Code of Practice
1. What does the code apply to?
a. advertisements in newspapers, magazines, brochures, leaflets,
circulars, mailings, e-mails, text transmissions (including SMS and
MMS), fax transmissions, catalogues, follow-up literature and other
electronic or printed material
b. posters and other promotional media in public places, including
moving images
c. cinema, video, DVD and Blu-ray advertisements
d. advertisements in non-broadcast electronic media, including but not
limited to: online advertisements in paid-for space (including banner or
pop-up advertisements and online video advertisements); paid-for
search listings; preferential listings on price comparison sites; viral
advertisements (see III l); in-game advertisements; commercial
classified advertisements; advergames that feature in display
advertisements; advertisements transmitted by Bluetooth;
advertisements distributed through web widgets and online sales
promotions and prize promotions
e. marketing databases containing consumers personal information
f. sales promotions in non-broadcast media
g. advertorials (see III k)
h. Advertisements and other marketing communications by or from
companies, organisations or sole traders on their own websites, or in
other non-paid-for space online under their control, that are directly
connected with the supply or transfer of goods, services, opportunities
and gifts, or which consist of direct solicitations of donations as part of
their own fund-raising activities.
This information was found on the ASA website: (
https://www.cap.org.uk/Advertising-Codes/NonBroadcast/CodeItem.aspx?cscid={88535d35-334f-423e-a56c8ba7cc627118}#.WFJyoWdiiUk)
2. What is the central principles of the code?
The central principle for all marketing communications is that they should be
legal, decent, honest and truthful. All marketing communications should be
prepared with a sense of responsibility to consumers and society and should
reflect the spirit, not merely the letter, of the Code.
This information was found on the ASA website: (
https://www.cap.org.uk/Advertising-Codes/Non-Broadcast/CodeItem.aspx?
cscid={150f46ec-6177-4783-ad69-ffa9b9b5fb07}#.WFJz2WdiiUk)
3. What are the basic rules of compliance for the code?
Marketing communications must reflect the spirit, not merely the
letter, of the Code.
Marketing communications must be prepared with a sense of
responsibility to consumers and to society.
Marketers must comply with all general rules and with relevant
sector-specific rules.
No marketing communication should bring advertising into
disrepute.
Marketing communications must respect the principles of fair
competition generally accepted in business.
Any unreasonable delay in responding to the ASAs enquiries will
normally be considered a breach of the Code.
The full name and geographical business address of the marketer
must be given to the ASA or CAP without delay if requested.
Marketing communications must comply with the Code. Primary
responsibility for observing the Code falls on marketers. Others
involved in preparing or publishing marketing communications, such
as agencies, publishers and other service suppliers, also accept an
obligation to abide by the Code.
Rules in Appendix 3 apply only to third parties as defined. If the ASA
is unable to identify the relevant third party, the advertiser - on
behalf of whom the OBA advertisement is delivered to web users must, in good faith, co-operate with the ASA to help determine the
identity of the third party.
Marketers should deal fairly with consumers
This information was found on the ASA website:
(https://www.cap.org.uk/Advertising-Codes/NonBroadcast/CodeItem.aspx?cscid={150f46ec-6177-4783-ad69ffa9b9b5fb07}#.WFJz2WdiiUk)
4. List all the different sections of advertising which the code applies
to.
Section
Preface
Description
Information about the industry committee
(CAP) that writes the Code and why
theyre committed to high standards in
marketing communications.
Onlin
e
Downl
versi oad
on
Section
Description
What the Code does and does not
Scope of the Code apply to. How the ASA assesses ads,
including targeting and audience.
01 Compliance
Rules relating to social responsibility;
legality and fair competition. It also spells
out that the ASA applies the Code in the
spirit, as well as the letter.
Rules about making sure material is
02 Recognition of
clearly identifiable as marketing
marketing
communications / advertisements /
communications
advertorials.
03 Misleading
advertising
A key and extensive section of the Code,
containing rules such as substantiation
(evidence to prove claims); pricing; the
use of the word free; availability of
products, comparisons, testimonials and
more.
04 Harm and
offence
Rules to ensure that ads do not cause
harm or serious or widespread offence.
Includes rules relating to shock tactics,
unsafe practices and photosensitive
epilepsy.
05 Children
Rules that must be followed if directing
ads at children or featuring them.
Includes rules about unsafe practices and
unfair pressure; pester power and sales
promotions for children.
06 Privacy
Rules about depicting members of the
public; referring to people with a public
profile; implying endorsement and the
Royal Family.
07 Political
advertisements
Clarification of when the Code applies to
political advertisements.
08 Promotional
marketing
An important section about promotions
(e.g. competitions, prize draws, instant
wins, front page flashes, charity
promotions etc) and incentive schemes.
The rules cover the administration of the
promotion, as well as the publicity.
Onlin
e
Downl
versi oad
on
Section
Description
Rules governing marketing
communications that allow readers to
09 Distance selling place orders without face-to-face contact
with the seller. Covers cancellation;
fulfilment of orders and refunds.
10 Database
practice
A crucial section for anyone doing direct
marketing and collecting or using
customer information. Covers consent
(opt in and opt out), retention of
information and suppression requests.
Rules about making green claims for
11 Environmental products or services. Rules cover
claims
evidence, the clarity of claims and life
cycle of products.
12 Medicines,
medical devices,
health-related
products and
beauty products
A high level of scrutiny is applied to
marketing communications for such
products or treatments. These rules cover
evidence levels (very high levels needed
for medicinal claims); suitable
qualifications for those claiming to treat;
medicines rules; herbal and homeopathic
product rules; cosmetics and hair growth /
loss.
Rules for ads for weight control, slimming
foodstuffs and aids, including exercise;
13 Weight control
diets, clinics and medicines. Rules cover
and slimming
the targeting of ads as well as the
content.
14 Financial
products
Rules for financial marketing
communications that are not regulated by
the FCA or Trading Standards.
Rules relating to health and nutrition
15 Food, food
claims in foodstuffs; claims for vitamins
supplements and
and minerals; infant and follow on formula
associated health
and food and soft drinks marketing to
or nutrition claims
children.
16 Gambling
Social responsibility rules for gambling
and spread betting. The rules cover
content and targeting are designed to
protect under 18s and the vulnerable.
Onlin
e
Downl
versi oad
on
Section
Description
17 Lotteries
Social responsibility rules that apply to
lotteries (including The National Lottery;
Gambling Commission licensed lotteries
and locally registered lotteries)
18 Alcohol
Social responsibility rules for alcoholic
drinks. The rules cover content and
targeting are designed to protect under
18s and the wider population.
19 Motoring
Social responsibility rules for motor
vehicles, covering safety, speed and
irresponsible or anti-social driving
behaviours.
20 Employment,
homework
schemes and
business
opportunties
Rules that require clarity of the nature of
employment and business opportunities,
including display of earnings and any
commitments required from consumers.
Section covers employment agencies,
homework schemes, business
opportunities, vocational training and
instruction courses.
21 Tobacco, rolling Rules to prevent promotion of smoking via
papers and filters ads for non-tobacco products.
22 Electronic
cigarettes
Rules that apply to the marketing
communications for electronic cigarettes
and related products.
How the system
works
A full description of how advertising
regulation works and the role of the
Advertising Standards Authority, CAP and
its funders. Information on the
Independent Review procedure (of ASA
adjudications.)
History of selfregulation
Details of how advertising self-regulation
developed from the 1880s to today.
Appendix 1 - The
CPRs and BPRs
This section explains the law on
misleading and unfair marketing
communications. This law is reflected
within the Code and the ASA has regard
to the law when considering misleading,
aggressive or unfair marketing
communications.
Onlin
e
Downl
versi oad
on
Section
Description
Onlin
e
Downl
versi oad
on
Appendix 2 Advertising rules Rules relevant to advertising carried on
for on-demand
video on-demand services regulated by
services regulated Ofcom.
by statute
Appendix 3 Rules relevant to Online Behavioural
Online behavioural
Advertising.
advertising
This information was found on the ASA website:
(https://www.cap.org.uk/Advertising-Codes/Non-Broadcast.aspx)
5. Pick 4 sections and give more details about the rules and which
govern advertising in those sections.
Harm and Offence
Principle:
Marketers should take account of the prevailing standards in society and
the context in which a marketing communication is likely to appear to
minimize the risk of causing harm or serious or widespread offence.
Rules:
Marketing communications must not contain anything that is likely
to cause serious or widespread offence. Particular care must be
taken to avoid causing offence on the grounds of race, religion,
gender, sexual orientation, disability or age. Compliance will be
judged on the context, medium, audience, product and prevailing
standards.
Marketing communications may be distasteful without necessarily
breaching this rule. Marketers are urged to consider public
sensitivities before using potentially offensive material.
The fact that a product is offensive to some people is not grounds
for finding a marketing communication in breach of the Code.
Marketing communications must not cause fear or distress without
justifiable reason; if it can be justified, the fear or distress should
not be excessive. Marketers must not use a shocking claim or
image merely to attract attention.
References to anyone who is dead must be handled with particular
care to avoid causing offence or distress.
Marketing communications must contain nothing that is likely to
condone or encourage violence or anti-social behaviour.
Marketing communications, especially those addressed to or
depicting a child, must not condone or encourage an unsafe
practice (see Section 5: Children).
Marketing communications must not encourage consumers to drink
and drive. Marketing communications must, where relevant,
include a prominent warning on the dangers of drinking and driving
and must not suggest that the effects of drinking alcohol can be
masked.
Marketers must take particular care not to include in their
marketing communications visual effects or techniques that are
likely to adversely affect members of the public with photosensitive
epilepsy.
This information was found on the ASA website:
(https://www.cap.org.uk/Advertising-Codes/Non-Broadcast/CodeItem.aspx?
cscid={9850dc70-0ca5-4ef1-a38f-b638ed990014}#.WFJ4rmdiiUk)
Misleading Advertising
Rules:
Marketing communications must not materially mislead or be likely
to do so.
Obvious exaggerations (puffery) and claims that the average
consumer who sees the
marketing communication is unlikely to take literally are allowed
provided they do not materially mislead.
Marketing communications must not mislead the consumer by
omitting material information. They must not mislead by hiding
material information or presenting it in an unclear, unintelligible,
ambiguous or untimely manner.
Material information is information that the consumer needs to
make informed decisions in relation to a product. Whether the
omission or presentation of material information is likely to mislead
the consumer depends on the context, the medium and, if the
medium of the marketing communication is constrained by time or
space, the measures that the marketer takes to make that
information available to the consumer by other means.
For marketing communications that quote prices for advertised
products, material information [for the purposes of rule 3.3]
includes:
the main characteristics of the product
the identity (for example, a trading name) and geographical address
of the marketer and any other trader on whose behalf the marketer
is acting
the price of the advertised product, including taxes, or, if the nature
of the product is such that the price cannot be calculated in
advance, the manner in which the price is calculated delivery
charges, the arrangements for payment, delivery, performance or
complaint handling, if those differ from the arrangements that
consumers are likely to reasonably expect hat consumers have the
right to withdraw or cancel, if they have that right (see rule 3.55).
Marketing communications must not materially mislead by omitting
the identity of the marketer. Some marketing communications must
include the marketer's identity and contact details. Marketing
communications that fall under the Database Practice or
Employment sections of the Code must comply with the more
detailed rules in those sections. Marketers should note the law
requires marketers to identify themselves in some marketing
communications. Marketers should take legal advice.
Subjective claims must not mislead the consumer; marketing
communications must not imply that expressions of opinion are
objective claims.
Promoting Marketing
Rules
8. Promoters are responsible for all aspects and all stages of their
1 promotions.
Promoters must conduct their promotions equitably, promptly and
8. efficiently and be seen to deal fairly and honourably with participants
2 and potential participants. Promoters must avoid causing unnecessary
disappointment.
Protection of consumers, safety and suitability
Promoters must do everything reasonable to ensure that their
8. promotions, including product samples, are safe and cause no harm to
3 consumers or their property. Literature accompanying promotional
items must give any necessary warnings and safety advice.
Alcoholic drinks must not feature in promotions directed at people
8. under 18. Alcohol must not be available on promotion to anyone under
4 18.
8. Promotions must not be socially undesirable to the audience addressed
5 by encouraging excessive consumption or irresponsible use.
8. Promoters must do everything reasonable to ensure that unsuitable or
6 irresponsible material does not reach consumers or other recipients.
8. No promotion or promotional item should cause serious or widespread
7 offence to consumers.
Children
Special care must be taken with promotions addressed to children or if
8. products or items intended for adults might fall into the hands of
8 children. (See Section 5: Children)
Availability
Phrases such as subject to availability do not relieve promoters of
their obligation to do everything reasonable to avoid disappointing
8.9 participants.
Promoters must be able to demonstrate that they have made a
reasonable estimate of the likely response and either that they were
8.1 capable of meeting that response or that consumers had sufficient
0 information, presented clearly and in a timely fashion, to make an
informed decision on whether or not to participate - for example
regarding any limitation on availability and the likely demand.
8.1 If promoters rely on being able to meet the estimated response but
1 are unable to supply demand for a promotional offer because of an
unexpectedly high response or some other unanticipated factor
outside their control, they must ensure relevant timely
communication with applicants and consumers and, in cases of any
likely detriment, offer a refund or a reasonable substitute product.
Promoters must not encourage the consumer to make a purchase or
series of purchases as a precondition to applying for promotional
8.1 items if the number of those items is limited, unless the limitation is
made sufficiently clear at each stage for the consumer accurately to
assess whether participation is worthwhile.
If a prize promotion is widely advertised, the promoter must ensure
8.1 the widespread availability of the requisite forms and any goods
3 needed to establish proof of purchase.
Recognition of Marketing Communications
2.
Marketing communications must be obviously identifiable as such.
1
Unsolicited e-mail marketing communications must be obviously
2.
identifiable as marketing communications without the need to open
2
them (see rule 10.6).
Marketing communications must not falsely claim or imply that the
2. marketer is acting as a consumer or for purposes outside its trade,
3 business, craft or profession; marketing communications must make
clear their commercial intent, if that is not obvious from the context.
Marketers and publishers must make clear that advertorials are
2.
marketing communications; for example, by heading them
4
advertisement feature.
