Introduction Index

Principles of These Notes of Guidance
Television advertising is still the most powerful advertising medium and hence is the most highly regulated. Like all broadcast content, advertising is subject to pre-transmission approval before broadcast.  This pre-clearance is to prevent unsuitable or inappropriate advertising being shown in a medium which commands high levels of credibility and trust of the viewer.

Rules governing standards in television advertising are set out in the Code of Advertising Standards produced by and administered by Broadcast Committee of Advertising Practice (BCAP).  Throughout these Notes of Guidance, any reference to the Code means the BCAP Code.

Clearcast is funded by the terrestrial and major satellite broadcasters and its role is to pre-clear, on their behalf, all advertising that appears on their channels.

The following Notes of Guidance are produced by Clearcast for the use of advertisers, advertising agencies and Clearcast member broadcasters in order to supplement and clarify, where necessary, the application of the Code and associated rules and to ensure a high level of compliance with them.  They are a record of best practice built up over 50 years of experience in television advertising, working with the various regulators and regulatory codes.

The Notes of Guidance do not have the force of law. Likewise, written or verbal communications with Clearcast should not be considered as constituting legal advice (unless explicitly stated).

Clearcast is in regular contact with advertising agencies to assist and advise them in preparing advertisements that can then be broadcast with a high degree of confidence that they are compliant with the Code;  their advertising investment is accordingly protected.  Similarly the broadcasters are assured that the integrity of their medium is maintained.

The high standards of compliance that result benefit advertisers, agencies and broadcasters but, most of all, the viewers who will be neither misled not offended by television advertising and can maintain the high levels of confidence and trust which they place in the medium.

Working with Clearcast
Advice on compliance of advertising proposals is provided by Clearcast on an on-going basis and is free of charge.

Clearcast’s constituent broadcasters require that all advertising transmitted by them first gains approval from Clearcast. This requires that Clearcast view in advance all advertisements destined for their channels. In practice, however, Clearcast will advise at an earlier stage in the development of advertising by offering advice on pre-production scripts before any substantial advertising commitment is made.

It is therefore in the interests of advertisers and agencies that they contact Clearcast at the earliest possible stage in the development of television advertisements to avail themselves of this advice and assistance.

Submitting Material to Clearcast for Clearance
A detailed guide to submitting material to Clearcast will be found in Appendix 1 to these Notes.

Liability
Clearcast’s role is to assist advertisers and their agencies to ensure that their proposed advertising complies with the relevant laws, regulations and industry codes and these notes of Guidance. However Clearcast accepts no responsibility for any liability of any nature which may be incurred by advertisers or their agencies in connection with the broadcast, delay in broadcast or non broadcast of any advertising submitted for clearance to Clearcast.  All or any such liability is excluded. However this exclusion does not apply to any liability which Clearcast may incur for death, personal injury or for fraud.

The Regulatory Background
All UK based broadcasters are obliged under the terms of the Broadcasting Act to hold a licence to operate and this is granted by the statutory regulator Ofcom. Broadcasters have to comply with the terms of their licence or risk being fined by Ofcom or having their licence withdrawn. It is a condition of the grant and holding of the licence that broadcasters ensure advertising material they carry complies with the BCAP Television Advertising Standards Code. From 1 November 2004 the ownership of that Code has been contracted out by Ofcom to the Broadcast Committee of Advertising Practice Ltd. (BCAP), part of the Advertising Standards Authority and adjudications relating to complaints made about television advertising has been contracted out to the Advertising Standards Authority (Broadcast) Ltd (ASA (B)).

Broadcasters remain obliged to ensure compliance under this new arrangement and indeed continue to be committed to the highest standards in television advertising. Full details about the ASA (B) complaints process will be found on their website at http://www.asa.cap.org.uk/ and an explanation of Clearcast’s role in dealing with complaints will be found in these guidance notes at section 1.4.

Clearcast Constitution
Clearcast is owned and funded by eight main UK broadcasters.  Other broadcasters using its services can subscribe individually for clearance provided by Clearcast.