Advertising in video-on-demand services is subject to the CAP Code. The marketer bears the primary responsibility for ensuring that its advertising complies with the CAP Code.
Some advertising in video-on-demand services is subject to regulation under the Communications Act 2003 (as amended), in addition to the CAP Code. It is the video on-demand service provider, not the marketer, that bears the primary responsibility for ensuring compliance with the Communications Act.
The standards set out in the Communications Act are reproduced in Appendix 2 to the CAP Code and the ASA will consider complaints that advertising falls short of those standards. The ASA will take up complaints that fall under Appendix 2 with the ondemand service provider; complaints that fall under the other rules in the CAP Code will be taken up with the marketer. To help video-on-demand service providers determine what advertising falls within the scope of Appendix 2 (that is, the advertising for which the ASA will hold them responsible), CAP has produced this guidance, in consultation with Ofcom.