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CAP announces amendment to ‘disrepute’ rule

Rule 1.5 of the CAP Code says that “No marketing communication should bring advertising into disrepute.”

10/07/2014

Following a recent, well-publicised ASA adjudication that an ad did just that, CAP has today (19th June 2014) issued updated advice on the scope of the rule (see here). It has also extended the scope of its pre-publication vetting sanction so that not only may it continue to apply to those who persistently breach the CAP Code, but it may also be used in respect of those who breach the disrepute rule too.

Find out more.

Says IPA Legal Director, Richard Lindsay: “It is always a concern when a regulator takes a unilateral decision to increase the range of its sanctions. However, considering the nature of this particular rule and the circumstances behind CAP’s decision, I doubt there will be much resistance from the industry. Not only is it pretty rare for an advertiser to fall foul of the disrepute rule, but the pre-publication vetting sanction is discretionary. Hopefully, common sense will continue to prevail so that advertisers will be unlikely to bring advertising into disrepute anyway and, if they do, the sanction will only be used when absolutely necessary.”

Last updated 10/07/2014


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