Task 12: Code of Practice
What the code applies to:
The Code applies to:
a. advertisements in newspapers, magazines, brochures, leaflets,
circulars, mailings, e-mails, text transmissions (including SMS and MMS),
fax transmissions, catalogues, follow-up literature and other electronic or
printed material
b. posters and other promotional media in public places, including moving
images
c. cinema, video, DVD and Blu-ray advertisements
d. advertisements in non-broadcast electronic media, including but not
limited to: online advertisements in paid-for space (including banner or
pop-up advertisements and online video advertisements); paid-for search
listings; preferential listings on price comparison sites; viral
advertisements (see III l); in-game advertisements; commercial classified
advertisements; advergames that feature in display advertisements;
advertisements transmitted by Bluetooth; advertisements distributed
through web widgets and online sales promotions and prize promotions
e. marketing databases containing consumers personal information
f. sales promotions in non-broadcast media
g. advertorials (see III k)
h. Advertisements and other marketing communications by or from
companies, organisations or sole traders on their own websites, or in other
non-paid-for space online under their control, that are directly connected
with the supply or transfer of goods, services, opportunities and gifts, or
which consist of direct solicitations of donations as part of their own fundraising activities.
What are the central principles of the code?
The central principle for all marketing communications is that they should
be legal, decent, honest and truthful. All marketing communications
should be prepared with a sense of responsibility to consumers and
society and should reflect the spirit, not merely the letter, of the Code.
What are the basic rules of compliance for the code?
Rules
1.1
Marketing communications should be legal, decent, honest and truthful.
1.2
Marketing communications must reflect the spirit, not merely the letter, of
the Code.
1.3
Marketing communications must be prepared with a sense of
responsibility to consumers and to society.
1.4
Marketers must comply with all general rules and with relevant sectorspecific rules.
1.5
No marketing communication should bring advertising into disrepute.
1.6
Marketing communications must respect the principles of fair competition
generally accepted in business.
1.7
Any unreasonable delay in responding to the ASAs enquiries will normally
be considered a breach of the Code.
1.7.1
The full name and geographical business address of the marketer must be
given to the ASA or CAP without delay if requested.
1.8
Marketing communications must comply with the Code. Primary
responsibility for observing the Code falls on marketers. Others involved in
preparing or publishing marketing communications, such as agencies,
publishers and other service suppliers, also accept an obligation to abide
by the Code.
1.8.1
Rules in Appendix 3 apply only to third parties as defined. If the ASA is
unable to identify the relevant third party, the advertiser - on behalf of
whom the OBA advertisement is delivered to web users - must, in good
faith, co-operate with the ASA to help determine the identity of the third
party.
1.9
Marketers should deal fairly with consumers.
List all the different sections of advertising which the code covers:
Misleading advertisement
Harm and Offence
Children
Privacy
Political Advertisement
Promotional Marketing
Distance Selling
Database Practice
Environmental Claims
Medicines, Medical Devices, health related products and beauty products
Weight Control and Slimming
Financial Products
Food, food supplements and associated health or nutrition claims
Gambling
Lotteries
Alcohol
Motoring
Employment, Homework schemes and business opportunities
Tobacco, rolling papers and filters
Electronic cigarettes
Pick four sections and give more details about the rules which govern
advertising in those sections.
Gambling:
16.1
Marketing communications for gambling must be socially responsible, with
particular regard to the need to protect children, young persons and other
vulnerable persons from being harmed or exploited.
16.2
In line with rule 1.2, the spirit as well as the letter of the rules in this
section apply whether or not a gambling product is shown or referred to.
16.3
Marketing communications must not:
16.3.1
portray, condone or encourage gambling behaviour that is socially
irresponsible or could lead to financial, social or emotional harm
16.3.2
exploit the susceptibilities, aspirations, credulity, inexperience or lack of
knowledge of children, young persons or other vulnerable persons
16.3.3
suggest that gambling can provide an escape from personal, professional
or educational problems such as loneliness or depression
16.3.4
suggest that gambling can be a solution to financial concerns, an
alternative to employment or a way to achieve financial security
16.3.5
portray gambling as indispensable or as taking priority in life; for example,
over family, friends or professional or educational commitments
16.3.6
suggest that gambling can enhance personal qualities, for example, that it
can improve self-image or self-esteem, or is a way to gain control,
superiority, recognition or admiration
16.3.7
suggest peer pressure to gamble nor disparage abstention
16.3.8
link gambling to seduction, sexual success or enhanced attractiveness
16.3.9
portray gambling in a context of toughness or link it to resilience or
recklessness
16.3.10
suggest gambling is a rite of passage
16.3.11
suggest that solitary gambling is preferable to social gambling
16.3.12
be likely to be of particular appeal to children or young persons, especially
by reflecting or being associated with youth culture
16.3.13
be directed at those aged below 18 years (or 16 years for football pools,
equal-chance gaming [under a prize gaming permit or at a licensed family
entertainment centre], prize gaming [at a non-licensed family
entertainment centre or at a travelling fair] or Category D gaming
machines) through the selection of media or context in which they appear
16.3.14
include a child or a young person. No-one who is, or seems to be, under
25 years old may be featured gambling or playing a significant role. Noone may behave in an adolescent, juvenile or loutish way.
Individuals who are, or seem to be under 25 years old (18-24 years old)
may be featured playing a significant role only in marketing
communications that appear in a place where a bet can be placed directly
through a transactional facility, for instance, a gambling operators own
website. The individual may only be used to illustrate specific betting
selections where that individual is the subject of the bet offered. The
image or other depiction used must show them in the context of the bet
and not in a gambling context.
16.3.15
exploit cultural beliefs or traditions about gambling or luck
16.3.16
condone or encourage criminal or anti-social behaviour
16.3.17
condone or feature gambling in a working environment. An exception
exists for licensed gambling premises.
16.4
Marketing communications for family entertainment centres, travelling
fairs, horse racecourses and dog race tracks, and for non-gambling leisure
facilities that incidentally refer to separate gambling facilities, for
example, as part of a list of facilities on a cruise ship, may include children
or young persons provided they are accompanied by an adult and are
socialising responsibly in areas that the Gambling Act 2005 (as amended)
does not restrict by age.
16.5
Marketing communications for events or facilities that can be accessed
only by entering gambling premises must make that condition clear.
Alcohol:
18.1
Marketing communications must be socially responsible and must contain
nothing that is likely to lead people to adopt styles of drinking that are
unwise. For example, they should not encourage excessive drinking. Care
should be taken not to exploit the young, the immature or those who are
mentally or socially vulnerable.
18.2
Marketing communications must not claim or imply that alcohol can
enhance confidence or popularity.
18.3
Marketing communications must not imply that drinking alcohol is a key
component of the success of a personal relationship or social event. The
consumption of alcohol may be portrayed as sociable or thirst-quenching.
18.4
Drinking alcohol must not be portrayed as a challenge. Marketing
communications must neither show, imply, encourage or refer to
aggression or unruly, irresponsible or anti-social behaviour nor link alcohol
with brave, tough or daring people or behaviour.
18.5
Marketing communications must neither link alcohol with seduction,
sexual activity or sexual success nor imply that alcohol can enhance
attractiveness.
18.6
Marketing communications must not imply that alcohol might be
indispensable or take priority in life or that drinking alcohol can overcome
boredom, loneliness or other problems.
18.7
Marketing communications must not imply that alcohol has therapeutic
qualities. Alcohol must not be portrayed as capable of changing mood,
physical condition or behaviour or as a source of nourishment. Marketing
communications must not imply that alcohol can enhance mental or
physical capabilities; for example, by contributing to professional or
sporting achievements.
18.8
Marketing communications must not link alcohol to illicit drugs.
18.9
Marketing communications may give factual information about the
alcoholic strength of a drink. They may also make a factual alcohol
strength comparison with another product, but only when the comparison
is with a higher-strength product of a similar beverage.
Marketing communications must not imply that a drink may be preferred
because of its alcohol content or intoxicating effect. There is an exception
for low-alcohol drinks, which may be presented as preferable because of
their low alcoholic strength.
In the case of a drink with relatively high alcoholic strength in relation to
its category, the factual information should not be given undue emphasis.
18.10
Marketing communications that include a sales promotion must not imply,
condone or encourage excessive consumption of alcohol.
18.11
Marketing communications must not feature alcohol being handled or
served irresponsibly.
18.12
Marketing communications must not link alcohol with activities or
locations in which drinking would be unsafe or unwise.
Marketing communications must not link alcohol with the use of
potentially dangerous machinery or driving. Marketing communications
may feature sporting and other physical activities (subject to other rules
in this section; for example, appeal to under-18s or link with daring or
aggression) but must not imply that those activities have been undertaken
after the consumption of alcohol.
18.13
Only in exceptional circumstances may marketing communications feature
alcohol being drunk by anyone in their working environment.
18.14
Marketing communications must not be likely to appeal particularly to
people under 18, especially by reflecting or being associated with youth
culture. They should not feature or portray real or fictitious characters who
are likely to appeal particularly to people under 18 in a way that might
encourage the young to drink. People shown drinking or playing a
significant role (see rule 18.16) should not be shown behaving in an
adolescent or juvenile manner.
18.15
Marketing communications must not be directed at people under 18
through the selection of media or the context in which they appear. No
medium should be used to advertise alcoholic drinks if more than 25% of
its audience is under 18 years of age.
18.16
People shown drinking or playing a significant role must neither be nor
seem to be under 25. People under 25 may be shown in marketing
communications, for example, in the context of family celebrations, but
must be obviously not drinking.
18.17
Marketing communications may give factual information about product
contents, including comparisons, but must not make any health, fitness or
weight-control claims.
The only permitted nutrition claims are low-alcohol, reduced alcohol
and reduced energy and any claim likely to have the same meaning for
the consumer.
Children:
5.1
Marketing communications addressed to, targeted directly at or featuring
children must contain nothing that is likely to result in their physical,
mental or moral harm:
5.1.1
children must not be encouraged to enter strange places or talk to
strangers
5.1.2
children must not be shown in hazardous situations or behaving
dangerously except to promote safety. Children must not be shown
unattended in street scenes unless they are old enough to take
responsibility for their own safety.
Pedestrians and cyclists must be seen to observe the Highway Code
5.1.3
children must not be shown using or in close proximity to dangerous
substances or equipment without direct adult supervision
5.1.4
children must not be encouraged to copy practices that might be unsafe
for a child
5.1.5
distance selling marketers must take care when using youth media not to
promote products that are unsuitable for children.
Credulity and unfair pressure
5.2
Marketing communications addressed to, targeted directly at or featuring
children must not exploit their credulity, loyalty, vulnerability or lack of
experience:
5.2.1
children must not be made to feel inferior or unpopular for not buying the
advertised product
5.2.2
children must not be made to feel that they are lacking in courage, duty or
loyalty if they do not buy or do not encourage others to buy a product
5.2.3
it must be made easy for children to judge the size, characteristics and
performance of advertised products and to distinguish between real-life
situations and fantasy
5.2.4
adult permission must be obtained before children are committed to
buying complex or costly products
5.3
Marketing communications addressed to or targeted directly at children:
5.3.1
must not exaggerate what is attainable by an ordinary child using the
product being marketed
5.3.2
must not exploit childrens susceptibility to charitable appeals and must
explain the extent to which their participation will help in any charitylinked promotions.
Direct exhortation and parental authority
5.4
Marketing communications addressed to or targeted directly at children:
5.4.1
must not actively encourage children to make a nuisance of themselves to
parents or others and must not undermine parental authority
5.4.2
must not include a direct exhortation to children to buy an advertised
product or persuade their parents or other adults to buy an advertised
product for them.
5.5
Marketing communications that contain a direct exhortation to buy a
product via a direct-response mechanism must not be directly targeted at
children. Direct-response mechanisms are those that allow consumers to
place orders without face-to-face contact with the marketer.
Promotions
5.6
Promotions addressed to or targeted directly at children:
5.6.1
must make clear that adult permission is required if a prize or an incentive
might cause conflict between a childs desire and a parents, or other
adults, authority
5.6.2
must contain a prominent closing date if applicable (see rule 8.17.4)
5.6.3 must not exaggerate the value of a prize or the chances of winning
it.
5.7
Promotions that require a purchase to participate and include a direct
exhortation to make a purchase must not be addressed to or targeted at
children. See Section 8: Sales Promotions.
Weight Control and Slimming:
13.1
A weight-reduction regime in which the intake of energy is lower than its
output is the most common self-treatment for achieving weight reduction.
Any claim made for the effectiveness or action of a weight-reduction
method or product must be backed, if applicable, by rigorous trials on
people; testimonials that are not supported by trials do not constitute
substantiation.
13.2
Obesity in adults is defined by a Body Mass Index (BMI) of more than 30
kg/m2. Obesity is frequently associated with a medical condition and,
except where stated in 13.2.1, a treatment for it must not be advertised to
the public unless it is to be used under suitably qualified supervision. Nonprescription medicines that are indicated for the treatment of obesity and
that require the involvement of a pharmacist in the sale or supply of the
medicine may nevertheless be advertised to the public.
13.2.1
Lifestyle weight management programmes which meet the following
standards may make responsible references to obesity in their marketing
communications. These programmes must:
be shown to be effective at 12 months or beyond
last at least three months
be multi-component; addressing dietary intake, physical activity levels
and behaviour change
be developed by a multi-disciplinary team; including input from a
registered dietician, registered practitioner psychologist and a qualified
physical activity instructor, and
be provided by staff who are trained to deliver the programme in
question.
Marketers should have regard to the guidance on "Managing overweight
and obesity in adults lifestyle weight management services" published
by the National Institute for Health and Care Excellence (NICE).
13.3
Marketing communications for any weight-reduction regime or
establishment must neither be directed at nor contain anything that is
likely to appeal particularly to people who are under 18 or those for whom
weight reduction would produce a potentially harmful body weight (BMI of
less than 18.5 kg/m2). Those marketing communications must not
suggest that being underweight is desirable or acceptable.
13.4
Before they make claims for a weight-reduction aid or regimen, marketers
must show that weight-reduction is achieved by loss of body fat.
Combining a diet with an unproven weight-reduction method does not
justify making weight-reduction claims for that method.
13.5
Marketers must be able to show that their diet plans are nutritionally wellbalanced (except for producing a deficit of energy) and that must be
assessed in relation to the category of person who would use them.
13.6
Vitamins and minerals do not contribute to weight reduction but may be
offered to slimmers as a safeguard against any shortfall in recommended
intake when dieting.
13.7
Marketers promoting Very Low Calorie Diets or other diets that fall below
800 kilo-calories a day must do so only for short-term use and must
encourage users to take medical advice before embarking on them.
Marketers should have regard to the guidance on "Obesity: the prevention,
identification, assessment and management of overweight and obesity in
adults and children" (2006) published by the National Institute for Health
and Care Excellence.
13.8
Marketing communications for diet aids must make clear how they work.
Prominence must be given to the role of the diet and marketing
communications must not give the impression that dieters cannot fail or
can eat as much as they like and still lose weight.
13.9
Marketing communications must not contain claims that people can lose
precise amounts of weight within a stated period or, except for marketing
communications for surgical clinics, establishments and the like that
comply with rule 12.3, that weight or fat can be lost from specific parts of
the body.
13.9.1
Marketing communications for surgical clinics, establishments and the like
that comply with rule 12.3 must not refer to the amount of weight that
can be lost.
13.10
Claims that an individual has lost an exact amount of weight must be
compatible with good medical and nutritional practice. Those claims must
state the period involved and must not be based on unrepresentative
experiences. For those who are normally overweight, a rate of weight loss
greater than 2 lbs (just under 1 kg) a week is unlikely to be compatible
with good medical and nutritional practice. For those who are obese, a
rate of weight loss greater than 2 lbs a week in the early stages of dieting
could be compatible with good medical and nutritional practice.
13.10.1
Health claims in marketing communications for food products that refer to
a rate or amount of weight loss are not permitted.
13.11
Resistance and aerobic exercise can improve muscular condition and tone
and that can improve body shape and posture. Marketers must be able to
substantiate any claim that such methods used alone or in conjunction
with a diet plan can lead to weight or inch reduction. Marketing
communications for intensive exercise programmes should encourage
users to check with a doctor before starting.
13.12
Short-term loss of girth may be achieved by wearing a tight-fitting
garment. That loss must not be portrayed as permanent or confused with
weight or fat reduction.
