Cyberstrategy

Appendix: A Guide to Legal Issues

This Appendix has been written by Rachael Bickerton, a lawyer in the Computer, Communications and Media Group at Lovell White Durrant (London, UK).

Foreword

The comments in this Appendix are intended to increase awareness of some of the issues of law and the Internet. This is not an exhaustive list and should be viewed merely as a guide to some of the issues surrounding the Internet. The law is developing in this area as quickly as the technology itself. This is no substitute for specific legal advice.

Advertising

There is no legislation in England which specifically addresses advertising on the Internet, although there are specific rules concerning certain products, such as financial services or pharmaceuticals. There are also self-regulatory codes and rules, such as those of the Advertising Standards Authority (ASA).

The British Code of Advertising Practice and the Sales Promotion Code, published by the ASA's Committee of Advertising Practice, set out a number of principles that must be complied with by all advertisers. The rules apply to advertisements on computer and video games, CD-ROM and the Internet as well as press, poster and cinema advertising. The general requirement is that advertisements must be legal, decent, honest and truthful. Furthermore, advertisements must not exploit the 'credulity, lack of knowledge or inexperience of consumers' and should not mislead consumers through inaccuracy and ambiguity, exaggeration, omission or otherwise.

The ASA supervises these codes on a system of self-regulation. Although the codes do not have the force of law, failure to comply will...

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