Ofcom licence or ASA code, which radio advertising UK regulations bite first?

What to take away

A community station in Bristol takes a booking from a gym. The script promises the cheapest membership in the city. That claim is the advertiser's problem under consumer law, and the station's problem under its licence and the radio advertising codes.
Your first legal gate in the UK is the Ofcom broadcasting licence, issued under the Broadcasting Act 1990 and the Communications Act 2003. The Ofcom Broadcasting Code carries the standards duties; the BCAP Code sits on top.
The BCAP Code covers misleading claims, children's programming and the political advertising ban in Sections 3, 5 and 7. The political advertising ban itself comes from the Communications Act 2003, section 321.
Audience data used to target radio spots is regulated separately by the ICO under UK GDPR and PECR.
Consumer protection law applies to every claim you voice, on every station.
Individual cases need a qualified adviser.

The licence comes before the code

Ofcom licenses commercial radio under the Broadcasting Act 1990, as amended, and the Communications Act 2003. Licence types include analogue commercial radio, digital sound programme service (DSPS) and community radio licences. Ofcom's broadcast licensing register lists who holds what, and its radio licence application forms set out the process, including the community radio licence application form. Without a licence, a station cannot broadcast at all. Licence conditions include standards duties set out in the Ofcom Broadcasting Code, which reach advertisers through carriage contracts. That is why your airtime agreement normally carries a compliance clause.

Licence before code

Does the station hold an Ofcom licence?

Yes

Check BCAP Code and script compliance

Station cannot broadcast; no airtime

If you are signing that paperwork, the terms matter as much as the codes. Our guide to radio advertising commercial contracts in England sets out what to check before committing to a schedule.

A compliant script on a station that has lost its licence is still a problem. Check the licence position first, then the copy.

What the BCAP Code adds

The Broadcast Committee of Advertising Practice writes the BCAP Code, enforced by the Advertising Standards Authority. There is no separate 'ASA code': the ASA enforces the BCAP Code for broadcast ads. Its key radio rules include Section 3 (Misleading advertising), Section 5 (Children) and Section 7 (Political advertising). The BCAP Code applies to commercial radio across the UK, so the same content rules reach England, Scotland, Wales and Northern Ireland.

BCAP Code script checks

No misleading claims
Scheduling restrictions near children's programming
No political advertising on broadcast radio
Ads obviously identifiable as ads
Substantiation on file for claims

For a station, the code is a condition of continued broadcasting. For an advertiser, it is the standard a script must meet before the traffic team clears it.

Where the ASA and Ofcom divide

The ASA handles complaints about ad content through its online complaints form. Ofcom handles licence breaches and the standards duties that sit with the broadcaster through its broadcast complaints process. One bad spot can attract both. The ASA publishes rulings and can require an ad to be withdrawn or amended. Persistent broadcast breaches can be referred to Ofcom, which can impose sanctions on the broadcaster, including fines and, in serious cases, licence revocation.

What that means for your script

Write the claim you can evidence, and keep the substantiation on file. If the ASA asks, the burden sits with you rather than the station.

Consumer law runs alongside the codes

The Consumer Protection from Unfair Trading Regulations 2008 prohibit misleading commercial practices, including price claims and the omission of material information. A radio script that overstates a deal can breach them even if the ASA never gets involved.

The Competition and Markets Authority enforces much of this law. Its consumer enforcement role matters if you run price-led campaigns.

Audience data and targeting

Radio is increasingly bought with data attached: postcode segments, listening panels, CRM matches. UK GDPR and PECR govern that data.

The ICO regulates this data under UK GDPR and PECR. Before buying audience data from a third party, check the lawful basis and transparency duties set out in the ICO's data protection guidance. Read it before you sign a data contract.

For the wider picture, including how these pieces fit together across a campaign, see our radio advertising UK rules and compliance guide for 2027.

Glossary

Ofcom: the regulator that licenses commercial radio in the UK.
Ofcom Broadcasting Code: the code that carries Ofcom's standards duties for broadcasters.
BCAP Code: the broadcast advertising code enforced by the ASA.
ASA: the Advertising Standards Authority, which rules on ad content complaints.
PECR: privacy rules for electronic communications, including marketing.
UK GDPR: the data protection regime covering personal data used in targeting.
CMA: the Competition and Markets Authority.
Communications Act 2003: the statute setting Ofcom's standards duties, including the ban on political advertising.

Common questions

Does the BCAP Code apply in Scotland, Wales and Northern Ireland?

Yes. It covers commercial radio across the UK, so the same content rules reach all four nations. Ofcom licensing is UK-wide too, though some licence conditions vary by service type.

Can I advertise a political party on commercial radio?

No. Political advertising is prohibited on broadcast radio by the Communications Act 2003, section 321. The BCAP Code Section 7 reflects that ban. It applies across the UK.

Who is liable if an ad misleads?

The advertiser must substantiate claims, and the station must clear them. Both can face consequences: the ASA can rule against the ad, and Ofcom can act against the broadcaster.

Do I need consent to use listener data for targeting?

Usually yes. UK GDPR and PECR set the conditions for using personal data in marketing, including audience segments bought from brokers. Check the lawful basis before use.