advertising – Page 23 – Current Awareness

Regina (Core Issues Trust) v Transport for London (Secretary of State for Culture, Media and Sport and Minister for Women and Equalities intervening) – WLR Daily

Posted January 30th, 2014 in advertising, appeals, Christianity, freedom of expression, homosexuality, law reports, London by sally

Regina (Core Issues Trust) v Transport for London (Secretary of State for Culture, Media and Sport and Minister for Women and Equalities intervening) [2014] EWCA Civ 34; [2014] WLR (D) 35

‘Where the decision of a public body was shown to be unlawful, the court should be reluctant to refuse relief on the ground that, acting lawfully, the decision-maker would have reached the same decision, particularly if the power had been exercised not for its statutory purpose but for an ulterior motive. In such a case the court should grant appropriate relief.’

WLR Daily, 27th January 2014

Source: www.iclr.co.uk

London transport’s ban on anti-gay ad put in doubt by court of appeal – The Guardian

Posted January 27th, 2014 in advertising, appeals, Christianity, freedom of expression, homosexuality, London, news, transport by sally

‘A London transport ban on a Christian charity’s posters suggesting gay people can “move out of homosexuality” has been put in doubt by a court of appeal judgment that ordered an investigation into whether the mayor, Boris Johnson, acted “for an improper purpose”.’

The Guardian, 27th January 2014

Source: www.guardian.co.uk

Google to face High Court case on alleged breach of UK data protection rules – OUT-LAW.com

Posted January 20th, 2014 in advertising, damages, data protection, internet, jurisdiction, news, privacy by sally

‘Google is to face a claim for damages before the High Court from three individuals who claim the company breached UK data protection laws by circumventing privacy settings deployed on their web browsers to serve them with personalised adverts.’

OUT-LAW.com, 17th January 2014

Source: www.out-law.com

ICO fines payday loans company £175,000 over spam messaging – OUT-LAW.com

Posted December 19th, 2013 in advertising, consumer credit, data protection, fines, news, telecommunications by sally

‘A payday loans company has been fined £175,000 by the Information Commissioner’s
Office (ICO) after the watchdog found it to be in serious breach of UK privacy
laws.’

OUT-LAW.com, 17th December 2013

Source: www.out-law.com

Harley Street practitioner claimed he could cure cancer and HIV with lifestyle changes and herbs, court hears – Daily Telegraph

Posted December 11th, 2013 in advertising, cancer, HIV, medical treatment, news by sally

‘Man in court for rare prosecution under The Cancer Act 1939 which prohibits advertisements offering to treat or to cure cancer.’

Daily Telegraph, 11th December 2013

Source: www.telegraph.co.uk

When is an advert “political” for the purposes of a ban under the Communications Act? – UK Human Rights Blog

Posted November 25th, 2013 in advertising, Christianity, freedom of expression, human rights, media, news by sally

‘R (on the application of London Christian Radio Ltd & Christian Communications Partnerships) v Radio Advertising Clearance Centre (Respondent) & Secretary of State for Culture, Media and Sport (Interested Party) [2013] EWCA Civ 1495.The ban on Christian Radio’s proposed advert seeking data on the “marginalisation of Christians” in the workplace was lawful and did not constitute an interference with free speech, the Court of Appeal has ruled. When determining whether a radio or television advertisement was “political” fur the purposes of Section 321(2)(b) of the Communications Act 2003 the court should consider the text objectively; the motives of the advertiser were irrelevant.’

UK Human Rights Blog, 21st November 2013

Source: www.ukhumanrightsblog.com

Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre – WLR Daily

Posted November 25th, 2013 in advertising, Christianity, freedom of expression, law reports, media by sally

Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre:[2013] EWCA Civ 1495; [2013] WLR (D) 445

‘The words “an advertisement which is directed towards a political end”, in section 321(2)(b) of the Communications Act 2003, invited attention to the subject-matter of the advertisement, and not the motives and intentions of the advertiser unless those intentions were expressed or were implicit in the language of the advertisement itself. An objective examination of the text of the advertisement alone was required, and the word “political” should not be given a narrow and artificially restrictive interpretation given the wide scope of the examples provided in section 321(3).’

WLR Daily, 19th November 2013

Source: www.iclr.co.uk

Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre

Posted November 22nd, 2013 in advertising, appeals, Christianity, law reports, media by sally

Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre:[2013] EWCA Civ 1495; [2013] WLR (D) 445

‘The words “an advertisement which is directed towards a political end”, in section 321(2)(b) of the Communications Act 2003, invited attention to the subject-matter of the advertisement, and not the motives and intentions of the advertiser unless those intentions were expressed or were implicit in the language of the advertisement itself. An objective examination of the text of the advertisement alone was required, and the word “political” should not be given a narrow and artificially restrictive interpretation given the wide scope of the examples provided in section 321(3).’

WLR Daily, 19th November 2013

Source: www.iclr.co.uk

TV gambling ads have risen 600% since law change – The Guardian

Posted November 20th, 2013 in advertising, gambling, news, statistics by sally

“The number of gambling commercials on British TV has rocketed from 234,000 a year to nearly 1.4m annually since the deregulation of the sector six years ago, according to new research.”

The Guardian, 19th November 2013

Source: www.guardian.co.uk

Watchdog bans rogue Land Registry and DVLA adverts – Daily Telegraph

Posted November 13th, 2013 in advertising, driving licences, internet, land registration, news by sally

“Two more adverts have been banned as the ASA continues its battle with websites that give the impression of being ‘official.’ ”

Daily Telegraph, 13th November 2013

Source: www.telegraph.co.uk

More Tweet Trouble for Rooney and Nike? – Sports Law Bulletin from Blackstone Chambers

Posted November 7th, 2013 in advertising, codes of practice, complaints, internet, news, sport by sally

“A tweet by ‘Wayne Rooney’ landed Nike in front of the Advertising Standards Agency (ASA) again last month, following a complaint by a user of Twitter that the tweet was not obviously identifiable as a marketing communication and was therefore in breach of the Committees of Advertising Practice (CAP) Code 2.1, 2.3 and 2.4. The ASA’s decision on this tweet is interesting in light of its previous decision in a similar case involving Nike and Mr Rooney, and is worthy of note for any lawyers involved in advising sports teams and players on devising social media policies and/or regulating their social media use on a personal level.”

Sports Law Bulletin from Blackstone Chambers,6th November 2013

Source: www.sportslawbulletin.org

More Tweet Trouble for Rooney and Nike? – Sports Law Bulletin from Blackstone Chambers

Posted November 5th, 2013 in advertising, codes of practice, complaints, internet, news, sport by sally

“A tweet by ‘Wayne Rooney’ landed Nike in front of the Advertising Standards Agency (ASA) again last month, following a complaint by a user of Twitter that the tweet was not obviously identifiable as a marketing communication and was therefore in breach of the Committees of Advertising Practice (CAP) Code 2.1, 2.3 and 2.4. The ASA’s decision on this tweet is interesting in light of its previous decision in a similar case involving Nike and Mr Rooney, and is worthy of note for any lawyers involved in advising sports teams and players on devising social media policies and/or regulating their social media use on a personal level.”

Sports Law Bulletin from Blackstone Chambers, 5th November 2013

Source: www.sportslawbulletin.org

Sainsbury’s vs Tesco dispute winds up in court – The Independent

Posted October 30th, 2013 in advertising, complaints, judicial review, news, ombudsmen by sally

“A bitter dispute between Sainsbury’s and Tesco is set to hit the courts after the UK’s second biggest supermarket said it would seek a judicial review into the advertising watchdog’s decision not to uphold a complaint against their bigger rival.”

The Independent, 30th October 2013

Source: www.independent.co.uk

‘British justice on trial’: Judge urges phone-hacking jury to consider only the evidence presented to them – The Independent

Posted October 30th, 2013 in advertising, bias, conspiracy, contempt of court, Crown Prosecution Service, evidence, interception, internet, juries, media, news, perverting the course of justice by sally

“The jury that will decide the guilt or innocence of Rebekah Brooks, Andy Coulson and six other defendants was sworn in at the Old Bailey with a warning from the judge that ‘British justice is on trial’.”

The Independent, 30th October 2013

Source: www.independent.co.uk

Sender of unlawful spam messages successfully appeals against ICO’s £300,000 fine – OUT-LAW.com

Posted October 28th, 2013 in advertising, appeals, fines, news, ombudsmen, privacy, telecommunications by sally

“A sender of unlawful spam text messages has successfully appealed against a watchdog’s decision to fine him £300,000 over the activity after an Information Rights Tribunal ruled that insufficient damage or distress had been caused to recipients to merit the penalty being imposed.”

OUT-LAW.com, 25th October 2013

Source: www.out-law.com

New cookies guidance highlights intra-EU differences on data protection definitions, says expert – OUT-LAW.com

Posted October 21st, 2013 in advertising, consent, data protection, EC law, internet, interpretation, news, privacy by sally

“New guidance issued by an EU privacy advisory body on ‘cookies’ highlights a continuing lack of harmonisation on definitions central to European data protection laws, which are interpreted differently across different EU countries, an expert has said.”

OUT-LAW.com, 17th October 2013

Source: www.out-law.com

New legal battle over gay adverts on London buses – Daily Telegraph

Posted October 17th, 2013 in advertising, homosexuality, news, transport by sally

“Transport chiefs in London have been accused of reopening a bitter row over homosexuality which saw Boris Johnson step in to ban advertisements on London buses promoting the idea that gay people could be ‘cured’.”

Daily Telegraph, 17th October 2013

Source: www.telegraph.co.uk

Wonga ‘Mr Sandman’ ad banned by Advertising Standards Authority – The Guardian

Posted October 10th, 2013 in advertising, consumer credit, news by sally

“ASA says ad by payday lender Wonga gave impression that taking out a high-interest loan could be done lightly.”

The Guardian, 9th October 2013

Source: www.guardian.co.uk

Robin Thicke advert ruled ‘too sexual’ for early showing – BBC News

Posted October 9th, 2013 in advertising, children, complaints, media, news, video recordings, women by sally

“An advert featuring singer Robin Thicke performing his number one hit Blurred Lines must not be shown before 19:30 as it is too sexual, the Advertising Standards Authority (ASA) has said.”

BBC News, 9th October 2013

Source: www.bbc.co.uk

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