July 5, 2016

CAP notes that political ads, and the parties, issues and policies they promote, “often inspire contention and debate”.  If the principle function of an ad (from any source, not just established political parties) is to influence voters in local, regional, national or international elections or referenda, it falls outside of the scope of the CAP Code.  Only if it were not intended to influence voters, would it be covered by the Code.

In the wake of the UK’s EU Referendum, CAP says that it has become aware of calls for the CAP Code to apply to political advertising so that it can be regulated by the ASA.  While CAP understands the generally widespread desire for political ads to be subject to the same standards of truthfulness and decency that all UK advertisers have to abide by, there are some “very good reasons” why political ads are exempt from regulation by the ASA system.  Regulating traditional advertising is very different from regulating material that forms part of the democratic process, CAP says, and also from regulating the press, which is why it does not cover editorial content either.

One of the main reasons for the exemption (in Section 7 of the Code) is that it would be inappropriate, and perhaps unhelpful, for the self-regulatory body for the advertising industry to intervene in the democratic process, CAP says.  The history behind the exclusion helps explain more about why this is the case.

Until 1999, non-broadcast political advertising was subject to some rules in the CAP Code.  However, following the 1997 General Election, CAP took into account several factors that risked bringing advertising regulation into disrepute and made the decision to exclude political ads from the ASA’s remit.  These factors included the short, fixed timeframes over which elections run, the likelihood that ads could be ruled upon after an election had taken place and concerns that the independence of the system could be damaged by rulings for or against political parties.  The absence of a consensus between the main political parties on bringing political advertising wholly within the scope of the Code also contributed to this decision.

In 1998, CAP referred the matter to the Neill Committee on Standards in Public Life, which recommended that political parties should establish a code of best practice in partnership with the advertising industry.

Then, in 2003, the Electoral Commission conducted a consultation on the regulation of electoral advertising and concluded that the ASA should not bear the responsibility for regulating such advertising.  The Commission did not establish a separate code at the time and this remains the case today.  “It’s not for us to say whether or not a body or code should be established but we understand that there have been more recent calls and support for a voluntary code of practice”, CAP says.

CAP advises that the best course of action for anyone with concerns about a political ad is to contact the party responsible and exercise their democratic right to tell them what they think.  In the age of social media this is easier than ever, and gives everyone a platform to express their opinions and share their knowledge with the rest of the voting public.  To read CAP’s note in full, click here.