Check podcast SEO advertising rules before you brief a campaign

What to take away

Map the rules that apply to your campaign

The ASA administers the CAP Code, which the Committee of Advertising Practice writes. The CAP Code applies to non-broadcast marketing communications, including podcast ads distributed on demand, paid search ads and commercial marketing in show notes; the BCAP Code applies to broadcast ads.

CAP Code rules 2.1 and 2.3 require marketing communications to be obviously identifiable and to make their commercial intent clear when it is not already obvious. Rules 3.1 and 3.7 address misleading claims and the need to hold documentary evidence for objective claims before publication. For example, an unlabelled host-read paid segment risks breaching rules 2.1 and 2.3; an unsupported ranking claim risks rules 3.1 and 3.7. These are illustrations, not quoted ASA rulings.

Podcast SEO sits across two regimes. Search copy is advertising, so it must be obviously identifiable. Listener data collected through a landing page is personal data, so data protection law applies at the same time.

For broader site guidance, see the UK podcast SEO rules and compliance guide; it complements, but does not replace, the rules below.

Agree who is responsible for each claim

The advertiser, the agency and the publisher can each be held to the Code. In practice the ASA expects the advertiser to hold evidence for objective claims, such as download figures or ranking positions.

Write down who signs off each claim before production starts. If a host reads a line about listener numbers, someone must produce the source data on request.

Use a working claim log with fields for the claim wording, medium and placement, responsible approver, evidence and its source, date checked, and disclosure wording. Keep the approved script or search copy with it, along with opt-in wording, time and source, the privacy notice version, and any suppression record.

Where a claim rests on third-party data, name the source in the script or show notes.

Handle listener data with a documented lawful basis

Collecting an email address for a podcast newsletter is direct marketing. The ICO guidance on choosing a lawful basis for direct marketing explains how to pick one and record it; the ICO's Direct marketing guidance is the named guidance to consult. A lawful basis under the UK GDPR does not remove the need to check PECR.

Under the UK GDPR, the six lawful bases in Article 6 are consent, contract, legal obligation, vital interests, public task and legitimate interests. The UK data protection legislation includes the Data Protection Act 2018; you must tell people what you do with their data and keep it accurate. A podcast sign-up page needs a linked privacy notice and a retention period you can defend. PECR—the Privacy and Electronic Communications (EC Directive) Regulations 2003—also governs unsolicited marketing by electronic mail: regulation 22 generally requires prior consent for messages to individual subscribers, unless the soft opt-in applies. A UK GDPR lawful basis alone does not satisfy that PECR requirement.

What counts as valid consent

Consent must be freely given, specific and unambiguous. A pre-ticked box does not meet that test, and neither does a bundle of unrelated permissions. Record the time, source and wording of each opt-in.

What to do when someone opts out

Honour the request promptly and suppress the address across all campaign lists. Keep a minimal record of the suppression so you can prove you complied.

Keep disclosures visible in audio and search copy

Paid placements must be identifiable as advertising. For a host-read segment, a clear spoken disclosure as the ad begins is a practical way to make its commercial nature apparent; there is no substitute in show notes for a disclosure listeners can hear.

Do not bury a disclosure in show notes only, since listeners may never open them. If the relationship is commercial, say so in the audio.

For wording examples, see the site's podcast SEO disclosure policy for England. It is related site guidance, not a regulator's policy or a separate set of UK rules.

Know what happens when a rule is broken

The ASA publishes its rulings and information on sanctions and other compliance action. Check the published rulings for decisions relevant to your claims and format, and the sanctions guidance for possible outcomes, including public rulings and referral to other regulators for persistent breaches.

That visibility matters for podcast discovery, because a named ruling can outrank your own pages for brand searches.

Keep a working glossary

Common questions

Do these rules apply across the UK?

The CAP and BCAP Codes, UK GDPR, Data Protection Act 2018 and PECR apply UK-wide. Which advertising code applies depends on whether the ad is non-broadcast or broadcast.

Is a spoken disclosure enough for a host-read ad?

A spoken disclosure can make the commercial intent clear if listeners hear it as the ad begins. Add a written label in the show notes as well, so the commercial relationship is clear to people who encounter the notes separately.

Can I rely on legitimate interests instead of consent?

Legitimate interests may be an appropriate UK GDPR lawful basis in some circumstances, but it does not replace PECR. For unsolicited marketing emails to individuals, PECR generally requires consent unless the soft opt-in applies.

What records should I keep?

Keep scripts, claim sources, opt-in logs and privacy notices for the period your retention policy states. Individual cases need a qualified adviser.