Changes to the CAP Code
04 March 2011
The digital remit of the CAP Code has now been extended: both the Introduction and the section on ‘How the System Works’ towards the end of the Code have been amended to reflect the change in remit. The Introduction to the Code is where CAP sets out in detail which marketing material is or is not included within the scope of the Code and what criteria are used when interpreting Code rules.
Part I of the Introduction lists the communications to which the Code applies: I h sets out the new digital remit of the Code. Part II lists communications to which the Code does not apply. Many of the exclusions already listed there are relevant on- as well as offline, but the exclusions set out in clauses c, e, p, s and t have particular relevance to digital media: c addresses marketing communications in foreign media; e private classified advertisements online; p website content not addressed by I d (ads in non-broadcast electronic media) and I h (the new extended digital remit); s investor relations; and t heritage advertising. Investor relations material is defined in part III of the Introduction.
The exclusion set out at c (foreign media), is long-standing but has been revised to accord with CAP’s understanding of how the country of origin principle is best accommodated in dealing with websites. The question is how to determine what constitutes a UK website. More commentary is offered on this in CAP’s Q&A, available here.
In part IV, CAP has included a criterion making clear that, in relevant cases, the ASA reserves the right to refer complainants to a statutory regulator if their complaint relates to a Code rule that reflects a legal provision for a regulated product: not all legal provisions relating to digital communications about regulated products are directly reflected in the Code.
‘How the System Works’ is self explanatory in terms of its content, and has been amended to include the new Online Publications Media Panel, which advises on the proper distinction between editorial and advertising in online publications.
The accompanying document Changes to the CAP Code is a marked copy of the relevant sections of the CAP Code, which shows these changes.