Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
The definition of advertising is quite often linked, at least in part, to whether it appears in paid-for space. Consequently, a medium might be considered both inside and outside remit depending on the message that it carries and whether a payment changes hands. For example, if an advertiser advertised on its own premises or vehicles, the claims would be outside remit. If, however, the owner of the premises or vehicles rented space or charged another advertiser to project an advertisement onto its property, that advertisement would be considered inside remit. That said, if an advertiser decides to promote its products in a medium that is usually rate- carded, the ASA might consider those ads in remit. For example, if a supermarket advertised on trolleys that usually carried paid-for marcoms, those ads might also be subject to the CAP Code.
Simply defining “ambient media” as media that surround us in everyday life and are often paid for belies the many shades of grey involved in tricky decisions about what is and what is not covered by the Code. Ambient media include but are certainly not limited to petrol pumps, bus tickets, carrier bags, projections onto buildings, supermarket trolleys, the reverse side of till receipts and beer mats. Marketers should check with the Copy Advice team if they are unclear about whether their chosen medium is likely to be subject to the Code.
Because of the nature of ambient media, the ASA might take a pragmatic approach about what is and is not within its remit. The question of whether something is covered by the CAP Code is informed by the potential for self-regulation to deal effectively with the matter. The ASA does not simply fill gaps left by statutory regulation.
Last modified : 29 June 2010