L5.0 Advertisements L5.0 Advertisements
<<back to Legal Appendices sections
Note: MUST* and MUST NOT* (with asterisk) denotes legal requirement
MUST and MUST NOT (without asterisk) denotes requirement of the Code of Fundraising Practice
This section applies to all types of fundraising organisation.
The UK Code of Advertising and Sales Promotion and Direct Marketing (The CAP Code) require non-broadcast advertisements to be legal, decent, honest and truthful. Further information can be obtained from the Committee of Advertising Practice.
The Broadcast Advertising Code (the BCAP Code), enforced by the Advertising Standards Authority, contains similar requirements for advertisements on radio and television. Compliance with these codes will ensure that advertisements meet the legal requirements set out below.
- a) In England, public advertisements for an event MUST NOT* contravene the Town and Country Planning Act 1990 as amended, the Control of Advertisements Regulations 2007 (as amended) issued under it or the Highways Act 1980.
- b) In Scotland, public advertisements MUST NOT* contravene the Town and Country Planning (Scotland) Act 1997 and the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, as amended by Amendment Regulations 1992. No advert can be displayed without the consent of the planning authority, although advertisements that fall into certain classes have deemed consent. The Roads (Scotland) Act 1984 (section 100) prohibits anything (including an advert) being placed on a public road without the consent of the roads authority.There are also laws concerning the public display of advertisements generally and on the highway.
- c) All advertisements MUST* comply with with trademark and copyright law.Consent for billboard type advertisements should be obtained from the local planning authority, from where further information can also be obtained. See also the Highways Agency.
Making misleading statements in advertising can give rise to criminal offences as well as civil (i.e. non-criminal) liabilities, for example under the Consumer Protection from Unfair Trading Regulations 2008, the Business Protection from Misleading Marketing Regulations 2008 and the Package Travel, Package Holidays and Package Tours Regulations 1992.