Identifying advertising

Published by a LexisNexis TMT expert
Practice notes

Identifying advertising

Published by a LexisNexis TMT expert

Practice notes
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The Rules applicable to Advertising in the UK are found in both legislation and in self-regulatory industry codes of practice. A key principle is that advertising must be obviously identifiable as such.

This Practice Note considers the rules set out in the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP code) and UK Code of Broadcast Advertising (BCAP code) on identifying advertising and the various labels commonly used for this purpose. It provides an introduction to the self-regulatory regime and considers specific guidance on the application of the CAP Code rules in the context of:

  1. advertisement features

  2. native advertising

  3. affiliate marketing

  4. social media advertising

  5. influencer advertising

  6. podcasts and audio streaming

  7. vlogs and live streaming

  8. reviews, testimonials and endorsements

  9. direct marketing

It is important to keep in mind that there will be some cross-over between the specific guidance provided. For example, influencer advertising often consists of advertisement features and affiliate marketing carried out on social media. All guidance relevant to the specific scenario should therefore be considered.

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Jurisdiction(s):
United Kingdom
Key definition:
Advertising definition
What does Advertising mean?

Advertising is defined very broadly to encompass any form of representation that is made in connection with business in order to promote the supply or transfer of a product.

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