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.
Please note : CAP understands that the regulatory responsibility for premium rate services will transfer from the Phone-paid Services Authority to Ofcom with effect from 1 February 2025. It is likely there will be updates to the Code to reflect this, and the guidance will be further updated in due course.
The CAP Code does not apply to the content of "premium-rate services" (PRS), but it does apply to ads for those services.
Consumers pay for these services at a "premium rate", through their phone bill. Examples of these services include horoscopes, chatlines, adult material, and competitions. Numbers starting 09, 087 and 118 will incur charges at premium rates.
The Scope of the Code states:
II The Code does not apply to:
b. the contents of premium-rate services, which are the responsibility of the Phone-paid Services Authority; marketing communications that promote those services are subject to Phone-paid Services Authority regulation and to the CAP Code
The Phone-paid Services Authority (PSA) Code of Practice applies to the content of these services:
https://psauthority.org.uk/For-Business/Code-Guidance-and-Compliance
Advertisements for these services are still subject to the CAP Code. Complaints about these ads may be investigated by the ASA, independent of the PSA.
See our advice on ads for Premium-rate Services.