United Kingdom


Public Bodies

Department Culture, Media and Sport (DCMS)

DCMS has a role in a range of broadcasting issues, among which : ensuring that the regulatory framework for broadcasting fosters fair and effective competition; promotes high quality broadcasting from a diverse range of sources; provides a high level of consumer protection; and safeguards freedom of expression

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Office of Communications (Ofcom)

With regard to broadcast advertising, the former five different regulators in charge until 30 November 2003 - i.e. the Broadcasting Standards Commission (BSC), the Independent Television Commission (ITC), Oftel, the Radio Authority (RA) and the Radiocommunications Agency - have been merged into one single new broadcasting regulator, Ofcom, which took over their duties on 1 December 2003.

Ofcom is now the independent regulator and competition authority, with responsibilities across television radio, telecommunications and wireless communications services.

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Office of Fair Trading (OFT)

Under the Control of Misleading Advertising Regulations the OFT, working closely with bodies such as the Advertising Standards Authority (ASA), has the power to seek an injunction to stop advertising which is deceptive or misleading.

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Self-regulation bodies

Advertising Standards Authority (ASA)

ASA has been set up and funded by the advertising industry to apply code and rules regulating advertising content. It receives complaints for investigation, and in case the complaint is upheld, the advertiser will be requested to withdraw or amend the advertisement.

Since 1 November 2004 ASA is responsible for both non-broadcast and broadcast advertising.
ASA is a member of EASA (European Advertising Standards Alliance).

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Broadcast Committee of Advertising Practice (BCAP)

The industry body responsible for the UK's advertising Codes (broadcast advertising).

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Committee of Advertising Practice (CAP)

The industry body responsible for the UK's advertising Codes (non-broadcast advertising).

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Broadcasting Advertising Clearance Centre (BACC)

A specialist body with two principal functions: the examination of pre-production scripts and the pre-transmission clearance of finished television advertisements. (Television advertising)
BACC is a member of EASA (European Advertising Standards Alliance).

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Radio Advertising Clearance Centre (RACC)

Funded by commercial radio stations, which pay quarterly copy clearance fees and administered by the trade association of the industry, the Commercial Radio Companies Association (CRCA). (Radio advertising)

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Law

Communications Act 2003 - 17 July 2003

The legal basis for the creation of Ofcom

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Control of Misleading Advertisements Regulations, 1988

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Self-regulation

BCAP Television Advertising Standards Code 2003 - Section 7 (Children)

From 1 November 2004, the Code will be the responsibility of the Broadcast Committee of Advertising Practice (BCAP), under contract from the broadcasting and telecommunications regulator Ofcom (co-regulation).

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Advertising Guidance Notes

- Note no. 5, Indexing: Identification of programmes likely to appeal to children and young people

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BCAP Rules on the Amount and Scheduling of Advertising, 1998 - Section 4.2.1-4.2.4

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British Code of Advertising, Sales Promotion and Direct Marketing, 4 March 2003 (non broadcast advertising) - Sections 29, 34.1 c, 37.1.i, 42.8, 47, 50.16, 50.22 (Children)

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Radio Authority (RA) Advertising and Sponsorship Code, 2003 - Section 11 (Children and young listeners)

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Updated: July 2005