The Broadcast Committee of Advertising Practice (BCAP) proposes to amend the ‘pester power’ provision in Rule 5.9 of the BCAP Code. The proposed change will represent a small but significant relaxation in the UK’s advertising regulatory regime. The current Rule 5.9 prohibits advertisements from “encouraging” children to buy a product or service or from asking their parents and others to “buy or enquire about a product or service“. The Rule is seen as unnecessarily restrictive by many advertisers, particularly in light of the legislation that Rule 5.9 of the BCAP Code is supposed to reflect: namely, the Consumer Protection from Unfair Trading Regulations 2008 (CPRs). Paragraph 28 to Schedule 1 of the CPRs contains a pester power rule, but it is less restrictive than the current wording in BCAP Rule 5.9.
BCAP proposes bringing Rule 5.9 into line with the CPRs so that there would no longer be a prohibition against “encouraging children to enquire” about a product or service. BCAP is currently consulting on its proposal. The consultation ends on 22 July 2014.
We have written a comprehensive briefing explaining more about BCAP, the proposed changes to Rule 5.9 and its implications.
Squire Patton Boggs has a team of advertising experts who are closely involved in this and other similar consultations. If the proposed change to Rule 5.9 impacts on your business, we can work with you to add your views to the consultation within the deadline. Please feel free to contact Carlton Daniel on this or any other advertising issue.