In March, we launched the new ‘BCAP Code: the UK Code of Broadcast Advertising’ and the new ‘CAP Code: the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing’. Three months later and we are on the brink of publishing the hard copies of the Codes. So why the delay? 

The BCAP Code and The CAP Code are constantly subject to change. Each sit at the crossroads of the law, technology, consumer research and the wider regulation of advertising sectors. A change in any one of these areas may necessitate an update to the Codes. Whilst the recent Code Review has produced Codes that are fit for purpose, they are not and cannot be ‘set in stone’. 

When we launched the new Codes we anticipated imminent and significant changes to each Code arising from two Ofcom consultations. 

Ofcom’s consultation on Participation TV has resulted in changes to The BCAP Code (and new arrangements for the regulation of Participation TV), which are explained here. The changes have been reflected in the on-line version of The BCAP Code, which is effective from 1 September.

Ofcom’s consultation on video-on-demand (VOD) advertising concluded that the ASA satisfies the criteria required by law to undertake the delegated responsibility for the regulation of VOD advertising. Discussion on the appropriate terms for designation are very positive and nearing conclusion. We anticipate being able to announce very shortly a new VOD annex to the present and new CAP Code and the regulatory arrangements for the regulation of VOD advertising.

With changes to The BCAP Code in place, and changes to The CAP Code soon to be announced, we anticipate going to print by the middle of July, if not before. Information on how to order hard copies of The BCAP Code and The CAP Code can be found on our website.

BCAP Political Advertising Section: technical update

The delay in the publication of the Codes has, naturally, given us the opportunity to dot the ‘i’s and cross the ‘t’s.  Such changes are typically minor and not noteworthy but changes to the BCAP Political Advertising Section require explanation.

In its Code Review consultation document, BCAP stated:

7.9 Because Ofcom has regard to section 321(3) of the Communications Act when it interprets the BCAP rules on political advertising and controversial issues, BCAP proposes to better reflect that section of the Act in BCAP’s Code.

As the statement suggests, the setting of standards in relation to political advertising is reserved to Ofcom.  Ofcom has brought to our attention that the wording of Section 7 (Political and Controversial Matters) in the previous .pdf version of the new BCAP Code (launched on 16 March) did not accurately reflect, as intended, the wording of the current legislation in relation to the prohibition on political advertising. Section 7 has therefore now been corrected in the updated version to reflect the wording used in section 321 of the Communications Act 2003.  In particular, the old rule 7.2.4 (prohibiting the showing of partiality in matters of political or industrial controversy or public policy) has been deleted and wording inserted to directly reflect section 321 (3) of the Act; and the provision regarding advertisements of a public service nature has been deleted from the end of the old rule 7.2.3 and is now included in new rule 7.2.3 reflecting section 321 (7) of the Act.
 
Please note the Background note to these rules has also been changed to make clearer the relationship between the ASA and Ofcom when implementing these rules.

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