The following TMT practice note provides comprehensive and up to date legal information covering:
This Practice Note introduces the laws and regulations governing advertising in general and covers:
Regulatory regime overview
Complaints under the CAP and BCAP Codes
Informal resolution of complaints
Sanctions under the CAP and BCAP Codes
What happens if the ASA gets it wrong?
Making changes to the Codes
Intellectual property rights
There are various sector-specific rules on advertising, which are addressed in Practice Note: Sector advertising law and regulation.
The rules applicable to advertising in the UK are found in both legislation and in self-regulatory industry codes of practice, primarily the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and UK Code of Broadcast Advertising (BCAP Code) (explained below).
The main pieces of current legislation are currently:
the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008), and
the Business Protection from Misleading Marketing Regulations 2008, SI 2008/1276 (BPR 2008)
For more detailed information on these Regulations, see Practice Notes: Unfair trading with consumers and Business Protection from Misleading Marketing Regulations 2008. In summary, the rules deal with issues such as price advertising, false or misleading advertising and comparative advertising.
The self-regulatory framework is very important in the UK, although in the area of broadcast advertising it is carried out under the statutory regime governed by the Communications Act
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