Rules and ethics
Part of Newsletter monetisation rules and ethics: a UK map
Newsletter monetisation advertising rules checklist
A practical checklist for newsletter monetisation advertising rules, covering disclosure, evidence, permissions, financial promotions and post-send monitoring.
Use this checklist to apply newsletter monetisation advertising rules to each paid, sponsored, gifted or affiliate-connected newsletter item. It covers an England operator under the UK non-broadcast advertising framework. It cannot approve a financial promotion, data use, contract or consumer journey.
What to take away
- Disclosure and substantiation are separate gates, so a clear label does not prove the claims behind it.
- Label only the connected parts of an edition, not the whole newsletter, when the arrangement is partial.
- An ASA check cannot approve a financial promotion, so open a separate FCA review where relevant.
- Keep the original edition and correction notice, because quietly editing an archive destroys the evidence of what recipients saw.
- Stop publication for an unclear relationship, weak claim file, inaccessible disclosure or unresolved FCA question.
Classify the relationship
- Record the publisher, commercial party, contributor and any intermediary.
- Describe the consideration, including payment, gifts, access or outcome-based reward.
- State who controls the topic, wording, link, timing and approval.
- Mark which paragraphs, links or modules are connected to the arrangement.
CAP explains that affiliate marketing is performance based and that control can affect whether connected content falls within the advertising remit. Do not label an entire independent edition advertising if only defined parts are connected, or hide connected parts inside editorial copy.
Classify the relationship
- Record publisher, commercial party, contributor, intermediary
- Describe payment, gifts, access, outcome-based reward
- State who controls topic, wording, link, timing
- Mark connected paragraphs, links, modules
Make the commercial nature recognisable
- Choose plain disclosure wording for the actual relationship.
- Place it before or at the first connected claim or link.
- Check the subject line or preview where the message itself is unsolicited marketing.
- Test text, link purpose and reading order with keyboard and assistive technology.
- Preserve a screenshot or rendered copy of what the recipient received.
The CAP Code's Section 2 requires marketing communications to be obviously identifiable as such (rule 2.1), makes commercial intent clear when it is not apparent from the context (rule 2.3), and requires advertorials to be identified as marketing communications (rule 2.4). A platform badge or footer may add context, but the reviewer must assess the whole message as encountered.
Substantiate the words used
- Extract every objective product, performance, availability, price and comparison claim.
- Link each claim to evidence held before the edition is sent.
- Record geography, product version, source date, limitations and evidence owner.
- Remove or narrow statements that the file cannot support.
- Check testimonials and endorsements against the documented relationship and permission.
CAP Code Section 3 prohibits materially misleading marketing (rule 3.1), including misleading omissions of material information (rule 3.2). Rule 3.7 requires documentary evidence before publication for objective claims; the ASA's substantiation explanation confirms the evidence requirement. Disclosure and substantiation are separate gates. For endorsements, consult the CMA's Online reviews and endorsements: advice for businesses.
Build the advertiser instruction pack
- Identify which party supplied each factual statement and asset.
- Require the advertiser to state product, edition, geography and validity period.
- Keep evidence in an accessible file that the publisher can inspect.
- Record prohibited edits and the person who may approve a correction.
- Define what happens to scheduled and archived editions when support expires.
Do not accept client approved as a substitute for the claim record. A publisher needs enough information to challenge an assertion and remove it promptly. If a linked offer changes after approval, capture the new destination and decide whether the newsletter wording has become misleading.
Check adjacent regimes
- Assess the address source, subscriber type, marketing route and suppression under PECR.
- Apply the privacy notice and minimisation decision to tracking or affiliate data.
- Open a product-specific FCA review for a possible financial promotion.
- Confirm rights for copy, images, logos, extracts and testimonials.
- Match the offer to customer terms, cancellation and complaints.
FSMA section 21 and FCA COBS 4 are separate from ASA review: an ASA check cannot approve a financial promotion. Where relevant, assess the communication and any required approval or exemption before publication.
Decide and monitor
Record the named reviewer, message version, evidence, exclusions and verdict. Stop publication for an unclear relationship, weak claim file, inaccessible disclosure, unusable suppression or unresolved FCA question. After sending, retain complaints, corrections and withdrawal evidence without turning a low complaint count into proof of compliance.
Set a post-send owner before release. That person monitors changed landing pages, expired evidence, complaints and broken disclosures, then escalates to the specialists whose gates are affected. Preserve the original edition and correction notice. Quietly editing an archive can remove the evidence needed to understand what recipients saw.
Before you act
- Record the publisher, commercial party, contributor and intermediary.
- Place plain disclosure before the first connected claim or link.
- Link every objective claim to evidence held before sending.
- Open a product-specific FCA review for a possible financial promotion.
- Name the reviewer, message version, evidence, exclusions and verdict.
- Set a post-send owner to monitor changed pages and complaints.
Common questions
Where should the disclosure wording go in a sponsored newsletter?
Place plain disclosure wording for the actual relationship before or at the first connected claim or link. Check the subject line or preview where the message itself is unsolicited marketing, and test text, link purpose and reading order with keyboard and assistive technology.
Can a platform badge or footer label count as sufficient disclosure?
A platform badge or footer may add context, but the reviewer must assess the whole message as encountered. CAP Code Section 2 says marketing communications must be obviously identifiable, and it contains specific rules for unsolicited email and advertorials.
What should happen if a linked offer changes after approval?
Capture the new destination and decide whether the newsletter wording has become misleading. The post-send owner monitors changed landing pages, expired evidence, complaints and broken disclosures, then escalates to the specialists whose gates are affected.
