Distance selling ad checks by broadcasters now only required for consumer-targeted promotions

BCAP said that broadcasters would no longer have to vet ads marketing distance-sold goods or products if the promotions were aimed at businesses. The change follows a consultation by BCAP on the scope of distance selling rules contained in the UK Code of Broadcast Advertising (BCAP Code). The revised scope is effective immediately.

"The law distinguishes between business-to-consumer and business-to-business distance selling, however, the BCAP Code did not," BCAP said in a statement. "BCAP therefore has decided to amend the scope of the rules to reflect the fact that the law does not afford the same specific rights for consumers to business-to-business distance selling contracts."

"BCAP considers that its change avoids imposing unnecessary restrictions on advertisers conducting business-to-business advertising, while maintaining protection for business customers from misleading advertising through other provisions in the BCAP Code," it said.

Broadcasters must make sure advertisers comply with specific standards on distance selling which the BCAP Code relays in accordance with UK distance selling laws. Those laws are mainly set out in the Distance Selling Regulations (DSRs) which businesses that trade online, over the phone or using other distance-selling methods must comply with.

The DSRs give shoppers specific legal protections and different cancellation rights from those buying in store, including the right to a full refund on certain distance-sold goods they return within seven days.

In its consultation last year, BCAP said that the distance selling ad rules were out of step with the scope of the law.

"The [BCAP] Code, in effect, imposes requirements on business-to-business distance selling advertisers that exceed those established in law and could conflict with the contractual agreements that the advertiser may legitimately form with their business customers," the consultation said.

The Advertising Standards Authority, the UK's advertising regulator, can ask broadcasters not to air adverts if it rules that they violate the BCAP Code. Ofcom, the communications regulator, can fine or revoke the licences of broadcasters that continually air ads that breach the Code.