Regulating the UK advertising industry - Non-broadcast

The Committee of Advertising Practice (CAP) is the industry body responsible for the UK’s advertising Codes.  CAP’s Non-broadcast Committee writes and enforces the British Code of Advertising, Sales Promotion and Direct Marketing (the Code).  The Committee comprises representatives of advertisers, agencies, media owners and other industry groups, all of which are committed to upholding the highest standards in advertising.

What we cover

 As well as regulating the content of advertisements in print, on posters, in new media and the cinema, we cover all sales promotions, the use of personal data for direct marketing and the delivery of mail order goods or refunds.

These are the areas we don’t cover:

• TV and radio ads (covered by our Broadcast arm)
• Claims companies make on their websites
• Flyposting
• The contents of premium rate services and phone lines
• Most ads that originate outside the UK
• Private classified ads
• Private correspondence (such as letters between companies and their customers)
• Telephone selling
• Editorial content (such as books or newspaper articles)
• Regular competitions such as crosswords
• Packaging, tickets, timetables and price lists

The Code

The Code lays down rules for advertisers to follow.  They state that advertising should not mislead or offend and they cover a range of general subjects such as privacy, prices and availability.  The Code contains specific rules that cover advertising to children and ads for alcohol, motoring, health, beauty, slimming, financial products and employment and business opportunities.

Checking before publication

To find out exactly what the rules allow, you may download a free copy of the Code from our website, www.cap.org.uk.  Or, for an even easier way to make sure your advertising doesn’t fall foul of the rules, you can use our Copy Advice service.

The service is a free, fast and confidential way to check non-broadcast advertising before it is published.  It’s available over the phone or you can go online at www.cap.org.uk, where the AdviceOnline section has Help Notes and checklists and a regularly updated database of useful advice on the rules.

You might find it helpful to keep up to date with all the latest CAP news by registering for Update@CAP, our free quarterly e-mail newsletter.

The Advertising Standards Authority (ASA)

Download the ASA's procedures for investigating complaints under the CAP Code.

The ASA is the independent body responsible for ensuring that advertisers follow the Code.  It handles complaints about broadcast and non-broadcast advertisements 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 – ten members adjudicate on non-broadcast and ten on broadcast complaints.  Although some have relevant industry experience, most Council members come from outside the advertising industry.

Whatever the complaint under discussion, the Code requires that advertisers must have proof to back up any advertising claims they have made.

ASA Funding

The ASA’s work in regulating non-broadcast advertising is funded by the advertising industry through a levy of 0.1% of display advertising costs and 0.2% of Mailsort contracts.  The levy is collected by a separate body, the Advertising Standards Board of Finance (Asbof); that means the ASA never knows how much each advertiser is contributing and there is no question of money influencing its decision-making.

How complaints are handled

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 Code.  Minor breaches can often be resolved by the ASA asking the advertiser to change an ad, remove a customer’s details from the mailing list or make sure undelivered goods or refunds are sent.  But, if the complaint can’t be resolved so easily, a formal investigation may be necessary

In a formal investigation, the advertiser must submit evidence in writing.  The ASA executive responsible for handling the complaint writes a recommendation that, after complainants and advertisers have commented on its factual accuracy, goes to the ASA Council.  The Council then decides if there has been a breach of the Code and, if there has, orders the ad to be changed or withdrawn.  The ASA’s adjudications are published on its website, www.asa.org.uk, and are made available to the media.

Once the Council has made a decision, the advertisers must make sure that the ruling has been followed, whether that means changing the ad or withdrawing it. 

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 good grounds for the challenge and the complainant needs to provide good grounds for the challenge and the complainant organisation will be named in the report.

An Independent Review Procedure is in place to make sure that 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 decision.

What happens if a complaint is upheld

If the Council upholds a complaint, the ad or piece of marketing material must be withdrawn or amended.  The vast majority of advertisers act quickly to make changes or withdraw the offending ad.  For the small minority who don’t, though, there are consequences.

One of the most persuasive is bad publicity – an advertiser’s reputation can be badly damaged if it is seen to be flouting the rules designed to protect consumers.

CAP can issue Ad Alerts to its members, including the media, advising them to withhold services such as access to advertising space.

CAP members can revoke, withdraw or temporarily withhold recognition and trading privileges.  For example, Royal Mail can withdraw its bulk mail discount.

Persistent offenders can be required to have their marketing material vetted before publication.  CAP’s poster industry members can invoke mandatory pre-vetting for advertisers who have broken the CAP Code on taste and decency or social responsibility – the pre-vetting usually lasts for two years.

In the most severe cases, the ASA Director General can refer problem advertisers to the OFT for legal proceedings.

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.

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 of 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.

Contact us

For pre-publication advice on non-broadcast advertising, sales promotions and direct marketing, including print, outdoor, cinema and online campaigns, contact the CAP Copy Advice team:

Telephone:  020 7492 2210

Fax: 020 7404 3404

E-mail: copyadvice@cap.org.uk

Post: Committee of Advertising Practice, Mid City Place, 71 High Holborn, London, WC1V 6QT.