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.
Although bearing similarities to broadcast TV and radio advertising, spot advertising on Video on Demand (VOD) and music streaming services, because the ad is served at the request of the user when they access content online, is considered non-broadcast advertising in the same way as other online ads and is therefore covered by the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code).
Marketers should ensure that their VOD ads comply with Appendix 2 of the CAP Code, which applies specifically to VOD advertising, as well as the other relevant sections of the Code. Appendix 2 contains rules that apply to regulated on-demand services and reflect the legal requirements in the Communications Act 2003 (as amended).
VOD programme content is regulated by Ofcom, this includes trailers for other programming on the VOD service. VOD sponsorship material (e.g. sponsorship 'idents') is likewise regulated by Ofcom.
See also ‘Remit: General’ and the Advertising Guidance note ‘Advertising in video-on-demand services’ for further information and guidance on VOD advertising.
Updated 5 December 2016