Although bearing some similarities to broadcast TV advertising, advertising on Video on Demand (VOD) services is non-broadcast, in the same way as other internet ads and website content, and is therefore covered by the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the CAP Code). Advertisers using VOD should ensure that their ads comply with the relevant sections of the CAP Code and Appendix 2 which applies specifically to VOD advertising. The Appendix contains rules that apply to regulated on-demand services, and reflect the legal requirements in the Communications Act 2003 (as amended) with which media service providers must ensure they comply.
The Committee of Advertising Practice (CAP) has produced a Help Note about Advertising in video-on-demand services that contains further information and guidance on VOD advertising.
Advertising on music streaming services
Similarly advertisers can sometimes be unclear as to whether advertising on online music streaming services is broadcast, like radio advertising, or non-broadcast and therefore subject to the CAP Code. As the ad is served only at the request of the user, when they access content online, the ad is considered non-broadcast and therefore falls within the remit of the CAP Code.
More information on the remit of the CAP Code can be found in the Remit: General Advice Online.
The Copy Advice team offer a free advice service to advertisers, and are happy to help ensure that their VOD, and other ads, are compliant.