New Codes of Practice for advertising

BCAP (the Committee of Advertising Practice Broadcast Committee) and CAP (the Committee of Advertising Practice) are introducing new Codes of Practice regulating adverts. BCAP regulates the BCAP Code (which deals with broadcast adverts, ie on television and radio) and CAP regulates the CAP Code (which deals with non-broadcast adverts. Both Codes are enforced by the Advertising Standards Authority. Following a review, both Codes will come into force from 1 September 2010.

Amongst the changes are the following:

• More consistency between the CAP Code and BCAP Code, such as for misleading advertising, harm and offence
• The Codes are intended to be simple, user-friendly and joined-up.
• Television and radio advertising need to have regard to social responsibility to the audience and society as a whole.
• A prohibition on collecting data from under 12 year-old children without the consent of their parents or guardian. In addition, information cannot be collected from under 16 year-olds about other people.
• Further clarification over how to use the word ‘free’.
• A prohibition on advertisers from exaggerating any environmental benefits. Absolute claims of green credentials must be supported by a high level of substantiation. Meanwhile, comparable claims such as ‘greener’ or ‘friendlier’ must be justifiable on the basis of the total environmental impact over the previous range or the competitor’s product. The environmental claims must be measured over the full lifecycle of the product. As with other ads, the green qualities must not mislead.