Month: November 2012

New Rules For Online Behavioural Advertising

The Committee of Advertising Practice (CAP) has introduced new rules into the CAP Code which will require marketers and third parties to ensure that web users are made aware of, and can exercise the option to opt out of, the collection and use of their web browsing data for the purposes of online behavioural advertising …   Read more

£90,000 Damages for Twitter Libel Upheld on Appeal: Cairns v Modi

In the first English libel case involving Twitter, the Court of Appeal upheld a damages award of £90,000 despite the limited number of people who saw the offending tweet, owing to the seriousness of the allegation and the impact it had on the claimant and his professional career. Facts Mr Cairns, an international cricketer who …   Read more

Anti-Abuse Promotion Terms Must Be Clear: PepsiCo International Ltd

A prize promotion, on Pepsi packaging and fronted by Didier Drogba, offered the chance to win £500 every hour. Text included “FOR A CHANCE TO WIN, ENTER THE LAST 4 DIGITS OF YOUR BARCODE AT WWW.PEPSI.CO.UK OR TEXT 62948”. The ASA ruled that PepsiCo’s terms banning bulk entry submissions were not sufficiently clear to allow disqualification …   Read more

Defamation Bill Update

The law on defamation (which protects the reputation of an individual or organisation) has been largely developed over the years through case law, supplemented by the Defamation Acts 1952 and 1996. Defamation law in the UK has been widely criticised, and the current Bill aims to reform the law in England and Wales to ensure …   Read more

Tweeting Significant Conditions of Promotions: How Much Information to Include

Following the ASA’s Pet Plan Ltd decision in September CAP has issued updated guidance on terms and conditions in sales promotions, including what information you need to include in the initial advertising copy such as a tweet. A tweeted prize promotion on @PetplanUK stated “To celebrate #petdentalcare month we are giving away 10 goodie bags …   Read more

Ofcom Resolves Ambiguity Complaint Over Channel 4 Prometheus Interactive Ad

Ofcom has resolved a complaint against Channel 4 over confusion caused by the airing of interactive TV advertising involving an exclusive Prometheus trailer and viewer tweets. The communications regulator expressed concerns that Channel 4’s use of audience tweets in TV advertising created ambiguity between what the audience might consider to be advertising and editorial content. …   Read more