Notes of Guidance
Detailed information about how we interpret the BCAP Code
The UK Code of Broadcast Advertising (BCAP Code) sets out the rules for what adverts broadcast in the UK can and can’t contain.
The BCAP (for broadcast advertising) and CAP (for non-broadcast advertising) Codes are available on the CAP website here.
However, we also produce guidance notes containing our views on how the Code should be interpreted. They’re useful to advertisers, agencies and broadcasters that want to understand how the rules work in practice. We work hard to keep our guidance updated in line with the latest information from BCAP, and to reflect ASA rulings on complaints.
Clearcast Notes of Guidance
This is a substantial document, so we’ve separated it into sections which you can download if you wish and you will be able to search within it via the usual search function. If you have any feedback on our guidance notes, or suggestions for improvements, please speak to your Clearcast contact or send an email to notesofguidance@clearcast.co.uk.
The overarching principles of this Code are that advertisements should not mislead or cause serious or widespread offence or harm, especially to children or the vulnerable.
The rules on recognition of advertising must be read in conjunction with all other parts of the Code, including Section 32: Scheduling of Advertisements.
The rules on recognition of advertising must be read in conjunction with all other parts of the Code, including Section 32: Scheduling of Advertisements.
Advertisements must not be harmful or offensive.
Children must be protected from advertisements that could cause physical, mental or moral harm.
Living individuals should be protected from unwarranted infringements of privacy.
7. POLITICAL AND CONTROVERSIAL MATTERS
The Communications Act 2003 prohibits political advertising.
Most business-to-consumer distance selling contracts are subject to the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013.
Advertisements should take account of Government guidance including the Green Claims Code published by DEFRA and BIS.
Broadcast advertisements for some products or services are not permitted either because those products may not legally be advertised or because of a clear potential for harm or serious or widespread offence to the audience or to society.
11. MEDICINES, MEDICAL DEVICES, TREATMENTS AND HEALTH
The rules in this section are designed to ensure that advertisements that include health claims and advertisements for medicines, medical devices and treatments receive the necessary high level of scrutiny.
12. WEIGHT CONTROL AND SLIMMING
The rules in this section are designed to ensure that advertisements for weight control and slimming products and services receive the necessary high level of scrutiny.
13. FOOD, FOOD SUPPLEMENTS AND ASSOCIATED HEATH OR NUTRITION CLAIMS
Public health policy increasingly emphasises good dietary behaviour and an active lifestyle as a means of promoting health.
14. FINANCIAL SERVICES, PRODUCTS & INVESTMENTS
The rules in this section largely draw attention to statutory regulation with which all advertisements must comply.
15. FAITH, RELIGION AND EQUIVALENT SYSTEMS OF BELIEF
These rules seek to strike a balance between freedom of speech and the prevention of advertising that could be harmful.
These rules are intended to prevent the abuse of people’s charitable impulses.
The rules in this section are designed to ensure that gambling advertisements are socially responsible.
The rules in this section are designed to ensure that lottery advertisements are socially responsible.
Advertisements for alcoholic drinks should not be targeted at people under 18 years of age
Advertisements should not contribute to a culture of dangerous, irresponsible or inconsiderate driving or motorcycling, especially among young drivers.
Advertisements for betting tipster services should not be likely to mislead the audience.
22. PREMIUM RATE TELEPHONE SERVICES
The price and nature of premium-rate telephone services must be made clear.
23. TELECOMMUNICATIONS-BASED SEXUAL ENTERTAINMENT SERVICES
Telecommunications-based sexual entertainment services are voice, text, image or video services of a sexual nature.
Homeworking scheme advertisements must neither mislead the audience nor exploit the susceptibilities or credulity of those seeking work.
Instructional course advertisements must neither mislead the audience nor exploit the susceptibilities or credulity of those seeking work.
26. SERVICES OFFERING INDIVIDUAL ADVICE ON CONSUMER OR PERSONAL PROBLEMS
May be advertised only if those advertisers have given the broadcaster evidence of suitable and relevant credentials
27. INTRODUCTION AND DATING SERVICES
Advertisements are acceptable, subject to rule 10.1.5: Prostitution and Sexual Massage and rule 10.2: Indirect Promotion.
Competitions should be conducted fairly, prizes should be described accurately and rules should be clear and made known.
29. PRIVATE INVESTIGATIONS AGENCIES
Private investigation agencies may be advertised only if they have given the broadcaster evidence of suitable and relevant credentials
Behind mandatory restricted access on adult entertainment channels” is interpreted with reference to rule 1.18 of the Ofcom Broadcasting Code
31. OTHER CATEGORIES OF RADIO ADVERTISEMENTS THAT REQUIRE CENTRAL COPY CLEARANCE
Products and services that require central copy clearance.
Broadcasters must take special care when scheduling advertisements.
Special care must be taken when making ads for this sector.
Guidelines for the advertising of disposable nappies (diapers).
The Clearcast protocol for testing comparative anti-perspirant claims.
Advertising and Promotion of Consumer Products Making Anti-microbial Claims.
Scheduling and Timing Restrictions and Presentation Codes for TV Commercials