BCAP (Broadcast)

The Broadcast Committee of Advertising Practice (BCAP) is responsible for writing and reviewing the advertising Codes for television and radio advertisements.

CAP Broadcast logoRole

The Communications Act (2003) saw the set-up of the Office of Communications (Ofcom) to regulate all telecommunications. The success of CAP and the regulation of print ads led to Ofcom contracting out the regulation of broadcast advertising to the ASA and the formation of the co-regulatory Broadcast Committee of Advertising Practice.

BCAP writes and updates the Advertising Codes for TV and Radio with the aim of preventing ads from being misleading, causing harm or offence, and breaching boundaries of taste and decency.

Members

Like its sister organization on the non-broadcast side, the Broadcast Committee of Advertising Practice is a tripartite body. It comprises representatives of broadcasters licensed by Ofcom, advertisers, agencies, direct marketers and interactive marketers.

BCAP members

Advertising Association
British Sky Broadcasting Limited
Channel 4 Television Corporation 
Direct Marketing Association
Electronic Retailing Association UK
Five.TV
GMTV Limited
Incorporated Society of British Advertisers
Institute of Practitioners in Advertising
ITV plc
RadioCentre
S4C
Satellite & Cable Broadcasters’ Group
Teletext Limited
Virgin Media TV

Clearcast (formerly BACC)
Radio Advertising Clearance Centre

Independent Consumer Panel - Advertising Advisory Committee (AAC)

The Advertising Advisory Committee (AAC) is a consumer panel established by BCAP to provide a consumer perspective to its code policy work, such as the drafting and interpretation of BCAP’s TV and Radio Codes.

The AAC members are independent of the advertising industry and appointed following public advertisement:

Elizabeth Filkin (Chair)
John Bradford 
Andrew Brown
Colin Cameron
Dr Michaela Jordan
Stephen Locke 
Angela McNab
Dr Michael Wilks

In 2008, the Advertising Advisory Committee (AAC) met seven times. As well as advising BCAP on its proposed Broadcast Code, it considered the Audio-visual Media Services Directive, the Consumer Protection Regulations (CPRs), the Nutrition and Health Claims Regulation, Participation TV, non-broadcast interactive on-screen ads and the application of the scheduling restrictions to ads for HFSS foods. The AAC also devoted significant time to the review of the existing BCAP Codes and the proposed single Code for all broadcast advertisements prior to the launch of the proposals for public Consultation.

You can read the update on the AAC’s work in the 2008 Annual Report

Industry Panels

The ad industry is central to the success of the self-regulatory system and in addition to the bodies who make up CAP and BCAP, the system receives invaluable support though two industry panels:

Sales Promotion and Direct Response Panel (SPDRP) 

General Media Panel (GMP) 

As the name suggests, the SPDRP concerns itself with sales promotions and direct marketing.  It advises on non-broadcast advertising only. Read more about SPDRP and its members under the CAP (non-broadcast) section.

The GMP’s composition means it can consider both broadcast and non-broadcast matters.

The role of the Panels is to provide industry expert advice on the interpretation and development of the Advertising Codes and a forum for information exchange between the industry and the ASA and CAP Executive. It is often an opportunity for marketers to have industry representatives review an aspect of an investigation and to feed into the decision-making process. Although consideration is given to its recommendations and the Minutes of the meeting will be given to the ASA Council if relevant, the Panel’s opinion is not binding on either the Executive or the ASA Council.

The Panels may be asked to discuss a recommendation before the ASA Executive gives it to Council, specific copy advice, the application of a Code clause, the interpretation of a claim, common industry practice or other general regulatory subjects. The Executive may use the Panels to help draft Help Notes or revisions to the Codes for the consideration of CAP and BCAP. The Panel will almost never consider scientific or highly specialised evidence: it leaves those matters to the experts.

Each Panel is made up of a Chairman, an ASA Council representative, about ten marketing or media practitioners, the Secretary (Director of Advertising Policy and Practice) and an Assistant Secretary (the CAP Compliance Manager for the SPDR and the Copy Advice Manager for the GMP). The Panel is quorate only when it comprises the Chairman or a stand-in Chairman and four other members.

The Chairman of each panel is appointed by the Chairman of CAP and BCAP and usually serves for around three to four years. He or she selects members of the Panel in consultation with the Secretary and they exercise their discretion in rotating members off the Panel to ensure continuity, a balance of representation and an overlap of expertise. The Chairman of the GMP is Farah Ramzan Golant. The Chairman of SPDRP is Philip Circus.

The scope of the Panels’ work is wide-ranging.  They have, for example, considered issues of social responsibility in alcohol and gambling ads and also in sales promotions, the independent judging and observing of prize draws and competitions, nutritional claims in food ads, RRPs, online remit for promotions and remit related to affiliate marketing, general and specific Code development matters and the application of the new Consumer Protection from Unfair Trading Regulations.  

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Gambling advertising seminar

9 September - designed to update marketers in the gambling industry on the latest guidance and recent ASA rulings to help ensure marketing communications comply with the Advertising Codes.

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