads for weight control, slimming foodstuffs and
slimming aids, including exercise; diets, clinics and medicines.
Rules cover the targeting of ads as well as the content.

14 Financial products Rules for financial marketing communications that are

not regulated by the FCA or Trading Standards.

15 Food, food Rules relating to health and nutrition claims in foodstuffs;

supplements and claims for vitamins and minerals; infant and follow on
associated health or
nutrition claims formula and food and soft drinks marketing to children.

16 Gambling Social responsibility rules for gambling and spread

betting. The rules cover content and targeting are
designed to protect under 18s and the vulnerable.

17 Lotteries Social responsibility rules that apply to lotteries

(including The National Lottery; Gambling Commission
licensed lotteries and locally registered lotteries)

18 Alcohol Social responsibility rules for alcoholic drinks. The rules

cover content and targeting are designed to protect
under 18s and the wider population.

19 Motoring Social responsibility rules for motor vehicles, covering

safety, speed and irresponsible or anti-social driving
behaviours.

20 Employment, Rules that require clarity of the nature of employment

homework schemes and business opportunities, including display of earnings
and business and any commitments required from consumers. Section
opportunities covers employment agencies, homework schemes,
business opportunities, vocational training and
instruction courses.

21 Tobacco, rolling Rules to prevent promotion of smoking via ads for non-
papers and filters tobacco products.

22 Electronic Rules that apply to the marketing communications for

cigarettes electronic cigarettes and related products.

Rules which govern advertising.

Misleading Advertising
Marketing communications must not materially mislead or be likely to do so.
Obvious exaggerations (puffery) and claims that the average consumer who
sees the marketing communication is unlikely to take literally are allowed
provided they do not materially mislead.
Marketing communications must not mislead the consumer by omitting
material information. They must not mislead by hiding material information or
presenting it in an unclear, unintelligible, ambiguous or untimely manner.
 Material information is information that the consumer needs to make informed
decisions in relation to a product. Whether the omission or presentation of
material information is likely to mislead the consumer depends on the context,
the medium and, if the medium of the marketing communication is
constrained by time or space, the measures that the marketer takes to make
that information available to the consumer by other means.
For marketing communications that quote prices for advertised products,
material information [for the purposes of rule 3.3] includes:
o The main characteristics of the product
o The identity (for example, a trading name) and geographical address of
the marketer and any other trader on whose behalf the marketer is
acting
o The price of the advertised product, including taxes, or, if the nature of
the product is such that the price cannot be calculated in advance, the
manner in which the price is calculated delivery charges the
arrangements for payment, delivery, performance or complaint
handling, if those differ from the arrangements that consumers are
likely to reasonably expect that consumers have the right to withdraw
or cancel, if they have that right (see rule 3.55).
Marketing communications must not materially mislead by omitting the identity
of the marketer.
Some marketing communications must include the marketer's identity and
contact details. Marketing communications that fall under the database
practice or employment sections of the code must comply with the more
detailed rules in those sections.
Marketers should note the law requires marketers to identify themselves in
some marketing communications. Marketers should take legal advice.
Subjective claims must not mislead the consumer; marketing communications
must not imply that expressions of opinion are objective claims.
https://www.cap.org.uk/Advertising-Codes/Non-Broadcast/CodeItem.aspx?
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Children
Marketing communications addressed to, targeted directly at or featuring
children must contain nothing that is likely to result in their physical, mental or
moral harm:
Children must not be encouraged to enter strange places or talk to strangers
Children must not be shown in hazardous situations or behaving dangerously
except to promote safety. Children must not be shown unattended in street
scenes unless they are old enough to take responsibility for their own safety.
Pedestrians and cyclists must be seen to observe the Highway Code
Children must not be shown using or in close proximity to dangerous
substances or equipment without direct adult supervision
Children must not be encouraged to copy practices that might be unsafe for a
child
 Distance selling marketers must take care when using youth media not to
promote products that are unsuitable for children.
https://www.cap.org.uk/Advertising-Codes/Non-Broadcast/CodeItem.aspx?
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Gambling
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. No-one 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 anti-social 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.
https://www.cap.org.uk/Advertising-Codes/Non-Broadcast/CodeItem.aspx?
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Alcohol
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.
The only permitted nutrition claims are low-alcohol, reduced alcohol and
reduced energy and any claim likely to have the same meaning for the
consumer.
https://www.cap.org.uk/Advertising-Codes/Non-Broadcast/CodeItem.aspx?
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