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
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
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
The claimant in this case, a Yorkshire woollen mill founded in 1837, claimed that the defendants had infringed its copyright in a woollen plaid fabric design called Skye Sage through the creation and sale of its own fabric Spring Meadow. The defendants denied infringement on the basis that Spring Meadow was designed independently of Skye … Read more
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
One of the banned practices under the Consumer Protection from Unfair Trading Regulations 2008 is item 31: “Creating the false impression that the consumer has already won, will win, or will on doing a particular act win, a prize or other equivalent benefit, when in fact either: 1. there is no prize or other … Read more
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
The Facts Paul Hodgson was disabled as a result of childhood meningitis. In 2000, he self-published his autobiography. He wrote the book to challenge the stereotype of the wheelchair-bound victim. It tells the story of his life as a fan of Darlington Football Club, his relationship with his family and his experiences in school, employment … Read more
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
