The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) launched new UK Advertising Codes this month, following a two-year review
and public consultation.

It was the first concurrent review of all the Advertising Codes in nearly 50 years of their history.
The process involved assessing more than 400 pieces of legislation and 30,000 consultation responses. Participants included a wide range of stakeholders including government, parents and children’s groups, consumer protection bodies, regulators, charities, religious organisations and the direct marketing industry.

Under the new rules, which come into force on 1 September 2010, a single Broadcast Code for TV and radio will replace the existing four to give clearer rules and a greater consistency with the non-broadcast code in key areas including misleading advertising, harm and offence.

The revised CAP Codes also include new rules on marketing to children and data collection from minors. Under the rules, marketers will not be able to collect data from children under 12 without parental or guardian consent, or from under 16s about other people.

The rules also clearly spell out how advertisers may fall foul of the ban on exhorting children to buy a product or persuade adults to buy a product for them.

Also of interest to direct marketers is a new explicit rule in the environmental section of the Code to prevent marketers from exaggerating the environmental benefits of their products.

The new Codes have largely been welcomed by the industry. However, the new definition of a child as being under 16 may raise issues for some, says Rosemary Smith, director of data protection and permission marketing consultancy Opt-4.

‘Overall on data collection, the new code is clearer and has been aligned with the DMA Code and ICO [Information Commissioner's Office] advice in a number of areas which has to be helpful,’ comments Smith. ‘The big issue will be that the Code regards anyone under 16 as a child. Many marketers, especially those in the mobile space, think this is too old and would have liked the age limit reduced.’

Commenting on the new Codes, Andrew Brown, chairman of CAP and BCAP, says: ‘The new Advertising Codes show self-regulation at its best. Time and again industry has underlined its commitment to socially responsible advertising, ensuring the Codes reflect societal concerns and changes in the media landscape. We now look ahead, confident that the new rules are effective in protecting consumers and maintaining their trust in advertising while providing a robust but proportionate framework for industry.’

The new codes can be found on the BCAP website