What rules actually govern advertising, and what does the ASA do?
Advertising in the UK sits under a co-regulatory system: industry-written codes enforced by a self-regulatory body, backed by statutory regulators who can act where self-regulation fails. Understanding the two layers explains why the system has more teeth than it appears to.
The codes. The CAP Code covers non-broadcast advertising — websites, social media, email, print, outdoor — and the BCAP Code covers broadcast. A brand's own website and social media are advertising for these purposes, which surprises people regularly.
The ASA administers them: it investigates complaints, rules on whether an ad breached the code, and publishes rulings. Anyone can complain, a single complaint is enough to trigger investigation, and complaints from competitors are treated the same as those from the public.
The core requirements, which are short and broad:
Not misleading. This is the one most rulings turn on. Advertisers must hold documentary evidence for objective claims before publishing, and the burden sits with the advertiser — it is not for the ASA to disprove the claim.
Not harmful or offensive, including rules on social responsibility.
Obviously identifiable as advertising, which is the basis of influencer disclosure enforcement.
Specific sector rules for alcohol, gambling, food and drink high in fat, salt or sugar, financial products, medicines and health claims, and anything directed at children.
What happens when you breach. The ASA cannot fine. Its sanctions are publication of the ruling — reputationally significant and highly visible in search results — removal of the ad, withdrawal of trade privileges, ad space denial, and paid search ads highlighting the non-compliance. For persistent breaches it refers to statutory bodies: Trading Standards, the CMA, Ofcom, or the FCA for financial promotions, and those bodies do have fining powers.
Other regimes apply simultaneously, including consumer protection law and specific rules on pricing and subscriptions.
Copy advice is free before publication. General information, not legal advice.