The BCAP Radio Advertising Standards Code sets out the rules that govern advertisements on any radio station licensed by Ofcom. The rules are framed to ensure that advertisements are ‘legal, decent, honest and truthful’ and do not mislead or cause harm or serious or widespread offence.

Since 1 November 2004, the Code has been the responsibility of the Broadcast Committee of Advertising Practice (BCAP) under contract from the broadcasting and telecommunications regulator Ofcom.

Information about BCAP is available on the BCAP section of the CAP website, www.cap.org.uk.

Ofcom took over the responsibilities of the former Radio Authority in December 2003. Under the Communications Act 2003, Ofcom was encouraged towards contracting-out functions to a co-regulatory partnership with effective self-regulation.

After public consultation and parliamentary approval, Ofcom has authorised BCAP to take responsibility for maintaining, reviewing and updating the Code.

Complaints about apparent breaches of the Code are considered by the Advertising Standards Authority (ASA), through its broadcasting arm ASA(B), and references to the ASA in this Code should be read as references to the broadcasting arm. Complaints to the ASA can be made via www.asa.org.uk.

The Code is an updated edition of the former Radio Authority’s Advertising and Sponsorship Code. Provisions relating to product placement (paragraph 2 of Section One), sponsorship (paragraph 3 of Section One) and unreasonable discrimination in favour of or against an advertiser (paragraph 2 of Section Two) have been omitted: product placement, sponsorship and unreasonable discrimination remain the direct responsibility of Ofcom. Please see Section Nine of the Ofcom Broadcasting Code and Section One, Rule 3 of this Code.  The changes reflect the new co-regulatory partnership between Ofcom, the ASA and BCAP. Reference in the previous Code to the Radio Authority have been reviewed and, where necessary, changed to BCAP, Ofcom or the ASA. A new provision for Independent Review of ASA adjudications is also included. Otherwise, this is the same Code as the former Radio Authority Code.

Advertisers and broadcasters should also be aware of BCAP’s Broadcast Advertising Guidance Note No 3: ASA Complaints procedures.