Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
In addition to complying with the CAP Code, marketers have an obligation to comply with relevant legislation (rule 1.10). The CAP Code is designed to reflect the law, and some sections have explicit references to relevant legislation. However the Code does not cover marketers’ legal obligations in full and they remain marketers’ responsibility. Although they will, if appropriate, refer enquirers to an appropriate regulatory body where possible, the CAP Copy Advice team does not give legal advice.
Neither CAP nor the ASA enforces or interprets the law and if either believes it is better to refer a matter, or enquirer, to a law enforcement body, it will do so.
The tenth edition of the Code listed some of the relevant legislation but that list was excluded from the eleventh edition of the Code. A list, which is not intended to be exhaustive, of some of the statutes and regulations affecting marketing communications is available here. It does not cover all the legislation that marketers should have regard to and marketers should take legal advice.