Regulating the UK advertising industry - Broadcast
The Committee of Advertising Practice (CAP) is the industry body responsible for the UK’s advertising Codes. CAP’s Broadcast Committee is contracted by the broadcast regulator, Ofcom, to write and enforce the codes of practice that govern TV and radio advertising. The Committee comprises representatives of broadcasters licensed by Ofcom, advertisers, agencies, direct marketers and interactive marketers.
What we cover
We regulate the content of all TV and radio commercials on channels and stations licensed by Ofcom. We also regulate advertising on interactive television services, TV shopping channels and Teletext services.
We don’t, however, cover programme sponsorship, the amount of permitted advertising, the use of commercial breaks (except for advertisement content) or judgements about whether advertising is "political" (and therefore prohibited); those are the responsibility of Ofcom.
The Codes
Two sets of rules apply to broadcast advertisements – a set for TV and another for radio. In broad terms, they state that all types of broadcast advertising shouldn’t mislead, offend or cause harm.
A code of practice that applies specifically to non-broadcast advertisements – the British Code of Advertising, Sales Promotion and Direct Marketing (the CAP Code) – is the responsibility of our Non-broadcast arm. You may download free copies of all the Codes from our website at www.cap.org.uk.
The broadcast advertising rules
In the UK, almost all broadcast advertisements are vetted before transmission as a matter of course
Almost all TV ads are vetted before broadcast by Clearcast, previously the Broadcast Advertising Clearance Centre (BACC).
All national radio commercials and certain special categories of local and regional radio ad are vetted before broadcast by the Radio Advertising Clearance Centre (RACC).
You should consult Clearcast or the RACC when drawing up or submitting proposals for television or radio commercials.
The Advertising Standards Authority (ASA)
Download the ASA's procedures for investigating complaints about broadcast advertising
The ASA is the independent body responsible for handling and resolving complaints about all broadcast and non-broadcast advertisements. It ensures that advertisers abide by the Codes and carries out research on many subjects related to advertising regulation
Decisions on investigated complaints are taken by the ASA Council, which is split into two groups – twelve members adjudicate on non-broadcast complaints and twelve on broadcast complaints. Although some have relevant industry experience, most Council members come from outside the advertising industry.
Whatever the complaint under discussion, the Codes require that advertisers must have proof to back up any advertising claims they have made.
Funding
The ASA’s work regulating broadcast advertising is funded by the advertising industry through a 0.1% levy on advertising airtime – this mirrors the way non-broadcast self-regulation is funded. The money is collected by a separate body, the Broadcast Advertising Standards Board of Finance (Basbof) – so there is no question of the amount of an advertiser’s contribution influencing the ASA’s decision making.
Code policy and monitoring
As well as promoting the Codes and the importance of compliance to the industry, the ASA needs to ensure the Codes are kept up to date. That means making sure they meet the needs of consumers and society and reflect the latest developments in the advertising world, technical and otherwise.
The monitoring side of the ASA’s work involves keeping a watching brief on teleshopping channels, ensuring they are complying with the TV Codes and resolving complaints that arise.
The Advertising Advisory Committee advises CAP Broadcast on any changes it makes to the Codes.
The complaints process
For every complaint the ASA follows a strict process that’s designed to be fair and reasonable and considers all points of view.
Whenever it receives a complaint, the ASA begins by deciding if there is a case to answer under the Codes. Some complaints can be resolved quickly by the ASA. But if the complaint can’t be resolved so easily, a formal investigation may be necessary.
In a formal investigation, evidence must be submitted in writing. If a breach of the Codes seems to have occurred, the ASA executive responsible for handling the complaint writes a recommendation that, after complainants and broadcasters have commented on its factual accuracy, goes to the Council. The Council then decides if there has been a breach of the Codes and, if there has, orders the advertisement to be changed or withdrawn or its scheduling altered.
The ASA’s adjudications are published on its website, www.asa.org.uk, and are made available to the media.
An ad would be suspended before an investigation and adjudication only in rare and very serious cases, for example if harm or detriment could be caused to the public by leaving it on air.
About 10% of complaints each year come from competitors or consumer or pressure groups. They are handled in the same way as consumer complaints, except the complainant needs to provide very compelling grounds for the challenge and the complainant company or organisation will be named in the report.
Once the Council has made a decision, the broadcasters must make sure that the ruling has been followed, whether that means changing the ad, rescheduling it, or withdrawing it altogether.
An Independent Review Procedure is in place to make sure everything is absolutely fair. In the rare instance where a substantial flaw of process or adjudication is apparent or where additional relevant evidence becomes available, the Independent Reviewer of ASA Adjudications can ask the Council to reconsider its original decision.
Setting an example
The UK advertising industry is respected worldwide for the high quality and creativity of its broadcast commercials. Taking action against those who breach the Codes ensures those high standards are maintained.
Sanctions
Broadcasters are obliged by a condition of their Ofcom licences to enforce ASA rulings. If they persistently run ads that breach the Codes, broadcasters risk being referred by the ASA to Ofcom, which can impose fines and even withdraw their licence to broadcast.
Advertisers also suffer consequences if their broadcast ads breach the Codes. They might, for example, face bad publicity generated by an upheld complaint to the ASA. Advertisers might have wasted hundreds of thousands of pounds making the banned advertisement in the first place and lost the revenue that it might have generated. Because broadcasters may not show ads that breach the Codes, advertisers might lose prime advertising slots in which a banned ad has been booked to appear. Advertisements that break the Codes are disqualified from industry awards, denying advertisers and the agencies who created the ads the opportunity to showcase their work.
Keeping in touch
Website and e-newsletter
Our website, www.cap.org.uk, contains lots of advice on meeting the rules as well as news about recent developments at CAP and around the industry. CAP members may access a secure members’ section. At the website you can sign up for a free quarterly newsletter, Update@CAP. There are also links to Clearcast and the RACC.
Download the Codes
Free copies of the Codes are available to download from our website.
A worldwide standard
As a member of the European Advertising Standards Alliance (EASA), the UK advertising industry is setting the benchmark for global advertising standards. EASA is a partnership between self-regulatory organisations and industry bodies that works to co-ordinate and maintain the highest standards across the 25 EU member states. One of its roles is to handle cross-border complaints.
Who to contact
If you would like more information about CAP, its two committees or any other aspect of advertising regulation in the UK, please contact us on:
Telephone: 020 7492 2222
Fax: 020 7242 8159
E-mail: enquiries@cap.org.uk
Post: Committee of Advertising Practice, Mid City Place, 71 High Holborn, London, WC1V 6QT.
For clearance and advice on your ads:
Clearcast (previously the Broadcast Advertising Clearance Centre)
(for TV commercials)
Telephone: 020 7339 4700
Website: www.clearcast.co.uk
Post: 4 Roger Street
2nd Floor
London WC1N 2JX
Radio Advertising Clearance Centre
(for radio commercials)
Telephone: 020 7306 2620
Fax: 020 7306 2645
Website: www.racc.co.uk
E-mail: adclear@racc.co.uk
Post: 77 Shaftesbury Ave, London, W1D 5DU
For pre-publication advice on non-broadcast advertisements, sales promotions and direct marketing, including print, outdoor, cinema and online campaigns, contact the CAP Copy Advice team:
Telephone: 020 7492 2100
Fax: 020 7404 3404
E-mail: copyadvice@cap.org.uk
Post: Committee of Advertising Practice, Mid City Place, 71 High Holborn, London, WC1V 6QT.