Does your UK corporate content meet ASA and Ofcom rules? Six checks

What to take away

• Corporate communications in the UK can fall under the CAP Code even when nobody calls the content an advert.
• Broadcast output, including video placed with broadcasters, is judged under the BCAP Code and Ofcom broadcasting rules.
• Comparative claims need evidence held before publication, not assembled after a complaint.
• Electronic marketing needs consent records that meet PECR and the ICO's guide.
• Ofcom content standards apply to broadcast material, with sanctions that can include fines.
• The ASA Copy Advice service gives pre-publication checks, and the evidence file should be built to survive a challenge.

Check one: is the content an advert under the CAP Code?

The first question is whether the material counts as an advert. The CAP Code covers non-broadcast advertising and direct marketing, and its scope is wider than paid media. A paid social post, a sponsored article, a brand partnership or a corporate video with a promotional purpose can all fall inside it.

The test is not the label on the file but the effect on the audience.

Start with the Advertising codes - ASA | CAP, which set out the CAP Code and the BCAP Code and explain which applies. If the content is marketing communications, the CAP Code rules on misleading claims, substantiation and social responsibility apply.

The Non-broadcast Code - ASA | CAP is the working text for most corporate output, including websites, emails and press-style advertorials.

A press release sent to journalists is not normally an advert. The same text placed as paid content in a publisher is. That distinction matters for the evidence you keep and for who signs it off.

Use the internal guide on whether corporate content an advert to run that test before release. The purpose, the payment and the degree of editorial control are the practical markers.

If the answer is yes, the content needs a named owner, a claims log and a record of the approvals behind every factual statement. That record is what an ASA investigation will ask for.

Check two: broadcast content and the BCAP Code

Broadcast advertising is governed by the BCAP Code, which is separate from the CAP Code. It applies to adverts carried by broadcasters, including television and radio. The rules on harm, offence, misleadingness and scheduling are stricter in places, and the timing of a slot can change what is acceptable.

Corporate teams often meet the BCAP Code through video. A brand film supplied to a broadcaster as advertising is caught. A corporate video on your own site is usually not, unless it is itself an advert under the CAP Code. The route to market decides the code.

Product placement and sponsorship credits sit in a different part of the framework, with their own disclosure rules. If your organisation pays for prominence inside a programme, check the broadcaster's compliance team before agreeing terms.

The Broadcast Code - ASA | CAP sets out the BCAP Code text and the rules that apply to broadcast advertising. Read it alongside the broadcaster's own compliance guidance, because each licensee adds its own procedures.

Keep the final approved script, the clearance email from the broadcaster and the substantiation for every claim. Broadcast clearances are often time-limited, so note the version that was cleared.

Check three: evidence to keep for comparative claims

Comparative claims are the most common source of ASA complaints against corporate content. A claim that a product is cheaper, faster, greener or better than a named rival must be substantiated at the time it is published. The CAP Code requires evidence before the claim runs, not after.

Keep the underlying data, the methodology and the date of the comparison. If a price comparison is used, record the date, the basket and the source. If an environmental claim is made, keep the full life-cycle evidence and the assumptions behind it.

The standard is the audience's understanding, not yours. A claim that is literally true can still mislead if it omits a qualification the audience needs. Write the qualification into the claim, not into a footnote that may not be read.

Superlatives such as best, leading or number one need a defined basis. If the basis is a survey, keep the questionnaire, the sample and the fieldwork dates. If it is an award, keep the award criteria and the year.

A worked example. A software firm claims its platform is the fastest on the market. The evidence file holds the benchmark script, the hardware specification, the test dates and the raw results. Without those, the claim is unsubstantiated even if it happens to be true.

Check four: PECR consent evidence for electronic marketing

Electronic marketing in the UK is governed by the Privacy and Electronic Communications Regulations, enforced by the Information Commissioner's Office. Corporate email, SMS and some online advertising fall inside PECR. The rules on consent and soft opt-in are specific, and the burden of proof sits with the sender.

For consent to be valid, it must be given freely, be specific, informed and clear. A pre-ticked box is not consent. A blanket statement in a privacy notice is not consent for marketing. Keep the record of what the person was told, when they agreed and what they agreed to.

The ICO's Guide to Privacy and Electronic Communications Regulations | ICO explains the consent standard and the limited exceptions. The soft opt-in applies only in narrow circumstances, mainly where details were collected in a sale and the marketing concerns similar products.

Keep the consent audit trail: the source, the timestamp, the wording shown and the IP or channel used. If consent was withdrawn, keep that record too, and suppress the contact promptly.

Bought lists and scraped addresses are high risk. The ICO can act on complaints, and the reputational cost usually exceeds the reach gained. For paid social and influencer activity, check the social media disclosure rules before the campaign runs.

Check five: Ofcom content standards for broadcast material

Ofcom regulates broadcast content standards under the Broadcasting Code. The rules cover harm and offence, fairness, privacy, and the protection of audiences. They apply to broadcasters, but corporate material supplied to them can trigger a review.

The Ofcom broadcasting rules matter to communications teams in three ways. First, if you supply advertising, the broadcaster's clearance covers the BCAP Code, but the surrounding programme standards still apply.

Second, if you take part in a programme, fairness and privacy rules can affect how your contribution is edited and credited. Third, if you run a broadcast channel or a video service that Ofcom licenses, you carry the compliance duty directly.

Keep a record of what you supplied, the version that was broadcast and any correspondence about edits. If a complaint is made, the broadcaster will ask for your source material.

For corporate content that discusses regulated financial products, the Financial Conduct Authority's rules apply alongside the advertising codes. Financial promotions have their own approval requirements, so involve compliance early.

Devolved communications add another layer. Campaigns running across Scotland, Wales, Northern Ireland and England may meet different public body requirements, even where the advertising codes are consistent UK-wide. Map the UK rules reach corporate communications by purpose and recipient before you plan the rollout.

Check six: sanctions and the Copy Advice route

The ASA can publish an upheld ruling, which requires the advertiser to withdraw or amend the ad. It can also refer persistent offenders to other regulators, including Trading Standards, and apply sanctions such as online ad removal through search and social platforms.

Ofcom can impose financial penalties on broadcasters for serious or repeated breaches of content standards. The size of the penalty reflects the seriousness and the broadcaster's compliance record, so a clean internal record helps.

The Copy Advice - ASA | CAP gives confidential pre-publication advice on non-broadcast ads. It is not a clearance, but it flags likely problems before money is spent. Use it for high-risk campaigns, new formats and claims that are hard to substantiate.

Build the request into the production timetable. Copy Advice takes time, and a late request usually means either a delayed launch or an unadvised risk.

Keep the advice you receive and the changes you made in response. If a complaint later arrives, that record shows a considered process rather than an afterthought.

The evidence file a UK communications team should retain

An evidence file is the practical defence. It should be owned by a named person, stored where it can be found quickly, and kept for the period the claim or consent remains live. The following checklist covers the core items.

• The final approved copy, with the version number and the date of approval.
• The claims log, listing every factual and comparative claim and its substantiation.
• The consent records for electronic marketing, including the wording shown and the timestamp.
• The broadcast clearance or Copy Advice response, where one was obtained.
• The sign-off trail, naming the approver and the compliance reviewer.
• The withdrawal and suppression records for anyone who opted out.
• The retention schedule, showing when each item is reviewed or deleted.

Run a quick gate before release: 1. Identify whether the content is an advert under the CAP Code. 2. Check whether the BCAP Code applies to any broadcast use. 3. Confirm every comparative claim has evidence on file. 4. Confirm PECR consent for any electronic marketing.

5. Confirm Ofcom content standards for any broadcast supply. 6. Record the sanctions risk and any Copy Advice response.

That sequence is the quality gates a corporate message must pass before anyone presses release. It takes an hour and prevents most complaints.

Common questions

Does the CAP Code apply to a corporate blog post? Only if the post is a marketing communication. A factual corporate blog is usually outside it, but a post promoting a product is inside. Check the purpose and the payment.

Is Copy Advice a formal clearance? No. It is confidential pre-publication advice from the ASA. It reduces risk but does not bind the ASA if a complaint is later made.

How long should we keep PECR consent records? Keep them while the consent is relied on and for a reasonable period after. The ICO expects you to be able to prove consent when challenged.

Can Ofcom fine our company directly? Ofcom fines broadcasters it licenses, not advertisers. If you supply material to a broadcaster, the compliance duty sits with the licensee.

What is the biggest gap in most evidence files? The claims log. Teams keep the final copy but not the data behind each comparative claim, which is the first thing an investigation requests.

Do devolved rules change the advertising codes? The advertising codes are UK-wide. Devolved differences appear in public sector and charity requirements, so check the relevant regulator for those campaigns.