Advertising Law and Regulation

Giles Crown is Partner at Taylor Wessing specialising in intellectual property, media, data privacy, reputation management, regulatory and dispute work. He represents a wide range of clients, with a particular focus on the creative, media and tech sectors, major advertisers and brands. He is an accredited mediator, and is Independent Vice-Chair of the Internet Watch Foundation (IWF). Oliver Bray is Senior Partner at Reynolds Porter Chamberlain LLP (RPC) and a renowned specialist in advertising and marketing law, having worked with agencies and major brand owners all his career, including those in retail, publishing, technology, and media. He is an editorial board member of Digital Business Lawyer and Entertainment Law Review. Rupert Earle is Partner and Head of Media Litigation at Bates Wells. He has specialised in media, public/regulatory, advertising, and consumer law issues, both in and out of court, for 30 years. He is a trustee of the History of Advertising Trust. Geraint Lloyd-Taylor is a Partner and is Co-Head of Lewis Silkin’s Advertising & Marketing Law team. He was named as a ‘Leading Individual’ for Tech, Media and Telecoms: Advertising & Marketing in the Legal 500. He provides legal advice to a wide range of global brands across a variety of sectors in relation to all kinds of brand-led content, including advertising and marketing campaigns, social media and PR, on a range of legal and regulatory issues.

PART 1 Regulatory bodies and how they regulate
1 Introduction
2 Regulatory structure for non-broadcast advertising
3 Regulatory structure for broadcast advertising
4 Regulatory structure for on-demand programme service and video-sharing platform advertising: CAP/ASA and Ofcom
5 Remit: What advertising do the CAP and BCAP Codes cover?
6 Enforcement of Codes: Complaint investigations and projects
7 CAP and BCAP Code rules and ASA/ASAB rulings: Guiding principles and criteria
8 CAP/BCAP Codes and ASA/ASAB rulings: general rules
9 CAP/BCAP Code rules and ASA/ASAB rulings: specific categories
10 Targeting and scheduling of advertising
11Copy advice and clearance
12 Ofcom
13 Competition and Markets Authority
14 Trading Standards
15 Specialist regulatory bodies
16 Challenging regulatory decisions and restrictions
PART 2 Key legal areas
17 Consumer protection
18 Defamation
19 Malicious falsehood
20 Trade marks
21 Passing off
22 Contract law
23 Deceit and misrepresentation
24 Breach of confidence
25 Privacy
26 Data protection
27 Copyright and moral rights
28 Discrimination
29 Obscenity, indecency, religious and racial hatred
30 Contempt of court
31 Prize draws, competitions and lotteries
PART 3 Specific advertising platforms and techniques
32 Digital advertising and intermediaries
33 Identification of advertisers
34 Influencer marketing
35 Outdoor and ambient advertising
36 Comparative advertising
37 Cinema advertising
PART 4 Specific advertising sector rules
38 Accountants
39 Actuaries
40 Alcohol
41 Ambush marketing
42 Animals and birds
43 Architects
44 Aviation
45 British Broadcasting Corporation
46 Care homes
47 Charities
48 Children
49 Contraceptives, pregnancy and sanitary protection
50 Cosmetics, beauty and slimming
51 Currency and postage stamps
52 Dating agencies
53 Diseases, epidemics and pandemics
54 Elections
55 Employment and business opportunities, including pyramid schemes
56 Energy
57 Environment and green claims
58 Financial services, including consumer credit
59 Flags
60 Food and drink
61 Gambling
62 Hallmarks
63 Holidays
64 Housing
65 Human organs
66 Legal professionals
67 Licensed conveyancers
68 Lucky charms and clairvoyants
69 Massage establishments
70 Medical and veterinary professionals
71 Medicines
72 Motoring
73 Offensive weapons
74 Opticians
75 Organic products
76 Pesticides and biocides
77 Political and cause advertising
78 Public telephones
79 The Red Cross
80 Religious advertising
81 Royalty
82 Smoking and tobacco
83 Sponsorship and sports marketing
84 Stolen property
85 Telecommunications and broadband
86 Timeshares
87 Transport and taxis (London)
88 Uniforms
89 Vanity publishing
90 Video games