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Advertising in the UK is controlled through a combination of codes of practice and legislation.

Advertising codes 

There are two advertising codes:

The CAP Code covers non-broadcast advertising, sales promotion and direct marketing. The BCAP Code covers the rules for broadcast advertising. These are enforced, where necessary, by the .

If you follow the principles of the relevant codes, you are unlikely to run into legal problems. For more information about the codes and their scope, see the CAP and BAP Advertising Codes.

Broadcast regulations

If you plan to advertise on radio or TV, you should know the .

Broadcasting regulations are detailed, with some products and services banned from being advertised over broadcast media. Care must also be taken with advertisements aimed at children.

Paying to have your product or service included or referred to in selected types of TV broadcasts is called product placement. This includes:

• films
• series made for TV or other audiovisual media services - eg video on demand
• sports programmes
• light entertainment shows

However, some goods can't be placed in programs. It's banned in all children's, news, current affairs, consumer affairs, and religious shows.

Consumer law

In all cases, there are specific legal requirements that your advertising must meet. The most important of these are as follows:

• Under the Consumer Right Act, your goods must match your description of them. See legislation affecting the sale of goods. 
• The Consumer Protection from Unfair Trading Regulations prohibits the use of misleading descriptions of your goods and aggressive selling tactics towards consumers.
• The Business Protection from Misleading Marketing Regulations 2008 prohibits advertising that misleads traders.

Your advertising must also follow laws on printed and broadcast material. These cover accuracy, decency, and copyright. Remember that you must not disparage another business or its products or services in your advertising. If you are found to have done so, you could be sued for defamation.

There are two advertising codes of practice in the UK. These are the responsibility of industry committees:

The CAP Code

The non-broadcast code applies to advertisements, sales promotions and direct marketing communications. This includes:

• advertisements in printed material - eg newspapers, magazines, brochures and leaflets
• posters in public places, including those with moving images
• commercials in cinemas and on DVDs, videos and Blu-ray discs
• electronic media advertisements other than on radio or television - eg paid-for internet search listings and online advertisements, including banner and pop-up advertisements
• any online statement under your control that's intended to sell your product or service
• advertisements in e-mails, faxes and mobile phone text messages - including SMS, MMS (multimedia messaging service) and those transmitted via Bluetooth
• sales promotions, wherever they appear
• advertorials - ie advertisements designed to look like editorial text

The BCAP Code

The broadcast code applies to all advertisements and sponsorship credits on radio and television services licensed by the industry regulator Ofcom. This includes:

• teleshopping
• content on self-promotional television channels
• television text and interactive television advertisements
• sponsorship credits on radio and television services 

General guidance

Under both codes, you must be able to prove what is claimed in your advertisements. In addition, if you are presenting a point of view about your products you must make it clear that it is an opinion rather than a statement of fact.

Compliance with the relevant code helps your advertising stay within the law. You should ask yourself the following questions:

• Is the marketing communication socially irresponsible?
• Is it likely to offend its audience or cause fear or distress without good reason?
• Does it show unsafe or anti-social behaviour?
• Does it encourage people to break the law?

Some sectors have specific requirements. They apply to food, medicines, tobacco, and alcohol. For example, you can claim your drink is 'low in alcohol' only if it contains between 0.5% and 1.2% alcohol by volume.

Guidance on complying

CAP offers a wide range of advice. It can help you ensure your ads and direct marketing don't breach the Committee's codes.

Search previous to find guidance on specific issues and products.

To help with your non-broadcast media advertising, you can on rulings and guidance from the CAP and the ASA. These alerts are issued each time a business has breached the rules. Checking the relevant alerts may prevent future problems.

The CAP offer a free to help organisations find out if their ad campaign complies with the rules. 

Once a complaint about your business' advertising or promotion is registered with the Advertising Standards Authority (ASA), the ASA can decide that:

• your marketing communication falls outside the scope of the Advertising Codes
• there is no case to answer
• there should be a formal investigation of the communication
• there has been a minor breach of the codes that can be informally resolved

Sanctions, when complaints are upheld, include:

• insistence on the removal of the offending advertisement
• refusal of further advertising space
• adverse publicity
• referral to the ASA's legal backstops (Ofcom and the Competition and Markets Authority) for consideration of sanctions - for persistent offences

There are special provisions to deter tit-for-tat complaints from your competitors. If a competitor wants to lodge a complain against your business, they must allow their name to be public and justify their complaint to the ASA.

If you want to about one of your competitors, you are obliged to try to resolve differences through the relevant trade organisations. Complaints are not pursued if the point at issue is the subject of legal action in progress. For example, if you are involved in a legal dispute with a rival lawnmower manufacturer over the intellectual property of a new engine, the ASA will not investigate the complaint.

Complaints to the ASA about breaches of the Advertising Codes are investigated free of charge and must be made in writing within three months of the marketing communication's appearance. A copy of the marketing communication detailing where and when it appeared should accompany the complaint. 

There are various rules you must follow when advertising your products online or via email.

The  code includes marketing messages on businesses' own websites, and other online content under their control.

This means that both paid-for and non-paid-for advertising and marketing online must comply with the CAP Code. This includes:

• banner and commercial classified adverts - including adverts within emails
• pop-up adverts
• paid-for search listings
• paid-for listings on price comparison sites
  statements on your website intended to sell or promote your product or service
• sales and marketing messages on social networking pages under your control - eg Facebook or Twitter
• paid-for and non-paid-for sales promotions
• influencer marketing

However, the extended scope of the CAP Code does not include user-generated content on your website, or similar feedback on social networking sites - unless you incorporate it into your own marketing material.

Additional rules for commercial emails

The Electronic Communications Act 2000 requires you to make all commercial emails clearly identifiable as such, either in the header or within the text of the email.

Electronic communications rules also require that you get opt-in permission from consumers you send marketing emails to, unless they're existing or former customers or someone you have previously negotiated. Even then, you must still give them the chance to opt-out at the end of every email.

For more information on the rules regarding email marketing, see email marketing.

Rules for pay-per-click advertising

The major pay-per-click (PPC) providers will ask that you comply with copyright, trademarks and anti-discrimination law when you use their services. The provider may also have their own rules for what can and cannot be advertised and how. Check each search engine for how they enforce online advertising standards.

PPC terms and conditions will typically set out that it is your responsibility as the advertiser to:

• check your right to use any copyright or copyrighted content - ie you must not promote copyrighted content without the permission of the copyright holder
• not advertise products that are replicas or imitations of designer goods (a replica item contains the trademarked name or logo of a designer brand, but is not made by that brand)
• avoid using words that could be considered discriminatory or offensive to any protected group

Following rules of clear advertising lets customers make informed choices about your product or service. This will help to eliminate potential complaints and a breakdown in customer service. 

Misleading advertising prompts the highest number of complaints made to the Advertising Standards Authority. Advertisements with misleading claims generate around 70% of the cases they deal with each year.

Rules to prevent misleading advertising applies to all types of ads - including TV, radio, outdoor, email and online. Avoid these common mistakes to ensure you give your customers clear and unambiguous information. 

1.    Unclear pricing

Make sure your pricing information includes all charges, such as VAT and booking fees. Consider the rules on if you sell online. 

2.    Omitting key information

It is important to state the key of any offers. You shouldn't try to hide conditions in the 'small print', instead they should be clearly seen near your main claim.

3.    Exaggeration

You should ensure that any claims about your product or service are truthful. Consider whether a consumer would be able to tell the difference between a subjective claim and one that can be backed up with evidence. A claim such as 'for that buttery flavour' would be seen as a marketer's subjective opinion. A claim such as 'the UK's most buttery tasting spread' suggests that there is some objective evidence to back this up, such as an independent taste survey.  

4.    Excluding evidence

If you do choose to include an objective claim in your advertising - make sure you can back it up. Evidence can include independent studies and surveys. For some types of products you may need a clinical trial to back up any .