The UK Code of Non-broadcast Advertising covers many types of marketing communications across different media channels. It aims to ensure advertising is legal, decent, honest and truthful. The Code is written by the Committee of Advertising Practice and enforced by the Advertising Standards Authority. It contains sections on topics like misleading claims, harm and offence, children, privacy, sales promotions, and specific rules for areas like food and financial products. The Code applies to both advertisers and agencies to ensure high standards in UK non-broadcast advertising.

1. REGULATION OF PRINT
ADVERTISING IN THE UK

2. ADVERTISING STANDARDS AUTHORITY
What exactly does the ASA do?
As the UK’s independent regulator for advertising across all media, our work includes acting on complaints and proactively checking the media to take action against misleading, harmful or offensive
advertisements, sales promotions and direct marketing.
The types of ads we deal with include:
• Magazine and newspaper advertisements
• Radio and TV commercials (not programmes or programme sponsorship)
• Television Shopping Channels
• Advertisements on the Internet, including:
• banner and display ads
• paid-for (sponsored) search
• Marketing on companies’ own websites and in other space they control like social networking sites Twitter and Facebook
• Commercial e-mail and SMS text message ads
• Posters on legitimate poster sites (not fly posters)
• Leaflets and brochures
• Cinema commercials
• Direct mail (advertising sent through the post and addressed to you personally)
• Door drops and circulars (advertising posted through the letter box without your name on)
• Ads on CD ROMs, DVD and video, and faxes
• Sales promotions, such as special offers, prize draws and competitions wherever they appear.
How is ASA funded?
The ASA is funded by advertisers through an arm’s length arrangement that guarantees the ASA’s independence.
Collected by the Advertising Standards Board of Finance (Asbof) and the Broadcast Advertising Standards Board of Finance (Basbof), the 0.1% levy on the cost of buying advertising space and the 0.2% levy
on some direct mail ensures the ASA is adequately funded to keep UK advertising standards high. We also receive a small income from charging for some seminars and premium industry advice services.
We receive no Government funding and therefore our work is free to the tax payer.
The separate funding mechanism ensures that the ASA does not know which advertisers choose to fund the system or the amount they contribute.
The levy is the only part of the system that is voluntary. Advertisers can choose to pay the levy, but they cannot choose to comply with the Advertising Codes or the ASA’s rulings.
How does regulation work?
As well as acting on complaints, we carry out many other regulatory activities to make sure advertising stays within the rules. For example, the ASA actively checks ads in all media and regularly conducts
surveys of advertisements published by sectors where there is either unsatisfactory compliance with the Codes or where there are societal concerns about that sector.
And together with CAP, we work to support the industry to help them get their ads right before they are published. For example by providing guidance, pre-publication advice and training for the industry.

3. What sanctions can the ASA impose?
The vast majority of advertisers and broadcasters comply with ASA rulings, however for the small minority who don’t, there are consequences. Our main aim is to bring about compliance with the Advertising Codes,
rather than punish advertisers. However, some of the sanctions at our disposal can be very detrimental to those who choose not to comply.
One of the most persuasive is bad publicity – an advertiser’s reputation can be badly damaged if it is seen to be flouting the rules designed to protect consumers.
Ad Alerts - CAP can issue alerts to its members, including the media, advising them to withhold services such as access to advertising space.
Withdrawal of trading privileges - CAP members can revoke, withdraw or temporarily withhold recognition and trading privileges. For example, the Royal Mail can withdraw its bulk mail discount, which can make
running direct marketing campaigns prohibitively expensive.
Pre-vetting - Persistent or serious offenders can be required to have their marketing material vetted before publication. For example, CAP’s poster industry members can invoke mandatory pre-vetting for advertisers
who have broken the CAP Code on grounds of taste and decency or social responsibility – the pre-vetting can last for two years.
Sanctions in the online space - CAP has further sanctions that can be invoked to help ensure marketers’ claims on their own websites, or in other non-paid-for space under their control, comply with the Codes. For
misleading or unfair advertising, ultimately if advertisers and broadcasters persistently break the Advertising Codes and don’t work with us, we can refer them to other bodies for the further action, such as Trading
Standards or Ofcom.
Such referrals are rarely necessary, as most advertisers prefer to resolve the matter directly with us.
Finally, any advertisements that break the Codes are disqualified from industry awards, denying advertisers and the agencies that created the ads the opportunity to showcase their work.
How does self-regulation of non-broadcast advertising work?
There are many millions of non-broadcast ads published every year in the UK, so it would be impossible to pre-clear every one of them. For example there are more than 30 million press advertisements and 100
million pieces of direct marketing every year.
Self-regulation means that the industry has voluntarily established and paid for its own regulation.
The system works because it is powered and driven by a sense of corporate social responsibility amongst the advertising industry. Advertisers have an interest in maintaining the system because:
Making sure that consumers are not misled, harmed or offended by ads helps to maintain consumer confidence in advertising. Advertising that is welcomed by consumers is good for business.
It maintains a level playing field amongst businesses. It is important for fair competition that all advertisers play by the same rules.
Maintaining the self-regulatory system is much more cost-effective for advertisers than paying the legal costs of a court case.
The role of the industry is to write the Advertising Codes, help advertisers to comply with the rules and to pay for the system.
However, the industry does not administer its own rules. It has established the Advertising Standards Authority (ASA) as the independent adjudicator.
Advertising self-regulation is flexible in its scope and is able to adapt to market conditions. This is particularly important in the fast-moving advertising industry.
The Code reflects requirements in law, but also contains many rules that are not required by law at all. The advertising industry has chosen to exercise this self-restraint not only to make further legislation
unnecessary, but also as a public demonstration of its commitment to high standards in advertising.
Because the system works successfully, the UK Government has not needed to regulate directly. However, that doesn’t mean that the views of politicians – or civil society and the wider industry - on advertising
regulation are unimportant, so we actively seek out their views on our work.

4. UK CODE OF NON-BROADCAST ADVERTISING
What does the code apply to?
a. advertisements in newspapers, magazines, brochures, leaflets, circulars, mailings, emails, 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
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.
What are the central principals 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.
What are the basic rules of compliance?
1.1 Marketing communications should be legal, decent, honest and truthful.
1.2 Marketing communications must reflect the spirit, not merely the letter, of the Code.
1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society.
1.4 Marketers must comply with all general rules and with relevant sector-specific rules.
1.5 No marketing communication should bring advertising into disrepute.
1.6 Marketing communications must respect the principles of fair competition generally accepted in business. COMPLIANCE The CAP Code: The UK Code of Non-broadcast Advertising, Sales Promotion
and Direct Marketing 12
1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code.
1.7.1 The full name and geographical business address of the marketer must be given to the ASA or CAP without delay if requested.
1.8 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.
1.8.1 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, cooperate with the ASA to help determine the identity of the third party.
1.9 Marketers should deal fairly with consumers.
Legality
1.10 Marketers have primary responsibility for ensuring that their marketing communications are legal. Marketing communications should comply with the law and should not incite anyone to break it.
1.10.1 Marketers must not state or imply that a product can legally be sold if it cannot.

5. Barnardo’s adverts.

6. esco House
Delamare Road
Cheshunt
Hertfordshire
EN8 9SL
Date: 14 December 2011
Media: National press
Sector: Retail
Number of complaints: 1
Complaint Ref: A11-163840
Ad
A national press ad, for a supermarket, viewed on 19 June 2011. Text stated "Tesco British Iceberg. Goes from farm to store within 24 hours. So, one day it's in the field. The next it's in your salad". Small print at the
foot of the ad stated "... Timings may on occasion vary due to unforeseen circumstances/events. Subject to availability".
Issue
Sainsbury's Supermarkets challenged whether the ad misleadingly implied that Tesco British Iceberg Lettuce was generally available for sale in store within 24 hours of picking.
CAP Code (Edition 12)
3.13.7
Response
Tesco said the lettuce was delivered from the farm to the store within 24 hours, except in unforeseen circumstances, as stated in the ad. They said that in normal circumstances, the lettuce was cooled on the farm
between 8am and midday, delivered to a Tesco depot by 6pm and delivered to store by 5am the following day.
Tesco acknowledged that due to the time taken to pick an entire field of lettuces, not all lettuces within the batch would be delivered to store within 24 hours of being picked from the field. However, they did not
believe that the time at which the lettuces were picked from the field was relevant to the claims made in the ad.
Tesco believed that the claim "one day it's in the field. The next it's in your salad." was mere puffery which did not require objective substantiation. They said the average consumer would be aware that only the time
between farm and store was controlled by Tesco's and that it was for a consumer to decide when to consume the product. They believed in the context of the ad as a whole, the average consumer would interpret
the ad to mean that the lettuce was transported from the field to a customer's salad quickly.
Assessment
Upheld
The ASA acknowledged Tesco's comments that the claim "one day it's in the field. The next it's in your salad" was mere puffery and that it was at a consumer's discretion as to when they consumed their purchases.
However, we noted the transportation of the lettuces from the field to store was a matter which was under Tesco's control. We therefore considered that consumers were likely to consider that the claim "one day
it's in the field ... " qualified the claim "Goes from farm to store within 24 hours" and was capable of objective substantiation. In the overall context of the ad, we considered that consumers were likely to interpret
the ad to mean that the product was available for purchase in store within 24 hours of having been picked from the field.
Since we understood that that was not the case, we concluded that the ad was misleading.
The ad breached CAP Code (Edition 12) rules 3.1 (Misleading advertising) and 3.7 (Substantiation).
Action
The ad must not appear again in its current form. We told Tesco to ensure that claims were not likely to mislead in future.

7. Ad
A national press ad for Tesco showed a selection of fresh food products; their prices at Tesco and the prices of the same or equivalent products at Asda. Text in a roundel stated
"Total Tesco Saving £4.91". Text stated "One place you won't find your fresh food for the weekend? In the Asda Price Guarantee".
Issue
Asda challenged whether the claim "One place you won't find your fresh food for the weekend? In the Asda Price Guarantee" was misleading and could be substantiated. Asda
provided information that showed that fresh products, including 13 of the 20 products shown in the ad, were included in their price guarantee.
CAP Code (Edition 12)
Response
Tesco said the ad had resulted from an internal communication error (the pricing details had been checked internally but Tesco's advertising team had mistakenly believed that
the products were not covered by Asda's price guarantee). Tesco apologised for the error. They said the ad would not run again and action would be taken to ensure a similar
error did not happen again.
Assessment
Upheld
The ASA welcomed Tesco's acknowledgement of the error, their assurance that they would take action to ensure a similar error did not occur again and their confirmation that
the ad would not run again. Nevertheless, we considered that the ad suggested that fresh products, including the products shown in the ad, were not included in Asda's price
guarantee and we were concerned that Tesco's checking procedures had not correctly established whether that was the case. Because it was not the case that fresh products
were not included in Asda's price guarantee, and because Tesco had not supplied evidence to substantiate the claim that they were not, we concluded that the ad was
misleading.
The ad breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising), 3.7 (Substantiation), 3.33 and 3.34 (Comparisons with identifiable competitors) and 3.39
(Price comparisons).
Action
The ad must not appear again in its current form. We welcomed Tesco's acknowledgement of the error, their assurance that they would take action to ensure a similar error did
not occur again and their confirmation that the ad would not run again.
Tesco Stores

8. List all of the different sections of advertising which the code covers
• Prefrence - Information about the industry committee (CAP) that writes the Code and why they’re committed to high standards in marketing communications.
• Scope of the code – What the Code does – and does not – apply to. How the ASA assesses ads, including targeting and audience.
• 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.
• Recognition of marketing communications - Rules about making sure material is clearly identifiable as marketing communications / advertisements / advertorials.
• 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.
• 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.
• 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.
• Privacy - Rules about depicting members of the public; referring to people with a public profile; implying endorsement and the Royal Family
• Political advertisements -Clarification of when the Code applies to political advertisements.
• Sales promotions - 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.
• Distance selling - Rules governing marketing communications that allow readers to place orders without face-to-face contact with the seller. Covers cancellation; fulfilment of orders and refunds.
• 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.
• Environmental claims - Rules about making ‘green’ claims for products or services. Rules cover evidence, the clarity of claims and ‘life cycle’ of products.
• 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.
• Weight control and slimming - Rules for ads for weight control, slimming foodstuffs and aids, including exercise; diets, clinics and medicines. Rules cover the targeting of ads as well as the content.
• Financial products - Rules for financial marketing communications that are not regulated by the FCA or Trading Standards.
• Food, food supplements and associated health or nutrition claims - Rules relating to health and nutrition claims in foodstuffs; claims for vitamins and minerals; infant and follow on formula and food and soft
drinks marketing to children.
• Gambling - Social responsibility rules for gambling and spread betting. The rules cover content and targeting are designed to protect under 18s and the vulnerable.
• Lotteries - Social responsibility rules that apply to lotteries (including The National Lottery; Gambling Commission licensed lotteries and locally registered lotteries)
• Alcohol - Social responsibility rules for alcoholic drinks. The rules cover content and targeting are designed to protect under 18s and the wider population.
• Motoring - Social responsibility rules for motor vehicles, covering safety, speed and irresponsible or anti-social driving behaviours.
• Employment, homework schemes and business opportunities - 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.
• Tobacco, rolling papers and filters -Rules to prevent promotion of smoking via ads for non-tobacco products.
• 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 self-regulation - 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.
• Appendix 2 - Advertising rules for on-demand services regulated by statute -Rules relevant to advertising carried on video on-demand services regulated by Ofcom.
• Appendix 3 - Online behavioural advertising - Rules relevant to Online Behavioural Advertising.

9. • Pick four sections and give more details about the rules which govern advertising in those sections
Sales Promotion
Background
The sales promotion rules apply to consumer and trade promotions, incentive schemes and the promotional elements of sponsorships; they regulate the nature and administration of
promotions.
Promoters should take legal advice before embarking on promotions with prizes, including competitions, prize draws, instant-win offers and premium promotions, to ensure that the
mechanisms involved do not make them unlawful lotteries (see the Gambling Act 2005 for Great Britain and the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order
1985 (as amended) for Northern Ireland).
Promoters should comply with all other relevant legislation, including data protection legislation for which guidance is available from the Information Commissioner's Office.
The sales promotion rules must be read in conjunction with all other parts of the Code, including the relevant rules in Section 5: Children and Section 18: Alcohol.
Definition
A sales promotion can provide an incentive for the consumer to buy by using a range of added direct or indirect benefits, usually on a temporary basis, to make the product more
attractive. A non-exhaustive list of sales promotions includes: "two for the price of one" offers, money-off offers, text-to-wins, instant-wins, competitions and prize draws. The rules do
not apply to routine, non-promotional, distribution of products or product extensions, for example one-off editorial supplements (in printed or electronic form) to newspapers or
magazines.
Children
Principle
Care should be taken when featuring or addressing children in marketing communications.
The way in which children perceive and react to marketing communications is influenced by their age, experience and the context in which the message is delivered. Marketing
communications that are acceptable for young teenagers will not necessarily be acceptable for younger children. The ASA will take those factors into account when assessing whether
a marketing communication complies with the Code.
Definition
For the purposes of the Code, a child is someone under 16.

10. Distance Selling
Background
Most business-to-consumer distance selling contracts are subject to the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013. Contracts that
wholly consist of exempt activities are not subject to the Regulations. These exemptions relate to:
• gambling;
• banking,
• credit, insurance,
• personal pension,
• investment or payment services;
• the creation of or rights in immovable property;
• residential rental agreements;
• construction of new or substantially new buildings;
• foodstuffs, beverages or goods intended for regular, general household consumption;
• package holidays, tours or travel;
• And certain aspects of timeshare, long-term holiday product, resale and exchange contracts.
In August 2015, CAP removed its distance selling rules after consultation. Marketers should seek legal advice to ensure they comply with the Regulations.
The Direct Marketing Association (DMA) requires its members to observe the DM Code of Practice, which covers some practices that are not covered in the CAP Code.
Lotteries
Principle
The rules in this section are designed to ensure that marketing communications for lotteries are socially responsible, with particular regard to the need to protect children, young
persons under 18 and other vulnerable persons from being harmed or exploited by advertising that features or promotes lotteries. It should be noted, however, that the minimum age
limit for purchasing National Lottery products and participating in society lotteries is 16.
This section applies to the marketing communications of the National Lottery and ‘large’ society lotteries licensed and regulated by the Gambling Commission and, in the case of
‘small’ society lotteries, those promoters registered with local authorities in England and Wales or licensing boards in Scotland.
This section also applies to marketing communications for lottery products that are licensed and regulated by the Gambling Commission for National Lottery products.
The UK National Lottery may be advertised under The National Lottery etc Act 1993 (as amended). Society lotteries are promoted under the requirements of the Gambling Act 2005.