Updated CAP and BCAP Codes

27 February 2006

For advertisers, media and the public, the CAP and BCAP Codes can be an important initial source of information on the laws that affect certain types of advertisements and on the legal framework in which the advertising co-regulatory and self-regulatory systems work.  To reflect changes in the law, CAP and BCAP have made technical updates to their Codes (the BCAP Radio and TV Advertising Standards Codes, the Advertising Guidance Notes [now the Broadcast Advertising Guidance Notes], the Rules on the Scheduling of Advertising [now the Rules on the Scheduling of Television Advertisements], the Code for Text Services and the CAP Code). 

Changes to the financial rules and the political rules are good examples to consider in more detail.
 
Amendments to the financial rules in the Radio, TV and CAP Codes show the new remit of and the regulations that affect the Financial Services Authority (FSA) and the Office of Fair Trading (OFT).  Specialist financial TV channels may advertise a prospectus approved by another EU regulatory authority for the purposes of the EU Prospectus Directive 2003/71/EC and Prospectus Regulation 2004/809/EC, as implemented in the UK by the Prospectus Regulations 2005 (SI2005/1433), the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (FPO) and FSA rules.

BCAP has ensured the Radio and TV Codes are unambiguous on political advertising remit.  The setting of standards and the investigation of complaints about political advertising have not been contracted out to BCAP and the ASA and remain matters for Ofcom.  The ASA refers complaints about "political" advertisements to Ofcom.  Generally, the respective remits of the ASA, BCAP and Ofcom have been clarified throughout the BCAP Codes.

Read online and download the latest versions of the Codes.