Digital advertising channels—introduction

The following TMT practice note provides comprehensive and up to date legal information covering:

  • Digital advertising channels—introduction
  • Website advertising (banners and tile ads)
  • Search engine optimisation (SEO)
  • Paid search (sponsored listings)
  • Social media advertising
  • Email advertising
  • Mobile advertising
  • Responsive web design
  • Text message (SMS) and multimedia message (MMS) advertising
  • Affiliate marketing
  • More...

Digital advertising channels—introduction

This Practice Note introduces common digital advertising and marketing channels and highlights relevant legal issues.

Digital, online and social media (collectively referred to as ‘digital’) encompasses a diverse and constantly-growing array of different channels for delivering advertising and marketing materials. Each channel has unique advantages and disadvantages in terms of managing legal risks. Digital technology can often work in favour of legal compliance by allowing greater control of advertising activity than traditional media. On the other hand, it is a fast-paced area with technological developments often pushing the boundaries of legislation.

This Practice Note covers the following:

  1. Website advertising (banners and tile ads)

  2. Search engine optimisation (SEO)

  3. Social media advertising

  4. Email advertising

  5. Mobile advertising

  6. Affiliate marketing

  7. Content and native advertising

  8. Regulatory and legislative framework

  9. Consequences of non-compliance

For detailed guidance on specific topics mentioned in this note, see Practice Notes:

  1. Advertising law and regulation

  2. Direct marketing

Website advertising (banners and tile ads)

Website-based advertising (also referred to as display advertising) is advertising that is hosted on a website or webpage. This type of advertising is usually located in specific areas of the webpage that have been designated for hosting advertising. It may also appear in pop-up form, where accessing the website triggers the opening of a new browser window, which contains the ad.

The content that appears in these blocks can be text-only but most commonly takes the

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