Media Advertising in UK Law

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Leading Cases
  • R (Animal Defenders International) v Secretary of State for Culture, Media and Sport
    • Queen's Bench Division (Administrative Court)
    • 04 Dec 2006

    In summary, the necessity for restrictions on political/social advocacy broadcast advertising outside elections periods has been convincingly shown. It is necessary to protect the rights of others through preventing undue access to the broadcast media based on willingness and ability to pay. At root it supports the soundness of the framework for democratic public debate. The broadcast media remain pervasive and potent throughout the period between elections.

  • R (Animal Defenders International) v Secretary of State for Culture, Media and Sport
    • House of Lords
    • 12 Mar 2008

    But it is highly desirable that the playing field of debate should be so far as practicable level. It is the duty of broadcasters to achieve this object in an impartial way by presenting balanced programmes in which all lawful views may be ventilated. The rights of others which a restriction on the exercise of the right to free expression may properly be designed to protect must, in my judgment, include a right to be protected against the potential mischief of partial political advertising.

    But the issue must be tested with reference to objects with which one may not be sympathetic. Hypothetical examples spring readily to mind: adverts by well-endowed multi-national companies seeking to thwart or delay action on climate change; adverts by wealthy groups seeking to ban abortion; or, if not among member states of the Council of Europe, adverts by so-called patriotic groups supporting the right of the citizen to bear arms.

    In the present context it should in my opinion be given great weight, for three main reasons. Thirdly, legislation cannot be framed so as to address particular cases. A general rule means that a line must be drawn, and it is for Parliament to decide where. The drawing of a line inevitably means that hard cases will arise falling on the wrong side of it, but that should not be held to invalidate the rule if, judged in the round, it is beneficial.

  • Argos Ltd v Argos Systems Inc.
    • Court of Appeal (Civil Division)
    • 09 Oct 2018

    So far as a requirement for a change in economic behaviour is concerned, the CJEU has held that proof that the use of the sign is or would be detrimental to the distinctive character of the trade mark requires evidence of a change in the economic behaviour of the average consumer of the goods or services for which the trade mark is registered or a serious likelihood that such change will occur in the future: see Case C-383-12 Environmental Manufacturing LLP v OHIM (judgment of 14 November 2013) (at [34]–[43]).

  • O2 Holdings Ltd v Hutchison 3G UK Ltd (Application for Interim Injunction)
    • Chancery Division
    • 09 Nov 2004

    It is right that bubbles, although bubbles by no means identical to the bubbles in this advertisement, have been used extensively by the claimants and I am left with what may only be a lawyer's strong suspicion that the defendant have used the bubbles as a way of emphasizing the unfavourable nature of the comparison which is being made, an impression which is reinforced by the fact that the bubbles appear in black and white, or more accurately in shades of dark grey, rather than the rather more cheerful blue colour of the claimants' own advertisements.

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Legislation
  • Broadcasting Act 1981
    • UK Non-devolved
    • January 01, 1981
    ......be received either through advertising or other agents or direct. from the advertiser, but neither the Authority ...National Enterprise Board in relation. to news media. . . . Section 19 of the   Welsh Development Agency Act 1975 . . . ......
  • Adoption and Children Act 2002
    • UK Non-devolved
    • January 01, 2002
    ......36) (interpretation), subsection (3B) is omitted. . Advertising . SCH-4.14 . 14 In section 58 of the Adoption Act 1976 (c. 36) ... adoptions and advertising children for adoption (through traditional media and electronically) other than through adoption agencies, and prohibits ......
  • Tobacco Advertising and Promotion Act 2002
    • UK Non-devolved
    • January 01, 2002
    ......The Act also covers media other than paper, eg electronic communications (such as the internet) and video. It does not cover television and radio which are already subject to ......
  • The Consumer Protection from Unfair Trading Regulations 2008
    • UK Non-devolved
    • January 01, 2008
    ...... measures relating to consumer protection and to the control of advertising, makes the following Regulations in exercise of the powers conferred upon .... 11. Using editorial content in the media to promote a product where a trader has paid for the promotion without ......
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Books & Journal Articles
  • Recruitment Advertising: Discrimination on the Basis of Age
    • Nbr. 15-5, May 1993
    • Employee Relations
    • 54-65
    Examines the attitudes of employers with regard to age discrimination and the use of media advertising to infer age preference without actually stating an age‐bar. Analyses how, through discrete ad...
    ......A time period of one week was taken for each media vehicle included for the months of January, April, June and October, randomized across the month to avoid multiple inclusion of advertisements. The ......
  • Advertising vs sales promotion: a brand management perspective
    • Nbr. 9-6, November 2000
    • Journal of Product & Brand Management
    • 389-414
    Brand managers in packaged goods firms are under pressure to increase or maintain high sales promotion spending at the expense of media advertising. This study investigates the antecedents and outc...
    ...... makingAbstract Brand managers in packaged goods firms are under pressure to increase ormaintain high sales promotion spending at the expense of media advertising. This studyinvestigates the antecedents and outcomes of brand managers' advertising and salespromotion budget allocations by adopting a ......
  • Sales promotions as strategic communication: the case of Singapore
    • Nbr. 11-2, April 2002
    • Journal of Product & Brand Management
    • 103-114
    Although an integral component of many marketing communications strategies, relatively little has been written about the management of consumer sales promotions. Explores a framework that examines ...
    ...... Sales promotion, Pricing, Coupons, Brands, Management, AdvertisingAbstract Although an integral component of many marketing communications ... are a valuable form of communicationwithin the larger advertising media (Abraham and Lodish, 1990; Blattbergand Neslin, 1990; Farris and Quelch, ......
  • Competition Between Banks and Building Societies in the Retailing of Financial Services
    • Nbr. 3-3, September 1992
    • British Journal of Management
    SUMMARY Within the financial services sector there has been diversification on a vast scale, with varying degrees of success. Financial services are increasingly viewed as products, the various bra...
    ... @media screen{}@media print{@page ... the high street and have become major users of media advertising and other marketing weaponry. Historically, they have both enjoyed ......
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Law Firm Commentaries
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