Code Review

On 26 March 2009, CAP and BCAP published their consultation on the Codes that regulate non-broadcast and broadcast advertisements. The consultation was open for three months. It set out the Committee's review of the existing Codes and their proposals to ensure that the new Codes are relevant and fit for purpose. The consultations closed on 19 June. CAP and BCAP have now begun the process of evaluating responses with a view to publishing the finalised Codes in Quarter 4, 2009.

The Code Review built on the success of the one-stop shop for advertising regulation, which was established in 2004 with the creation of BCAP and the broadcast arm of the Advertising Standards Authority, ASA(B). It drew on the same principles, seeking to clarify and to update the regulatory process to ensure that consumers are afforded the greatest possible protection and means of redress, that marketers and broadcasters have a set of rules that are consistent, robust, practical and responsive to changes in society and that the UK retains an environment in which responsible advertising can flourish.

CAP and BCAP sought to reflect and respond to change but remained mindful of the enduring value of the principles behind the success of the self-regulatory system: advertisements should not mislead or cause serious or widespread offence or harm, especially to children or the vulnerable, and advertisements should be prepared with a sense of responsibility to consumers and to society. Indeed, one of the most significant proposals made in the consultation was to introduce a general principle of social responsibility to the BCAP Code, a principle that would give the ASA the flexibility to clamp down on all forms of irresponsible advertising in both broadcast and non-broadcast media.

By and large the proposed Codes reflected the Codes they will replace. The proposed Codes are simpler, better laid-out and easier to follow, more user-friendly in lots of ways. And BCAP has brought together the four existing broadcast Codes into one Code. CAP and BCAP have a stated preference to maintain continuity; in large part that is because the Codes are not broken, so a need to fix them does not arise. Compliance rates with the present Codes are very high and a change for change’s sake might unnecessarily confuse advertisers, agencies and media owners, who must comply with them.

CAP and BCAP proposed to maintain distinct non-broadcast and broadcast Codes. Broadcast media have a unique place in the family home and the family car and their power has long been recognised in broadcast legislation. The law requires and society expects that broadcast material is suitably regulated, in other words that regulation takes account of the characteristics of TV and radio.

The CAP Code, on the other hand, is media-neutral. It sets standards that apply to a wide variety of non-broadcast media, which are typically targeted at and appeal to a particular demographic. No equivalent dedicated legislation exists for non-broadcast marketing communications. Society nevertheless expects that all marketing communications, no matter where they appear, will not mislead, harm or offend and that children and the vulnerable will be suitably protected.

The decision to maintain distinct Codes recognises those fundamental differences and ensures that regulation of advertisements in both media sectors is proportionate.

CAP and BCAP will publish their evaluation of responses to the consultation when they have completed a thorough and objective review of the significant points raised by all respondents. The new Codes will then follow, providing the basis on which the ASA will adjudicate until such time as the next Code Review is deemed necessary.

Visit Closed consultation section for further details on the CAP and BCAP Code Review consultations.