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The BCAP Code: The UK Code of Broadcast Advertising 77
Principle
These rules are intended to prevent the abuse of people's charitable impulses. Charity advertisements or advertisements that feature charities should treat with care and discretion any subjects likely to arouse strong emotions. Although audiences are generally more tolerant of potentially distressing treatments when the objectives of an advertisement are charitable, sensitivity is nevertheless required especially in relation to younger audiences.
Background
If it is relevant, broadcasters should take care to comply with Section 5: Children,
Section 7: Political and Controversial Matters, Section 9: Environmental Claims, Section
15: Faith, Religion and Equivalent Systems of Belief, and Section 32: Scheduling.
Advertisements must comply with the requirements of the Charities Act 1993 (as amended) and all relevant data protection legislation. For information on the Data
Protection Act 1998 go to: www.ico.gov.uk
Definitions
Rules in this section regulate charity advertisements and not the charities themselves, which are regulated by the Charity Commission (England and Wales)
www.charitycommission.gov.uk, The Department for Social Development (Northern
Ireland) www.dsdni.gov.uk, and the Office of the Scottish Charity Regulator (Scotland)
www.oscr.org.uk.
The rules apply to advertisements for charities (which include charitable bodies) and advertisements for other products and services that promote the needs or objectives of charities.
Rules
16.1 Radio Central Copy Clearance - Radio broadcasters must ensure advertisements subject to this section are centrally cleared.
16.2 Advertising is acceptable only from:
16.2.1 bodies registered with the relevant UK authorities as having charitable status or bodies that have had their charitable status otherwise officially recognised, for example by HM Revenue & Customs:
www.hmrc.gov.uk/index.htm.
16.2.2 bodies based outside the UK that supply to broadcasters confirmation that they comply with all relevant legislation in their home countries and
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evidence of their good faith, which might include audited accounts and a list of members of their governing body.
16.3 Advertisements seeking donations for, or promoting the needs or objectives of a
charitable body must not:
16.3.1 misrepresent the body, its activities or the benefits of donated funds or exaggerate the scale or nature of the cause it claims to support
16.3.2 suggest that anyone will lack proper feeling or fail in a responsibility by not supporting a charity
16.3.3 disrespect the dignity of those on whose behalf an appeal is being made
16.3.4 address fund-raising messages to children or likely to be of particular interest to them.
16.4 If the advertisement states that payment may be made by credit or debit card,
the donor's right to have any payment of £100 or more refunded must be stated.
Rules that apply to references to charities in other advertisements
16.5 Advertisements by non-charity advertisers which promote the needs or objects
of charitable bodies, or offer to assist them, are only acceptable if the bodies would be acceptable advertisers in their own right under rule 16.2.
16.6 Advertisements that include an offer to donate money to charity must:
16.6.1 not depend on sales reaching a given level or be subject to a similar condition. If a target total or an amount for each purchase is stated, any extra money given to the charity must be donated on the same basis as contributions below that level
16.6.2 identify the charity that will benefit and state the basis on which the contribution will be calculated (in accordance with rule 16.9) and, where more than one charity is involved, the advertisement may give a generic identification but should be accompanied by a statement listing the charities and the proportions in which they will benefit.
16.7 Broadcasters must hold evidence that each charity has agreed to the proposed
advertisement
16.8 Advertisements for medicinal products may offer to donate money to charity but
must not be likely to encourage indiscriminate, unnecessary or excessive purchases of medicinal products. Advertisements must state the basis on which
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The BCAP Code: The UK Code of Broadcast Advertising 79
the contribution will be calculated.
See also Section 11: Medicines, Medical Devices, Treatments and Health
16.9 Where a promotion states or implies that part of the price paid for goods or
services will be given to a charity or cause, the advertisement must state the actual amount or percentage of the price that will be paid to the charity or cause, for example, "£1 per sale" or "10% of the purchase price".
16.9.1 For any other promotion linked to a charity or where a third party states or implies that donations will be given to a charity or cause, the advertisement must state the total (or a reasonable estimate) of the amount the charity or cause will receive.
17
GAMBLING
The BCAP Code: The UK Code of Broadcast Advertising 81
Principle
The rules in this section are designed to ensure that gambling advertisements are socially responsible, with particular regard to the need to protect under-18s and other vulnerable persons from being harmed or exploited by advertising that features or promotes gambling.
Background
The legal framework for gambling in Great Britain, including the requirements for licensing operators, is set out in the Gambling Act 2005 (as amended).
The Gambling Act 2005 does not apply outside Great Britain. Licensees should ensure that specialist legal advice is sought when considering advertising any gambling product or service in Northern Ireland or the Channel Islands.
Spread betting may be advertised as an investment activity under the Financial Services and Markets Act 2000 (as amended) (FSMA), the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (as amended) and in accordance with the Financial Conduct Authority (FCA) Handbook. Spread betting may be advertised on specialised financial stations or channels, in specialised financial programming or on interactive or additional television services (including text services) only (see rule 14.5.4). A "spread bet" is a contract for differences that is a gaming contract, as defined in the glossary to the FCA Handbook.
These rules are not intended to inhibit advertisements to counter problem gambling that are responsible and unlikely to promote a brand or type of gambling.
Please refer to Section 32: Scheduling for rules on the scheduling of gambling
advertisements.
Definitions
The term "gambling" means gaming and betting, as defined in the Gambling Act 2005, and spread betting. For rules on lottery advertisements, see Section 18.
The rules in this section apply to advertisements for "play for money" gambling products and advertisements for "play for free" gambling products that offer the chance to win a prize or that explicitly or implicitly direct the consumer to a "play for money" gambling product, whether on-shore or off-shore.
Unless they portray or refer to gambling, this section does not apply to advertisements for non-gambling leisure events or facilities, for example, hotels, cinemas, bowling alleys or ice rinks, that are in the same complex as, but separate from, gambling events or facilities.
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Rules
17.1 Radio Central Copy Clearance - Radio broadcasters must ensure that advertisements for gambling are centrally cleared.
17.2 Advertisements for events or facilities that can be accessed only by entering
gambling premises must make that condition clear.
Rules for all advertisements
17.3 Advertisements must not:
17.3.1 portray, condone or encourage gambling behaviour that is socially irresponsible or could lead to financial, social or emotional harm
17.3.2 suggest that gambling can provide an escape from personal, professional or educational problems such as loneliness or depression
17.3.3 suggest that gambling can be a solution to financial concerns, an alternative to employment or a way to achieve financial security
17.3.4 portray gambling as indispensable or as taking priority in life; for example, over family, friends or professional or educational commitments
17.3.5 suggest peer pressure to gamble or disparage abstention
17.3.6 suggest that gambling can enhance personal qualities; for example, that it can improve self-image or self-esteem, or is a way to gain control,
superiority, recognition or admiration
17.3.7 link gambling to seduction, sexual success or enhanced attractiveness
17.3.8 portray gambling in a context of toughness or link it to resilience or recklessness
17.3.9 suggest gambling is a rite of passage
17.3.10 suggest that solitary gambling is preferable to social gambling.
Rules for gambling advertisements
17.4 Advertisements for gambling must not:
17.4.1 exploit cultural beliefs or traditions about gambling or luck
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17.4.3 condone or feature gambling in a working environment (an exception exists for licensed gambling premises)
17.4.4 exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of under-18s or other vulnerable persons
17.4.5 be likely to be of particular appeal to under-18s, especially by reflecting or being associated with youth culture
17.4.6 feature anyone who is, or seems to be, under 25 years old gambling or playing a significant role. No-one may behave in an adolescent, juvenile or loutish way.
17.5 Advertisements for family entertainment centres, travelling fairs, horse
racecourses and dog racetracks, and for non-gambling leisure facilities that incidentally refer to separate gambling facilities as part of a list of facilities on, for example, a cruise ship, may include under-18s provided they are accompanied by an adult and are socialising responsibly in areas that the Gambling Act 2005 (as amended) does not restrict by age.