The CAP Code

The Committee of Advertising Practice (CAP), the self-regulatory body that creates, revises and enforces the UK Code of Non-Broadcast Advertising and Direct & Promotional Marketing (the CAP Code), has updated the scope of the CAP Code to ensure greater consistency in the regulation of online marketing. The CAP Code covers non-broadcast marketing communications, which include those placed in traditional and new media, promotional marketing, direct marketing communications and marketing communications on marketers’ own websites. The marketer has primary responsibility for complying with the CAP Code and their adverts must comply with it. Ads that are judged not to comply with the Code must be withdrawn or amended.

The scope of the CAP Code currently excludes non-paid for marketing communications on websites, apps and cross-border platforms, unless the marketer has a UK-registered company address and/or the marketing communications appear on websites with a “.uk” top level domain.

What’s new

From 1 September 2025, the CAP Code will apply to non-paid-for marketing communications targeted at UK consumers by advertisers who are subject to licensing conditions requiring compliance with the CAP Code, even if those advertisers do not have a UK-registered company address to ensure greater consistency in the regulation of online marketing. The extension of reach will bring into scope social media marketing posts from licensed gambling operators targeting UK consumers, regardless of where the operator is based and ensures that such ads are subject to the same rules and standards as those from UK-registered operators, supporting consumer protection and regulatory consistency and enabling the Advertising Standards Authority (the independent body responsible for administering the CAP) to apply consistent rulings across such advertisements irrespective of the operators’ location. The CAP has confirmed that the extension does not apply to other advertiser categories without a UK-registered address.

What to look out for

The CAP will review the impact of the amendment after three months and invites stakeholders to provide feedback by 1 December 2025.

Read the full statement here.