Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Flyposting is generally defined as the display of advertising material on buildings and street furniture without the consent of the owner. The Town and Country Planning (Control of Advertisements) Regulations 1992, as amended, makes it an offence for anyone to display an advertisement without consent of the local planning authority or the Secretary of State.
The Code does not apply to flyposting (Introduction to the Code, Section II.l), most of which is illegal. Marketers have an obligation to ensure that they neither bring advertising into disrepute, nor break the law (Rules 1.5 and 1.10). Advertisers can be prosecuted by local authorities, who can jointly prosecute, and successful prosecution can mean financial penalties of up to £1,000 for each poster and £100 a day after conviction. In addition to the question of legality, flyposting is likely to damage the reputation of the legitimate outdoor poster industry. CAP strongly advises marketers against flyposting and reminds them that local authorities are stepping up their enforcement activities.
In 1993, CAP issued guidance to the organisers of industry awards asking them to disqualify automatically marketing communications that either broke the CAP Code or were used as flyposters. So, as well as facing possible legal punishment, marketers engaging in flyposting would almost certainly be excluded from industry awards such D&AD, MCCA, ITMA and the Marketing Society.
Last modified : 29 March 2012