In this consultation, CAP and BCAP set out proposals to bring the Broadcast Committee of Advertising Practice (BCAP) TV and Radio Advertising Standards Codes into line with new legislation called the Consumer Protection from Unfair Trading Practices Regulations 2008 (CPRs) which came into force on 26 May 2008.
The CPRs prohibit unfair trading practices and identify misleading and aggressive practices as forms of unfair practice. They introduce legal definitions of unfair, misleading and aggressive trading practices and set out a framework for the assessment of commercial practices that are alleged to be unfair. The CPRs also prohibit specific practices on the grounds that they are always unfair. Advertisements are a form of trading practice and are therefore subject to the CPRs.
The consultation document sets out BCAP’s proposals to amend its Codes to ensure that they are in line with the new legal requirements and seeks stakeholders’ opinions on whether those proposed amendments accurately reflect the new legal requirements.
BCAP subsequently implemented the proposals outlined in the consultation documents and published an evaluation document to respond to significant points raised during the consultation. All relevant documents are published here.