Meet your advertising and market research regulatory duties

A. Broadcast advertising standards

Broadcast advertising on television and radio is regulated under the Communications Act 2003. Ofcom is the statutory regulator and has delegated day-to-day content regulation of broadcast advertising to the Advertising Standards Authority (ASA), which administers the BCAP Code (the UK Code of Broadcast Advertising). The BCAP Code sets rules on scheduling, content, prohibited categories and minutage limits. Ofcom retains statutory backstop powers and can impose sanctions on broadcasters for non-compliance.

The ASA/CAP system for non-broadcast advertising (the CAP Code) is non-statutory self-regulation — it does not carry the force of law. However, the statutory regimes in sections C and D below provide the legal backstop for misleading or unfair non-broadcast advertising.

B. Electronic marketing (PECR)

If you send marketing by email, text message or automated call, you must comply with the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR). PECR requires you to obtain prior consent before sending unsolicited electronic marketing to individuals, subject to the limited 'soft opt-in' exception for existing customers. You must screen against the Telephone Preference Service (TPS) before making live marketing calls. The Information Commissioner's Office (ICO) enforces PECR and can issue monetary penalty notices — since June 2025 PECR penalties are aligned with UK GDPR levels (up to £17.5 million or 4% of annual worldwide turnover, whichever is higher). Market research firms conducting telephone surveys should distinguish genuine research from direct marketing — PECR applies to marketing, not to bona fide research that does not promote products or services.

C. Misleading marketing (B2B)

Advertising directed at businesses is governed by the Business Protection from Misleading Marketing Regulations 2008 (BPMMR). These regulations prohibit advertising that misleads the businesses it reaches and set the conditions under which comparative advertising is permitted — it must not be misleading, must compare goods or services meeting the same needs, and must not denigrate or take unfair advantage of a competitor's trade marks. The BPMMR remain in force: the Digital Markets, Competition and Consumers Act 2024 replaced only the consumer-facing regime, not the B2B rules. They are enforced by the Competition and Markets Authority (CMA) and local Trading Standards.

D. Unfair commercial practices (B2C)

Advertising directed at consumers must not be misleading, aggressive or otherwise an unfair commercial practice. Since 6 April 2025, this regime is set by Part 4 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024), which replaced the Consumer Protection from Unfair Trading Regulations 2008. The DMCCA 2024 prohibits a general unfair practice, lists banned practices (such as fake reviews and certain 'drip pricing'), and requires material information to be given to consumers.

The CMA now has direct consumer-enforcement powers including monetary penalties of up to 10% of global turnover. Local Trading Standards also enforce. This statutory regime is the backstop to the non-statutory ASA/CAP self-regulatory system. Advertising agencies are responsible for the advertisements they create, not only the clients who commission them.