Marketing and advertising: the law
Advertising codes of practice
There are 2 advertising codes of practice that describe how businesses should advertise.
They cover all kinds of promotional communications, depending where the advert or promotion will appear.
Non-broadcast media
The CAP non-broadcast code has rules that cover non-broadcast advertising (for example print, online), sales promotion and direct marketing (such as telesales and email).
The code specifies standards for accuracy and honesty that businesses must stick to, including specific conditions, such as:
- advertising to children
- causing offence
- political advertising
Broadcast media (for example TV, radio)
You must follow the CAP broadcast code, which covers issues including taste, decency and product placement.
As well as setting standards about accuracy and honesty businesses must stick to, they also have rules about things like scheduling.
General broadcasting rules
You also need to follow rules set out in the Ofcom Broadcasting Code. These apply to all broadcasting.
Enforcing the rules
The rules are enforced by the Advertising Standards Authority (ASA).
Anyone who thinks advertising rules have been broken can complain to the ASA within 3 months of the advert appearing.
If an advert breaks the rules, it may be withdrawn. If the product does not match the description or the advert breaks the law, you could be prosecuted.