In the UK, the rules for advertising are written by the advertising industry through two Committees: the Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP).
The vast majority of advertisers comply with the ASA’s rulings and they act quickly to amend or withdraw an ad that breaks the Codes. they have a range of sanctions to act against the few who do not and ensure they comply with the rules.
Broadcasters who continually air ads that break the Codes can be referred to Ofcom, which has the power to fine them or even revoke their license. Such referrals are very rarely necessary as the vast majority of advertisers and media owners respect ASA decisions and agree to comply with the Codes.
The BCAP Television Advertising Standards Code sets out the rules that
govern advertisements on any television channel licensed by Ofcom. The
rules are framed to ensure that advertisements are ‘legal, decent, honest and
truthful’ and do not mislead or cause harm or serious or widespread offence.
I have included here some examples of the rules in the advertising standards document, those which i thought were of the most importance or relevant, but there are many more rules, which i will have to check that my advert adheres to in post production.
1.1 Complying with the law
Advertisements must comply with the law and licensees must make that a
condition of acceptance
2.1 Separation of advertisements and programmes
2.1.1
There must be a clear distinction between programmes and advertisements
Note:
In ambiguous cases, advertisements must be identified as such on screen.
2.1.2
Advertisements must not:
(a) use expressions reserved for important news and public service
announcements (eg ‘news flash’)
(b) use a situation, performance or style reminiscent of a programme in a way
that might confuse viewers as to whether they are watching a programme or
an advertisement
(c) refer to themselves in a way that might lead viewers to believe they are
watching a programme (eg by adopting the title ‘Programme’)
(d) include extracts from broadcasts of parliamentary proceedings
(e) feature, visually or orally, anyone who regularly presents news or current
affairs on television
3.1 Unacceptable categories
Advertisements for products or services coming within the recognised
character of, or specifically concerned with the following are not acceptable:
(a) breath-testing devices and products that purport to mask the effects of
alcohol
(b) betting tips
(d) all tobacco products. Also non-tobacco products or services which share a
name, emblem or other feature with a tobacco product where these are
prohibited by law from advertising in other UK media. See the Tobacco
Advertising and Promotion (Brandsharing) Regulations 2004.
(e) private investigation agencies
(f) guns and gun clubs
(g) escort agencies
(h) pornography
SECTION 4: POLITICAL AND CONTROVERSIAL ISSUES
No advertisement:
(a) may be inserted by or on behalf of any body whose objects are wholly or
mainly of a political nature
(b) may be directed towards any political end
(c) may have any relation to any industrial dispute (with limited exceptions)
5.1 DEFINITION OF MISLEADING ADVERTISING
Rule 5.1 has been replaced by rule 5.1.1
5.1.1
No advertisement may directly or by implication mislead about any material
fact or characteristic of a product or service
5.1.2
No advertisement may mislead by omission about any material fact or
characteristic of a product or service or advertiser
5.2.8 Pressure to purchase
(a) Advertisements must not falsely claim that the advertiser is about to cease
trading or move premises. They must not falsely state that a product, or the
terms on which it is offered, will be available only for a very limited time in
order to deprive consumers of the time or opportunity to make an informed
choice
6.1 Offence
Advertisements must not cause serious or widespread offence against
generally accepted moral, social or cultural standards, or offend against public
feeling
6.2 Violence and cruelty
(a) Advertisements must not encourage or condone violence or cruelty
(b) Gratuitous and realistic portrayals of cruel or irresponsible treatment of
people or animals are not acceptable
7.1 MISLEADING ADVERTISING AND CHILDREN
7.1.1 Children’s inexperience
Advertising must not take advantage of children’s inexperience or their natural
credulity and sense of loyalty
7.1.5 Prices
Where advertising for a children’s product contains a price, the cost must not
be minimised by the use of words such as ‘only’ or ‘just’
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