The British Code of Advertising Practice (BCAP)

The British Code of Advertising Practice (BCAP) is what is known as a voluntary code. Don't be misled by this term. It does not mean that you can choose whether to apply it or not! It is a code of practice agreed by the advertising industry and the media, and anyone who advertises must comply with it. If your ad contravenes the code, it will not be accepted for publication or transmission. BCAP is administered by the Advertising Standards Authority (ASA). There are six main areas covered by BCAP which you need to be aware of.

1. decency
2. truthfulness
3. health claims
4. safety
5. children
6. environmental claims.

Decency
The code says that advertisements should contain nothing which is likely to cause grave or widespread offence, including causing offence on the grounds of race, religion, sex, sexual orientation or disability. The final arbiter of what is likely to cause offence is the ASA. If you are in doubt as to whether your own ad would fall into this category, consult the newspaper or magazine you are planning to advertise in (as they will have to decide whether or accept it or not), or

The Advertising Standards Authority
2-16 Torrington Place
London WC1E 7HN

If your ad is accepted for publication ASA will probably only become involved if they receive a complaint from a member of the public. If they uphold the complaint, you will be asked to amend your ad; if you refuse you will find that it will no longer be accepted by the media.

Truth
Truth in advertising is slightly more complex.

a. Advertiser's license is acceptable when making subjective claims which cannot be quantified. For example, to advertise a book as

The Best Book on the Subject

is acceptable. The judgement of what is best is subjective, and it can't be substantiated. This is an acceptable piece of advertisers' license. So terms like 'enormous savings','amazing value' or 'beautiful design' can all be used, even if many readers do not agree with them. If, however, you were to say

The Only Book to Cover the Syllabus

you would have to able to substantiate your claim. Whether or not yours is the only book to cover the syllabus is something which can be proved to be truthful or not.

b. Prices are of particular concern when considering the truthfulness of advertising. If you show prices in your ad, then it must be clear what they refer to. If you quote a price for a set of tea cups, but illustrate the whole set, including the teapot, sugar bowl and milk jug, then you must make it clear that only the cups are included in the price. Another stipulation is that if prices do not include VAT, then that fact must be stated as prominently as the price itself.

c. Testimonials, in which someone endorses your product, are another area that can cause problems. Any testimonial must refer to the product you are advertising. If you change the product in any way, then the original testimonial is no long valid. The testimonial must also be truthful in itself. If you need a telescope to see the sea from your hotel, you cannot say

'Sunnyside Hotel has Extensive Sea Views' -Mr. Peter Brown.

Even if Mr. Brown did say it, it is not truthful, so you cannot use his quote. You also need the permission of the person concerned before you can use their name. Even if a famous film star uses your hairdressing salon, you cannot say so in your advertising without their permission.

Health claims
If you are advertising anything offering health benefits you should consult the ASA for advice. BCAP is particularly strict in this regard; it has a list of diseases and conditions for which advertising is not allowed, and provision for a number of specific claims, including the prohibition of celebrity endorsement of medicines and restrictions on the way slimming products are advertised.

Safety
There are several safety provisions in BCAP, particularly relating to alcohol and motoring advertisements. For example, speed should not be portrayed in such a way as to encourage people to break the law, and alcohol advertisements should not encourage drinking and driving or suggest that the effects of alcohol can be masked in some way.

Children
There are restrictions on -advertisements which encourage children to make excessive purchases, or which promote unhealthy eating habits such as 'snacking' or eating too many sweets. You may not advertise alcoholic drinks in a medium if more than twenty-five per cent of its audience is under 18.

Environmental claims
Claims such as environmentally friendly should not be used without qualification unless there is convincing evidence that the product will cause no environmental damage. Moreover, if your product has never had any adverse effect on the environment, you cannot claim to have changed the formula to mate it environmentally friendly.

Advertising by Frank Jefkins and Daniel Yadin