“A lot of the work that I do is historic-the maximum sentences change at different points of time. It's really complicated and people get it wrong all the time. That's when having a timeline is really useful.”
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This Checklist highlights the principal points to review when signing off advertising copy. It is designed to assist advertisers and their legal advisers in ensuring print ads adhere to statutory and self-regulatory requirements, including the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), Committee of Advertising Practice (CAP) help notes, and the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). For broader guidance on advertising controls, see Practice Note: Advertising law and regulation. A third column is available to capture remarks or observations as you progress through the Checklist... Checklist Further information Notes (if any) Introductory considerations Have you reviewed the CAP Code and CAP’s Formal Guidance, along with relevant guidance from trading standards bodies and the Competition and Markets Authority (CMA)? Non-broadcast advertising is governed by legislation as well as the CAP Code. For more detail, see Practice Note: Advertising law and regulation... Have you taken account of relevant consumer legislation? When...
This Checklist supports planning for a print marketing campaign. It concentrates on marketing-specific needs, excluding wider transactional matters (eg contract formation, distance selling). Scope includes targeting and placement, agency agreements, data protection, advertising compliance, and prize or price promotions. It also addresses conformity with the UK’s legislative and self-regulatory framework, notably the unfair commercial practices rules in the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). Print ads remain pivotal to big-brand activity, across billboards, posters, brochures, leaflets, newspapers and magazines. In the UK, print advertising is overseen through a blend of industry self-regulation and statute. For a wider briefing on the UK advertising environment, see Practice Note: Advertising law and regulation. See also: Advertising copy approval—checklist; Planning a digital marketing campaign—checklist. A third column is available to capture observations or remarks while working through the Checklist... Checklist Further information Notes (if any) Targeting and placement ...
How to use this Checklist Use this Checklist when mapping out a digital marketing campaign. The emphasis is on marketing‑specific requirements, and it does not deal with general matters connected to transactional activity (eg contract formation and distance selling). It spans media selection, territorial targeting, agency contracts and agreements, data protection and safeguarding, advertising compliance, user‑generated content and material, influencer engagement and partnerships, prize and price promotions, and behavioural advertising. It also looks at adherence to the legislative and self‑regulatory regime in the UK, including the unfair commercial practices provisions in the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and the UK Code of Non‑broadcast Advertising and Direct & Promotional Marketing (CAP Code). Digital marketing can reach consumers at home, at work and, via their mobiles, tablets and video game consoles, almost everywhere else. Alongside unrivalled potential audience numbers, it gives brands the chance to target individuals on the basis of their specific interests, locations or habits. It is no surprise, then, that brands are moving...
In this issue: Copyright & associated rights Trade marks/passing off Patents General IP LexTalk®IP: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Copyright & associated rights IPO confirms approach for foreign artists’ public performance rights The Intellectual Property Office (IPO) has released its response to an early‑2024 consultation on how best to ensure overseas performers and producers receive the public performance rights (PPR) payments due when their sound recordings are broadcast or played in public in the UK. Historically, UK law’s treatment of this right did not fully mirror the nation’s international commitments. After the consultation and engagement with industry stakeholders, the government has chosen Option 0A. Under this approach, targeted adjustments will be made to the criteria for foreign performers’ PPR eligibility, extending PPR to foreign performers where the producer of the recording of their performance is a UK national or...
In this issue: Advertising, marketing and sponsorship Contracts International Public procurement Supply chain Supply of services LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship The Advertising Standards Authority (ASA) has confirmed that the Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) will delete energy labelling requirements from their Codes and related guidance following a review and public consultation. The rules being withdrawn are CAP Code 11.8 and 11.9, and BCAP Code 9.9 and 9.10, which were added in 2011 to align with legal obligations to include energy labels and product fiche details in specified ads. CAP and BCAP consulted from 3 February to 4 March 2025 and received no objections. See: LNB News 27/10/2025 20. ASA rulings—29 October 2025: The ASA considered a single complaint about an in‑app advert by WHG (International) Ltd...
In this issue: Advertising, marketing and sponsorship Consumer protection International Supply of services Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&A Advertising, marketing and sponsorship ASA rulings—21 May 2025 The Advertising Standards Authority (ASA) assessed two objections to Vodafone Ltd’s website promotions about pricing. Concerns centred on misleading savings representations and the way promotional prices were put forward. The ASA upheld both challenges. See: LNB News 21/05/2025 9. CAP and BCAP implement new misleading advertising rules under Digital Markets Act The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) have revised their advertising rules to mirror the unfair commercial practices regime in the Digital Markets, Competition and Consumers Act 2024. From April 2025, advertisers must disclose the total price, are barred from fake reviews, must identify incentivised reviews, and must not present consumer reviews in a misleading way. The...
This Practice Note explains and outlines the legal and regulatory framework that applies to mobile satellite services (MSS) in the UK at present. The principal categories of communications satellite service are as follows: the MSS the fixed satellite service the broadcast satellite service Broadly, in general, both within the UK and internationally, the regimes for these services are alike when it comes to securing spectrum access (even though they may operate in distinct spectrum bands) as well as when applying for a launch and operations licence. However, they can materially diverge regarding the need for associated terrestrial licences and in particular certain elements of the International Telecommunication Union (ITU) filing processes and relevant obligations under the ITU Radio Regulations. An MSS network may additionally need spectrum for communications between an Earth station and a satellite, and vice versa (feeder links), required for operation. This Practice Note concentrates specifically on UK law and regulation affecting MSS at UK level. For further detail on...
Film and TV glossary A–B Film and TV glossary E–H Film and TV glossary I–L Film and TV glossary M–P Film and TV glossary R–S Film and TV glossary T–W CAP Code for non-broadcast media The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code) serves as the principal framework governing non-broadcast adverts, promotional sales activity and direct marketing messages. It is drafted by the Committee on Advertising Practice (CAP), a self-regulatory body whose membership comprises organisations representing advertising, sales promotion, direct marketing and media industries. The Advertising Standards Authority (ASA) polices the CAP Code and may require the withdrawal or amendment of any advertisement that contravenes these standards. Refer to Practice Note: Advertising law and regulation. Channel 4 Channel 4 operates as a ‘publisher-broadcaster’: it produces no programmes internally, commissioning content from production companies across the UK. Cinematograph film Under the Copyright Act 1956 (CA 1956), films gained protection as...
Defending a claim of copyright infringement In most copyright infringement cases, a defendant will first challenge the claimant’s position on copyright itself, contending either that no copyright exists in the work identified, or that any subsisting copyright is not owned by the claimant (and sometimes both). The next step is often to assert that, even assuming copyright does subsist, there has been no infringement. This may include arguing that the original work and the accused material lack sufficient similarity, or adducing evidence that the disputed work was created independently, i.e. that no copying occurred. Finally, there are specific statutory carve-outs to infringement, predominantly set out in the Copyright, Designs and Patents Act 1988 (CDPA 1988). These are referred to as permitted acts. The range of permitted acts applying to copyright is extensive, with several also relevant to database right. Where other legal claims arise, such as breach of confidence, the permitted acts defence will not cover those causes of action. Permitted acts can be invoked in relation to...