Membership
CAP (Broadcast) exists alongside and separately from the non-broadcast Committee of Advertising Practice. The two Committees share a single Chairman – Andrew Brown, Director General of the Advertising Association – and partly overlapping members for liaison between the two code-owning bodies.

Legal foundation
The legal foundation for the establishment of CAP (Broadcast) and its role within the new broadcast co-regulatory system is the Deregulation and Contracting Out Act 1994. This Act allows for a Minister or public authority to delegate or ‘contract out’ specific functions or duties to another person or organisation. Ofcom has been given the power to contract out its functions under DCOA by Section 1(7) of the Act.

The broadcast advertising codes
The contracting-out process means that the broadcast advertising Codes, previously known as the Radio Authority’s Radio Advertising and Sponsorship Code and the Independent Television Commission (ITC) Television Advertising Standards Code, are now owned by the Broadcast Committee of Advertising Practice. The broadcast Codes retain their statutory foundation and Ofcom, which retains all its legal powers under the new system, must approve all Code changes and is ultimately able to insist on changes to the Codes, although it would not normally do so.

Few immediate changes have been made to the content of the Codes – although the names and branding now reflect the new ownership and one-stop ASA shop, not the previous regulators. References in the Codes to the ITC or Radio Authority have, where relevant, been changed to the new regulatory bodies as appropriate.

The TV Advertising Standards Code is complemented by separate sections that cover: text services, appeal to children, scheduling, text and subtitles, interactive TV and the complaints-handling process that the ASA now operates on complaints about broadcast ads. Both the radio and TV Codes have been updated to reflect recent legislation that affects advertising and marketing in the UK. Radio code sections that dealt with programming, sponsorship and broadcaster discrimination between advertisers have been deleted: they remain the responsibility of Ofcom; the CAP (Broadcast) Codes cover advertising content only.

When making future changes to the broadcast Codes, CAP (Broadcast) will consult the independent Advertising Advisory Committee (AAC), chaired by Elizabeth Filkin, which met for the first time early in 2005. The AAC’s report of its activities in 2004 can be found by clicking here.

Pre-clearance and monitoring
Television and radio broadcasters are required by the terms of their Ofcom licence to ensure compliance with the broadcast Codes and with the ASA. CAP (Broadcast) has no role in pre-clearing advertisements before they go to air – this remains the responsibility of the Broadcast Advertising Clearance Centre (BACC) and the Radio Advertising Clearance Centre (RACC).

Advice, training and support for advertisers and media is available from a new Code Policy and Monitoring team, which has been established as part of the CAP Executive to set and monitor compliance with the advertising codes.

The team will monitor advertising across all media and follow up code breaches that it finds.

CAP (Broadcast), like the ASA, is accountable to Ofcom for the effectiveness of broadcast self-regulation and is required to report to Ofcom quarterly on compliance, policy initiatives and proposed code changes and rule reviews.

Teleshopping
Concern about the potential for misleading pricing on teleshopping channels resulted in new guidance for broadcasters being issued within weeks of CAP (Broadcast) starting work. The guidance, given in the Help Note on Price Indications and Comparisons in Teleshopping Advertising, followed the £450,000 fine issued by Ofcom to the teleshopping channel Auctionworld for various breaches of the Television Advertising Standards Code.

Another channel, Shop Smart Television Ltd, also lost its licence after a referral to Ofcom by the ASA. Shop Smart had not responded to the ASA’s enquiries about delivery delays and poor customer service.

The Teleshopping Help Note is intended to prevent the use of false Recommended Retail Prices, exaggerated price cuts and deceptive comparisons with higher quality products by teleshopping channels. Broadcasters are entitled to price products at any level they want but must ensure that comparative or illustrative prices, whether they be Recommended Retail Prices (RRP), guide prices or similar, are genuine and not likely to mislead.

Alcohol
After public consultation and in response to public concern about Britain’s drinking culture and the need to protect under 18s, Ofcom published revised rules on the television advertising of alcohol on 1 November 2004.

In particular, the new rules intend to reduce the appeal of alcohol advertising to children and young teenagers, reduce the sexual content of some alcohol advertising and ensure that advertising does not encourage or condone anti-social or irresponsible behaviour and especially excessive or binge drinking.

The rules include requirements that:
> Advertisements for alcoholic drinks on television must not be likely to appeal strongly to people under 18, in particular by reflecting or being associated with youth culture. This could include ensuring that elements such as animation or music do not have strong youth appeal.

> Advertisements must not link alcohol with sexual activity or success or imply that alcohol can enhance attractiveness. Romance and flirtation scenes between the over 25s will still be allowed unless the ad is likely to appeal to youngsters or suggests that drinking has smoothed the path of passion.

> Television advertising for alcoholic drinks must not show, imply, or refer to daring, toughness, aggression or unruly, irresponsible or anti-social behaviour.

> Alcoholic drinks must be handled and served responsibly in television advertising and not splashed around or poured out lavishly in a carefree party setting.

Describing the new rules as ‘tough but workable’ CAP (Broadcast) confirmed that it would consult on guidance notes for interpreting and implementing them. Advertisers who have already committed themselves to campaigns that would not comply with the tougher new rules have a period of grace until 30 September 2005. All alcohol ads on air on or after 1 October 2005 will have to comply with the new rules. More information about the CAP (Broadcast) consultation is available at www.cap.org.uk.