CAP Policy Update
The Executive began pre-consultation work in November, engaging with a
range of stakeholders in England and the devolved nations. It has now finished this pre-consultation
work and is preparing to publish the full CAP consultation on whether to
introduce further restrictions on HFSS advertising to children in May.
CAP has recently taken the decision to change references to “sales promotions” to “promotional marketing” in the CAP Code, to reflect practitioners’ current understanding of the range of activity involved in running promotions. This has resulted in a change to the name of the CAP Code as well as section 8 itself and a number of other references in the CAP Code as well as guidance. The BCAP Code contains one reference to “sales promotions” in rule 19.11. This will be amended to refer simply to ‘promotions’, to remain consistent with the CAP rules. These changes represent a change in terminology and shouldn't affect the interpretation of the rules.
Gambling risk factors
Following the publication of the Gambling Review in 2015, CAP &
BCAP had issued a call for evidence to a variety of stakeholders in the
industry, asking for evidence of treatments in gambling ads that might be
likely to increase the risk of harmful gambling behaviour. The aim of this
project had been to enhance the existing guidance on the gambling rules. The
responses to this call for evidence had not indicated that changes to the
guidance were warranted. In March, CAP
& BCAP published a regulatory
statement along with an evaluation of all the responses to reflect this,
noting that they remained open to receiving new evidence in the future.
basis of a future Code Review
CAP and BCAP have considered whether there was a need for a full Code
Review of the kind that had been undertaken between 2007 and 2009. Given that there have been no significant
changes to the ASA system since the last Code Review that brought together
legacy codes from the ITC and RA, and considering that the Regulatory Policy
team regularly report to the Committees on potential changes to the Codes as
part of a continual process of review to respond to legislative, social and
market changes, CAP and BCAP consider there is no need for a wholesale review
at this time. It is likely that the Executive
will review the usability and presentation of the Codes during 2016, as part of
the work being carried out by the ASA/CAP Communications team to refresh the
ASA and CAP websites.
Tobacco Products Directive
CAP and BCAP have
been giving particular attention to the development of the Tobacco and Related
Products Regulations 2016 (TRPR) which implement the European Tobacco Products
Directive and will become law in the UK on 20 May 2016.
restrictions on the ads which have the direct or indirect effect of promoting
unlicensed, nicotine-containing cigarettes.
CAP published an article in
February setting out its best understanding of the effect of the law. It is now
working closely with the Department of Health to refine that understanding and
will make further announcements in due course on how it intends to reflect the
Causes and ideas
In Autumn 2015, it was the 12 month anniversary of the decision to
remove causes and ideas in non-paid-for “offline” space from the remit of the
CAP Code. When the decision was
announced in 2014, CAP had committed to review its decision after that time. During
that period there had been no material objections to the change either
internally or externally and on that basis, CAP has decided to maintain the
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