Rules and ethics
Part of What the advertising codes mean for radio advertising rules and ethics
Check your radio advertising disclosure policy before you book airtime
Build a UK radio advertising disclosure policy: Ofcom and BCAP rules, Radiocentre clearance, CAP Code labels, PECR consent and a six-step pre-booking check.
What to take away
- Decide first whether each radio advertising spot is broadcast (Ofcom Broadcasting Code and BCAP Code apply) or non-broadcast audio (CAP Code applies). Most digital audio sits in the second group.
- Write the policy around three dutiesidentify the advertiser, make commercial intent obvious, and keep consent records for targeted audio under UK GDPR and PECR.
- Put one named owner and a review date on the document, or it drifts out of date.
- Test the policy against a real script before you sign an insertion order, not after.
- Keep evidencescripts, clearance notes, consent logs and the signed schedule.
How the rules split between broadcast and online audio
Broadcast radio spots
Commercial radio in the UK is licensed and regulated by Ofcom under the Ofcom Broadcasting Code, including Section 9 on commercial communications. Radio commercials themselves must comply with the BCAP Code (the Broadcast Committee of Advertising Practice Code for UK radio ads), which requires ads to be obviously identifiable. Stations and their sales houses use Radiocentre Clearance (formerly the Radio Advertising Clearance Centre, RACC) to clear scripts before transmission. Your disclosure duty is to give the broadcaster accurate advertiser details and any sponsorship credit wording. The station's compliance team is the final check.
Broadcast vs non-broadcast audio rules
Broadcast radio spots
- Regulator
- Broadcasting Code
- Clearance
- Station compliance team
- Disclosure duty
- Advertiser details, credits
- Label location
- Script and credit
Digital audio and podcast ads
- Regulator
- UK Non-broadcast Code
- Clearance
- Advertiser's own check
- Disclosure duty
- Obvious ad label in audio
- Label location
- In the audio itself
Digital audio and podcast ads
Non-broadcast audio falls under the CAP Code (the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing), which requires ads to be obviously identifiable as such (Section 2, rule 2.1). Advertorial-style content must be clearly labelled (rule 2.3). For a live read, use a spoken label such as 'This is an advert for [brand]'. For a podcast host read, try 'Paid promotion for [brand]'. For a pre-roll, use 'Advertisement: [brand]' before the message. A presenter-read segment that sounds like editorial needs a clear label. Keep that label in the audio, not just the show notes.
Build the policy in six steps
- List every audio placement you buylive read, pre-roll, mid-roll, sponsorship ident, branded segment.
- For each, write one sentence stating how a listener knows it is an ad, using the label wording examples above.
- Name the person who signs off scripts and the person who keeps the records, and state the retention period for each record.
- Set a consent rule for any targeting based on listener data, under UK GDPR and PECR.
- Add a review date, no more than twelve months ahead.
- Store a worked example beside the policy for new staff.
Fewer gaps appear if you already know the wider duties in our radio advertising: UK rules and compliance guide for 2027, which covers clearance, sponsorship and record keeping.
Consent and listener data
If you target audio ads using email addresses or similar identifiers, the Privacy and Electronic Communications Regulations 2003 (PECR) and UK GDPR apply. The ICO guidance on electronic mail marketing explains consent, soft opt-in and the right to object. Put the consent wording in the policy, not in a separate document.
Competition and consumer duties
The Digital Markets, Competition and Consumers Act 2024 changed how consumer protection rules are enforced, including duties around misleading commercial practices. Audio claims about price, availability or results must be accurate. A banned practice can attract enforcement without a prior warning.
What a workable policy looks like in practice
A short template you can adapt
Keep it to two pages. Section one lists placement types and the label used for each. Section two lists the owner, the consent basis, the retention period and the review date, with a worked example at the end. On retention, there is no single statutory period: UK GDPR Article 5(1)(e) requires records to be kept no longer than necessary. Set the period in the policy: for example, keep consent records for the life of the consent plus twelve months, and scripts and schedules for the life of the campaign plus twelve months. Name the reason for the period. For example, a team paying £400 a month for podcast slots can use the same template as a national campaign.
Records to keep
Keep the final script, the clearance email, the consent record and the signed schedule together. If a complaint arrives, those four items answer most questions. UK buyers working across stations should note that individual station practices vary, so check each one. Our radio advertising UK regulations piece sets out where those differences usually appear.
When to get advice
This is general guidance only. Consent wording, competition questions and any complaint need a qualified adviser who can look at your specific facts.
Common questions
Does a live read need a disclosure?
Yes, if a listener could mistake it for editorial. A short spoken label at the start, such as 'This is an advert for [brand]', is normally enough. The CAP Code requires ads to be obviously identifiable (Section 2, rule 2.1).
Who enforces radio advertising disclosure in the UK?
Broadcast radio ads are cleared through Radiocentre Clearance and must comply with the BCAP Code; the station and Ofcom Broadcasting Code Section 9 sit behind that clearance. Non-broadcast audio is handled by the ASA under the CAP Code. Data-driven targeting brings the ICO into scope under PECR and UK GDPR.
How often should the policy be reviewed?
At least once a year, and whenever you add a new placement type or a new data source. Put the date in the document so the review is visible.
What happens if a disclosure is missing?
The ad may be pulled, and repeat failures can lead to sanctions. Keeping scripts and clearance records makes any response faster and cheaper.
