Rules and ethics
What the CAP Code means for UK digital PR content
CAP Code digital PR: how the ASA rules and sanctions apply to native ads, endorsements and claims, and what evidence to keep before you publish.
What to take away
- The CAP Code covers any digital PR placement a brand pays for or controls: advertorials, native ads and paid influencer posts.
- Rule 2.1 requires ads to be obviously identifiable; rule 3.1 requires them not to materially mislead.
- Every claim, endorsement and testimonial needs evidence on file before publication.
- Copy Advice is free and confidential; the ASA rulings library is searchable by sector and media.
- Sanctions escalate from a published ruling to a non-compliant advertiser listing and referral to Trading Standards.
Where the CAP Code applies in digital PR
The CAP Code is the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing. The Committee of Advertising Practice writes it; the Advertising Standards Authority enforces it.
Any placement a brand pays for or controls counts as advertising, including sponsored articles, native units and influencer posts.
CAP Code applies to paid or controlled placements
Covered by CAP Code
- Paid space
- Yes
- Influencer content
- Yes
- Advertorials
- Yes
- Native advertising
- Yes
- Free product for coverage
- Likely ad
Not covered
- Paid space
- No
- Influencer content
- No
- Advertorials
- No
- Native advertising
- No
- Free product for coverage
- No
Rule 2.1 requires marketing communications to be obviously identifiable as such. Rule 3.1 requires that they do not materially mislead.
A sponsored article that reads like independent journalism needs a clear label, such as "advertisement feature", placed where readers see it.
Agencies that also answer to the CMA and ICO will find the UK rules and compliance guide a useful map of which regulator governs what.
Claims and endorsements that catch PR placements
A claim can mislead even when every word is literally true. Comparative claims such as "the cheapest" need substantiation on file.
Endorsements must be genuine, and the advertiser must hold evidence that the endorser uses the product. Testimonials must be real and verifiable.
Health, beauty and environmental claims attract complaints. A supplement cannot imply a medical benefit unless the claim is authorised.
Example: a supplement claim that would fail
This scenario is hypothetical, not a cited ruling.
A supplement brand publishes a paid article claiming its product "boosts immunity in 7 days". The ASA treats the wording as an unauthorised health claim, and no trial data exists. The ruling names the brand and the publisher. A digital PR quality checklist is a cheaper way to catch that.
How to read ASA rulings before a campaign runs
Rulings are published in full at the ASA rulings library, searchable by sector, media and rule. Work through them in this order:
How to read ASA rulings
- Filter by sector, so you read the market you write for.
- Read the reasoning, not just the outcome; it shows which rule was breached.
- Check the media format. A paid Instagram ruling informs a paid TikTok post.
- Keep a digest of five relevant rulings per sector, refreshed quarterly.
Evidence to hold before publication
One evidence folder per campaign, built before the content goes live:
- Is the commercial nature of the placement obvious to the average reader?
- Is every factual claim backed by a source in the file?
- Are endorsements and testimonials genuine and documented?
- Are health and environmental claims authorised, or removed?
- Is there a named client signatory on the approval trail?
Keep the folder for at least two years, because the ASA can investigate after a campaign has ended.
Evidence needed for claims and endorsements
- Substantiate comparative claims
- Source statistical claims clearly
- Hold trial evidence for 'clinically proven'
- Get consent from endorsers
- Verify testimonials are real
- Disclose influencer relationships upfront
- Authorise health and environmental claims
Copy Advice and the guidance notes
Copy Advice is free, confidential and open to advertisers, agencies and media owners. Submit the risky parts: comparative claims, health claims, environmental claims and anything aimed at children.
The Copy Advice service gives an opinion, not a guarantee. Guidance notes on influencer marketing, native advertising and health claims carry the worked examples.
A disclosure policy that names who signs off claims and how long evidence is kept makes this routine.
Sanctions and the DMCC Act 2024
The ASA does not fine advertisers. Its ASA sanctions escalate in stages, and a published ruling is only the first.
| Stage | What happens |
|---|---|
| Published ruling | Names the advertiser and the breach |
| Non-compliant advertiser listing | Used after repeated breaches |
| Paid search notice | Shown when someone searches the brand |
| Trading Standards referral | Consumer law can be enforced in court |
| Ofcom referral | Broadcast ads only |
The Digital Markets, Competition and Consumers Act 2024 gives the Competition and Markets Authority power to decide breaches of consumer law and impose penalties. The CAP Code judges the wording of a post; the CMA can act on the trading practices around it.
Common questions
Does the CAP Code cover advertorials and paid influencer posts?
Yes. Any placement a brand pays for or controls is an ad, so it needs a clear label. Rule 2.1 sets that requirement.
What evidence must an agency hold before a claim goes live?
Documentary proof for every objective claim, plus permissions for testimonials and endorsements.
What sanctions can the ASA impose?
A published ruling, a place on the non-compliant advertiser list, paid search notices and referral to Trading Standards for repeated breaches.
Can an agency be named in a ruling?
The ASA usually names the advertiser. Publishers and agencies can also be named where they controlled the placement.
