Rules and ethics
Part of PR agencies rules and ethics: a UK legal and ethical guide
Six advertising checks a PR team should clear before material is released
A release checklist for England PR teams covering ad remit, commercial recognition, claim evidence, sector rules, correction authority and records.
A press release sent to an editor is not automatically an advertisement, while a paid placement or marketer-controlled message may be. The release owner must decide the communication's facts before applying PR agencies advertising rules. This checklist cannot provide CAP Copy Advice or legal clearance.
What to take away
- Decide who controls the final material before applying any advertising rules.
- Make covered commercial content recognisable before a reader commits attention.
- Tie every objective claim to an approval record with a named evidence owner.
- Apply the consumer-law test separately from any CAP review.
- Identify regulated products and sector rules before drafting any material.
1. Record who controls the final material
Write down who commissioned it, paid or supplied an incentive, chooses the wording, controls placement and can order a correction. CAP's February 2025 remit article says press releases and editorial material normally sit outside the Code, while ads and advertorial can fall within it. Mixed arrangements need a fact-specific decision.
Hold when: the agency, client, publisher and content creator disagree about control or commercial purpose.
2. Make covered commercial content recognisable
If the CAP Code applies, section 2 requires marketing communications to be obviously identifiable and addresses advertorial. The CMA's 2025 guidance for brands covers paid or incentivised social content and the responsibilities of businesses and intermediaries.
Check the label before a reader commits attention, not after a click or at the end of a caption. Do not assume a platform tag repairs a misleading overall presentation.
3. Tie every objective claim to an approval record
For each factual assertion, name the evidence owner, source, version, applicable population and expiry trigger. CAP's March 2026 misleading-advertising advice explains the role of overall impression, material information and substantiation under section 3. The page is CAP Executive advice, not legal advice or a binding ruling.
Remove or narrow a claim if the evidence does not match the actual product, geography, audience or period. A client quotation does not verify the underlying fact.
4. Apply the consumer-law test separately
The CMA's unfair commercial practices guidance concerns business-to-consumer conduct from 6 April 2025. Ask whether the message or omission could affect a consumer's transactional decision. Do not treat passing a CAP review as proof that every statutory duty is met.
5. Identify regulated products before drafting
General advertising checks do not replace sector rules. The FCA says covered financial promotions must be clear, fair and not misleading and points firms to product-specific Handbook provisions. MHRA medicines advertising guidance sets a distinct regime, including limits that depend on the medicine, audience and territory.
No-go: the client cannot name its competent sector approver or prove the product and territory record behind the proposed claim.
6. Keep contact permission and content approval apart
An accurate, recognisable advert can still use an impermissible contact route. The ICO's direct-marketing guidance was updated on 28 April 2026 and treats channel, personal data and objections as separate matters. Record subscriber type, lawful basis where personal data is processed, PECR analysis and suppression result.
Final release record
The signed ticket should contain the contracting entity, client authority, version, placement, audience, commercial relationship, claim file, rights evidence, accessible alternative, data route, sector approval, correction owner and withdrawal route. If any gate is unresolved, reduce the scope or keep the material on hold. Recheck each cited regulator page on the intended publication date.
Before you act
- Record who commissioned, paid, chose wording and controls placement.
- Label covered commercial content before a reader commits attention.
- Name the evidence owner, source, version and expiry for each claim.
- Ask if the message could affect a consumer's transactional decision.
- Identify the competent sector approver before drafting regulated claims.
- Keep contact permission and content approval as separate checks.
Common questions
When does the CAP Code apply to a press release?
CAP's February 2025 remit article says press releases and editorial material normally sit outside the Code. Ads and advertorial can fall within it. Mixed arrangements need a fact-specific decision about control and commercial purpose.
What must a signed release record contain?
The signed ticket should contain the contracting entity, client authority, version, placement, audience, commercial relationship, claim file, rights evidence, accessible alternative, data route, sector approval, correction owner and withdrawal route. If any gate is unresolved, reduce scope or keep material on hold.
How should regulated products be handled before drafting?
General advertising checks do not replace sector rules. The FCA says covered financial promotions must be clear, fair and not misleading. MHRA medicines advertising guidance sets a distinct regime. The client must name its competent sector approver and prove the product and territory record.
