CAP Code Review consultation - Executive summary

The present CAP Code was last reviewed over five years ago. The Code has changed since then in response to changes in society, for example to reflect changes in law or to address socio-political matters, but the Code is otherwise unchanged.

CAP considers it is timely to conduct a major review of its Code to ensure the rules for non-broadcast advertisements, sales promotion and direct marketing communications are up to date and fit for purpose.

CAP’s general policy objective is to ensure that all non-broadcast marketing communications covered by the CAP Code are legal, decent, honest and truthful and prepared with a due sense of social and professional responsibility.

CAP intends its Code to be based on the enduring principles that marketing communications should not mislead, harm or offend. A CAP objective is to ensure that the Code adequately protects children and others whose circumstances seem to CAP to put them in need of special protection, yet retains an environment in which responsible advertising can flourish. CAP intends its rules to be transparent, accountable, proportionate, consistent, targeted only where regulation is needed and written so that they are easily understood, easily implemented and easily enforced.

CAP proposes to add to, delete, replace or amend existing rules in line with its general policy objectives. But proposed changes to the existing Codes are the exception and not the norm; most of CAP’s proposed Code includes standards established in the present Code, which have stood the test of time and continue to offer necessary protection for the public and a level playing field for the non-broadcast advertising industry.

The CAP Code is media-neutral. The interpretation of the Code will continue to take into account the characteristics of each medium and other contextual factors that determine whether an advertisement, a sales promotion or a direct marketing communication complies with the Code.

In its pre-consultation review of the present Code, CAP has held informal talks with people and organisations to fill gaps in its understanding and to gauge whether it is thinking in the right direction.

CAP has directly invited responses to this consultation from a wide cross-section of society and undertakes to look at each response carefully and with an open mind. CAP intends to respond to all significant comments in its post-consultation evaluation of responses, which CAP will make available on the CAP website, www.cap.org.uk, on publication of CAP’s new Code.

The consultation will remain open for twelve weeks in line with regulatory best-practice guidelines and close at 5.00pm on Friday 19 June 2009.