BCAP Consultation: The Regulation of Unfair Commercial Practices in TV and Radio Advertisements
24 June 2008
The Consumer Protection Regulations (CPRs) prohibit unfair trading practices and identify misleading and aggressive practices as forms of unfair practice. They introduce legal definitions of unfair, misleading and aggressive trading practices and set out a framework for the assessment of commercial practices that are alleged to be unfair. The CPRs also prohibit specific practices on the grounds that they are always unfair.
Marketing communications are a form of trading practice and are therefore subject to the CPRs. With advice from the Office of Fair Trading, BCAP and CAP have sought to bring the UK’s broadcast and non-broadcast advertising codes in line with that new legislation.
Today, BCAP launches its consultation on the Regulation of Unfair Practices in TV and Radio Advertisements and invites stakeholders’ opinions on whether BCAP has correctly reflected the new legal requirements. The consultation closes on 22 July at 5pm. The vast majority of rules presently in the BCAP TV and Radio Codes are already consistent with the Regulations but, to the extent that any rules are inconsistent with the Regulations, the provisions of the Regulations will take precedence.
- You can read the full text of the Consumer Protection Regulations here
- You can read the full text of the Business Protection Regulations here
- The OFT has published interim guidance on the Consumer Protection Regulations here
CAP is not consulting, preferring to publish its amendments immediately to help the advertising industry to comply with the new legal provisions; CAP’s revised clauses come into immediate effect. In its forthcoming comprehensive review of the CAP Code, CAP will nevertheless take into account any changes that BCAP makes as a result of its consultation. The latest version of the CAP Code is available here and changes that take account of the CPRs are made available here