INTRODUCTION

(a) This Code applies to all the Ofcom licensees listed below¹ and is designed to inform advertisers and broadcasters of the standards expected in television advertising. It is based on fenduring principles; that advertising should not mislead, cause deep or widespread offence or lead to harm, particularly to the vulnerable.

(b) It is the responsibility of the broadcasters themselves to ensure the advertising they transmit complies with both the spirit and the letter of the Code. Licensees must therefore satisfy Ofcom that they themselves have the staff and procedures to manage compliance. Clearcast can offer its clients a useful pre-transmission advertising checking and approval service (including Notes of Guidance). However, not all licensees use the service and its use does not remove the licensee’s own responsibility.

(c) This Code was updated in 2002 on the basis of wide consultation and with the aim of making it simpler and easier to use. Each group of rules – whether, for example, on editorial independence, misleadingness or particular types of advertising – is grouped with a note of explanation about their rationale and any exceptions. These explanatory notes also offer definitions, cross-references and guidance intended to help advertisers and licensees avoid common pitfalls.

(d) BCAP is willing to give advice on the interpretation of the Code but it does not offer pre-transmission clearance of advertising. Any advice it gives is without prejudice to the right of both it and the ASA to investigate and act in the event of a breach. BCAP cannot accept liability for loss or damage alleged to result from reliance placed on such advice.

(e) Licensees should use the ASA or CAP website, www.asa.org.uk and www.cap.org.uk to inform themselves of recent ASA Adjudcations or BCAP Policy interpretations of the Code and ads that raised significant issues and which were indentified either by staff monitoring or as a result of complaints.  In borderline cases, if the ASA decides intervention is not justified, it may conclude "complaint not upheld (or not intervention) but guidance given".  The guidance will indicate the factors which made the case borderline and which, if circumstances were slightly different in future cases, might result in a requirement to remove or modify the advertisement or restrict its times of transmission.

(f) Given the frequency of repetition of many advertisements, anything misleading or harmful needs to be quickly dealt with. The ASA will on occasion require the suspension of an advertisement during investigation of the case, and before the adjudication is finalised.

(g) For the purposes of the Code, 'licensees' means Ofcom licensees and the terms 'advertisement' and 'advertising' mean any publicity by advertisers in breaks during or between programmes.  This is irrespective of whether payment is made.  The rules also apply to 'teleshopping' channels, windows and spots.

(h) The protection of young viewers is always a priority. Section 7 (Children) should be considered for all advertising which:

• is aimed at children or is likely to be of interest to them

• features children whether as professionals or amateurs

• could harmfully influence children even if not of direct interest to them.

(i) Some rules which are to be found in Code Sections dedicated to particular categories of products or services (such as alcoholic drinks, medicines or food) also apply to any advertising which includes or refers to them. The phrasing of such rules omits the product category in order to indicate their wider scope: (‘No advertising may...’; ‘Advertisements must...’ etc).

(j) For more detailed guidance on the statutory framework for television advertising, see Appendix 1.