Planning a print advertising campaign—issues to consider
Planning a print advertising campaign—issues to consider

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

  • Planning a print advertising campaign—issues to consider
  • Background
  • Is the advertisement in any way misleading or deceptive?
  • CAP Code
  • Does the advertising address consumers?
  • Does the advertising address businesses?
  • Does the advertising identify a competitor or product offered by a competitor?
  • Do you own the intellectual property rights in your advertisement?
  • Are the intellectual property rights in your advertising protected?
  • What is the territorial scope of your ad campaign?
  • More...

Planning a print advertising campaign—issues to consider

Background

This Practice Note sets out the main legal and regulatory issues to consider when planning and approving a print advertising campaign.

Despite the rapid growth of digital marketing in recent years, print advertising continues to play a central role in all major brand advertising. This includes advertising on billboards, posters, brochures and fliers and in newspapers and magazines. In the UK, print advertising is governed by a combination of industry self-regulation and legislation:

  1. UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) (administered and enforced by the Advertising Standards Authority)

  2. the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277

  3. the Business Protection from Misleading Marketing Regulations 2008 (BPR 2008), SI 2008/1276

This Practice Note highlights the key regulatory and legal issues to consider when planning a print advertising campaign. For other types of advertising such as broadcast or digital, there are different legislative and regulatory frameworks which are outside the scope of this note.

Is the advertisement in any way misleading or deceptive?

CAP Code

The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) regulates all forms of non-broadcast advertising and therefore covers print ads. It is enforced by the Advertising Standards Authority (ASA). For further information, see Practice Note: Advertising law and regulation. The CAP Code is highly detailed, but in

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