New CAP Code Launched 4 March
25 October 2004
The Committee of Advertising Practice (CAP) launched the 11th edition of the CAP Code - the rules administered by the Advertising Standards Authority (ASA) that govern the content of UK non-broadcast marketing communications - on 4 March 2003.
Not only are all rules merged for the first time into one Code, but the increasing importance of direct marketing is acknowledged in the new full name of the CAP Code: 'The British Code of Advertising, Sales Promotion and Direct Marketing'. The use of the collective terms 'marketing' and 'marketing communication' reflects today's multi-disciplinary marketing landscape, with direct marketing and sales promotions as relevant and important as conventional advertising.
In addition, the CAP Code has been updated to take account of, and refer to, emerging new media and has been substantially redrafted to clarify many sections so that marketers have a better idea of the rules they need to follow to ensure that their marketing is legal, decent, honest and truthful.
These changes include:
'Soft opt-in' for SMS and e-mail
Explicit consent is now required for marketing by e-mail or SMS unless marketers are offering similar products to existing customers.
Immediate disclosure if e-mails contain direct marketing
Legitimate unsolicited e-mail marketing communications must now be clearly identifiable as such without the need for recipients to open them.
Clarification of what new media is in and what is out
The CAP Code covers amongst others, online banner ads and pop-ups, moving image posters, SMS and marketing e-mails. The CAP Code does not cover companies' own claims on their websites.
Comparative advertising
Following the implementation of the Control of Misleading Advertisements (Amendment) Regulations, much more detail is given on the conditions that be met for comparisons to be acceptable.
Overhaul of the direct marketing rules
Following the implementation of recent distance selling and data protection legislation, the rules on distance selling and the use of consumer databases for direct marketing purposes have been updated and expanded. The changes include a requirement that distance selling marketing communications must include a statement telling consumers that they have the right to cancel orders, unless this is inapplicable.
Overhaul of sales promotion rules
The sales promotion rules have been clarified and the layout simplified. The changes include increased protection for the word 'free'; marketers should not describe an individual element of a package as 'free' if the cost of that element is included in the package price.
Alcohol
The alcohol rules are strengthened to state that marketers should not suggest that drinking can overcome boredom, loneliness or other problems or that alcohol has therapeutic qualities.
Motoring
The motoring rules are strengthened to state that as well as not encouraging anti-social or irresponsible driving, neither should marketing communications condone them.
Explaining the ASA/CAP system and its sanctions
More information is given on how the self-regulatory system works including details on the work of the CAP Compliance team, the Cross-Border complaint procedure and a full explanation of the sanctions that are applied to persistent offenders.
Tobacco
The Cigarette Code has been removed following the introduction of a ban on the advertising of tobacco products in the UK on 14 February 2003.
The new Code takes effect on marketing communications produced on or after 4 March 2003. The ASA will consider complaints under the old Codes until 4 June 2003, giving the marketing business three months to make the transition from old to new.
The new CAP Code has been endorsed by the ASA Council and the OFT.
Launching the eleventh edition of the Code, CAP Chairman Andrew Brown said:
"Effective self-regulation is paramount to ensuring that consumer confidence in marketing is maintained. Over the past forty years, the marketing business has shown that it can successfully regulate itself in the non-broadcast arena - a fact that has been acknowledged by the Government in its deliberations for the creation of OFCOM. For this to continue, we have to ensure that marketers have clear guidelines on how to keep their marketing communications legal, decent, honest and truthful. The new CAP Code will be indispensable in helping all marketers do that."