Comply with advertising standards

Advertising in the UK is controlled through a combination of codes of practice and legislation.

Advertising codes 

There are two advertising codes:

• Non-broadcast Advertising and Direct & Promotional Marketing (CAP)
• Broadcast Advertising (BACP)

The CAP Code covers non-broadcast advertising, sales promotion and direct marketing. The BCAP Code covers the rules for broadcast advertising. These are enforced, where necessary, by the Advertising Standards Authority (ASA).

If you follow the principles of the relevant codes, you are unlikely to run into legal problems. For more information about the codes and their scope, see the CAP and BAP Advertising Codes.

Broadcast regulations

If you plan to advertise on radio or TV, you should know the Ofcom regulator's codes and rules.

Broadcasting regulations are detailed, with some products and services banned from being advertised over broadcast media. Care must also be taken with advertisements aimed at children.

Paying to have your product or service included or referred to in selected types of TV broadcasts is called product placement. This includes:

• films
• series made for TV or other audiovisual media services - eg video on demand
• sports programmes
• light entertainment shows

However, some goods can't be placed in programs. It's banned in all children's, news, current affairs, consumer affairs, and religious shows.

Consumer law

In all cases, there are specific legal requirements that your advertising must meet. The most important of these are as follows:

• Under the Consumer Right Act, your goods must match your description of them. See legislation affecting the sale of goods. 
• The Consumer Protection from Unfair Trading Regulations prohibits the use of misleading descriptions of your goods and aggressive selling tactics towards consumers.
• The Business Protection from Misleading Marketing Regulations 2008 prohibits advertising that misleads traders.

Your advertising must also follow laws on printed and broadcast material. These cover accuracy, decency, and copyright. Remember that you must not disparage another business or its products or services in your advertising. If you are found to have done so, you could be sued for defamation.