{"id":87762,"date":"2025-09-19T09:00:48","date_gmt":"2025-09-19T09:00:48","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=87762"},"modified":"2025-09-19T10:51:25","modified_gmt":"2025-09-19T10:51:25","slug":"united-kingdom-advertising-marketing","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/united-kingdom-advertising-marketing\/","title":{"rendered":"United Kingdom: Advertising &amp; Marketing"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-87762","comparative_guide","type-comparative_guide","status-publish","hentry","guides-advertising-marketing","jurisdictions-united-kingdom"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Lewis Silkin<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2024\/09\/Lewis-Silkin-Black.png\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Lewis Silkin<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2024\/09\/Lewis-Silkin-Black.png\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Advertising &amp; Marketing laws and regulations applicable in United Kingdom<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please provide a brief overview of the legal and regulatory framework governing advertising and marketing in your market. In particular, please explain if there is a self-regulatory system, a statutory system and\/or ability for competitors or consumers to bring claims against advertisers.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Advertising in the UK is governed by four key areas of law and regulation, including both self-regulatory and statutory systems:<\/p>\n<p>(i) The Advertising Standards Authority (ASA): A self-regulatory system governs advertising and marketing content (including TV, radio, cinema, social media posts, website content, and out of home ads). It comprises of three bodies: the ASA, the Advertising Standards Board of Finance (ASBOF) and the broadcast and non-broadcast Committees of Advertising Practice (CAP and BCAP). The ASA is the main regulator, but some types of content fall outside its remit (e.g. claims on packaging, press releases); excluded material is regulated under (ii) to (v). Competitors, consumers and groups \u201cwith an obvious interest\u201d (e.g. charities and consumer groups such as Which?) may bring claims against advertisers. The ASA is not able to issue fines, but it can refer advertisers unwilling to follow ASA rules to Trading Standards, who act as a \u2018legal backstop\u2019. In addition, the Competition and Markets Authority may take into account failures to follow ASA rules when considering breaches of (ii).<\/p>\n<p>(ii) Consumer protection legislation: the Digital Markets, Competition and Consumers Act 2024 prohibits unfair marketing to consumers, including misleading or aggressive marketing.<\/p>\n<p>(iii) Intellectual property legislation: copyright and trade mark laws affect the creative and how third party trade marks are used in comparative advertising.<\/p>\n<p>(iv) Sector-specific laws and codes: as well as generic laws, advertising for particular goods or services, such as financial services, gambling, tobacco and alcohol, often have their own sector-specific regulators or trade bodies. For example, the Portman Group issues a Code of Practice for the alcohol sector.<\/p>\n<p>(v) Media regulation and data privacy laws, such as the Communications Act 2003 and the Data Use and Access Act 2025, also include relevant provisions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please comment on how active the regulators are in your market, in practice, when it comes to regulating advertising and marketing.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The ASA publishes its adjudications on its website each Wednesday and the media report on many of the rulings. Although the ASA may not impose fines, it can request that ads are taken down or removed from circulation. It has some practical sanctions that it can impose on repeat offenders or if the non-compliance is especially serious, for example, requiring advertising to be pre-cleared or referring advertisers to the Competition and Markets Authority (CMA) or Trading Standards for court action.<\/p>\n<p>CMA regulation is based on consumer protection law. Under the Digital Markets, Competition and Consumers Act 2024, the CMA has new fining and enforcement powers. For example, where the CMA finds an ad to be misleading, it can require the advertising to publish (at their expense) a corrective statement. In really egregious cases it can issue fines of up to 10% of worldwide turnover.<\/p>\n<p>In addition to the CMA\u2019s new powers, where advertising is misleading, a court may (i) order the advertiser to publish a corrective statement, (ii) require an undertaking from the advertiser to take steps to achieve compliance with the Act, or (iii) apply for an interim enforcement order without notice, e.g. where a misleading advert is about to be published in a national publication.<\/p>\n<p>Trading Standards can bring criminal proceedings in the Magistrates Courts, who have the power to impose prison sentences of up to two years, and\/or fines of up to \u00a35,000 per offence. Ofcom can also take action regarding breach of programming or sponsorship codes.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do different rules apply to different media (e.g. television broadcast, streaming, online, cinema, print, out-of-home, email marketing, etc)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are two UK Advertising Codes, but the rules are largely identical, covering key issues such as misleading advertising, promotional marketing, social responsibility, advertising to children, gambling and lotteries, the environment, and health claims:<\/p>\n<p>(i) The UK Code of Non-broadcast Advertising and Direct &amp; Promotional Marketing (CAP Code) applies to non-broadcast advertisements, sales promotions and direct marketing communications, which is websites, out of home, print, social media; and<\/p>\n<p>(ii) The UK Code of Broadcast Advertising (BCAP Code) applies to all ads and programme sponsorship credits on radio and TV services licensed by Ofcom, including teleshopping, TV text, interactive TV ads and self-promotional channels.<\/p>\n<p>The BCAP Code includes extra rules regarding scheduling (for example, age-restricted products and placement rules), premium rate telephone serves, sexual entertainment and pornography, dating, and certain radio ads needing central copy clearance.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is it necessary to have advertisements pre-cleared\/pre-approved in your market by a relevant authority, regulator or other body before they are published\/broadcast, either generally or in relation to particular media, sectors, products, individuals\/businesses, etc? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Clearcast must pre-approve all ads for television (and some on video-on-demand platforms).\u00a0 It is owned by four UK broadcasters: ITV, Channel 4, Sky and Warner Media. Clearcast approves both scripts and final cuts of ads, checking that they comply with the BCAP Code and any applicable legislation. However, Clearcast\u2019s approval does not prevent the ASA from investigating a complaint and it won\u2019t influence the outcome of any ruling, although the ASA will consult with Clearcast to understand the reasoning for approval.<\/p>\n<p>RadioCentre and the CAA run comparable systems for radio and cinema advertising respectively.<\/p>\n<p>Advertisers may also need third party permission to incorporate private residences, coins and postage stamps, identifiable third parties, and images of the monarch and\/or royal crests.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Focusing on misleading claims\/marketing, please explain how these are regulated in your market.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Section 3 of the CAP and BCAP Codes require that ads be \u201clegal, decent, honest and truthful\u201d, that is, they must not be misleading and must be socially responsible.<\/p>\n<p>Ads must state substantial limitations and qualifications, and will be considered to be misleading if material information is omitted or presented in an unclear or ambiguous way. \u201cMaterial information\u201d includes the main characteristics of the product, the price, delivery costs, the identity of the advertiser or trader, and cancellation rights.<\/p>\n<p>Disclaimers can clarify the main claim but cannot contradict it and must be set out clearly and legibly.<\/p>\n<p>If the ASA receives a complaint, it will consider the ad as a whole and focus on the likely effect on consumers rather than the advertiser\u2019s intention. After a complaint has been made, the ASA will give the advertiser an opportunity to present a defence in writing before preparing a draft recommendation. After that, the ASA Council reviews the draft recommendation and publishes its final adjudication, which says if the complaint is upheld or not upheld.<\/p>\n<p>If the complaint is upheld, the advertiser should withdraw the ad from circulation as soon as possible. In particularly serious cases, or if the ASA considers an advertiser to be a repeat offender, a criminal prosecution may be launched by the relevant local trading standards department. Courts can impose fines or issue an order to pay costs.<\/p>\n<p>The CMA may launch investigations into particular areas of concern, such as advertisers making green claims or influencers failing to disclose that posts are ads. It now has increased enforcement powers but in the past it has generally sought undertakings as a first step.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is advertising that is (or may be) harmful or offensive managed in your market?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Section 4 of the CAP and BCAP Codes say that ads must not be harmful or offensive, particularly to those under the age of 18; advertisers should consider \u201cgenerally accepted standards\u201d to reduce the risk of causing harm, distress, or serious or widespread offence.<\/p>\n<p>Ads must not include horror and gore, swear words, graphic depictions of violence, sexual and domestic violence, or harmful stereotypes. This means the scope of what may be considered offensive or harmful is quite wide.<\/p>\n<p>If an ad is aimed at increasing knowledge about a sensitive topic, such as suicide, the ASA will consider the overall message and if any potential distress is reasonable. However, advertisers must take care to make sure that they do not include graphic imagery.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there special rules, or is there special guidance, relating to price claims in your market, such as discounts, sales, limited offers? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>ASA guidance states that price claims must relate to the product featured in the ad and must not mislead by omission, distortion, or undue emphasis. Claims that a customer can make a saving must not mislead by falsely claiming a price advantage, and \u201cup to\u201d and \u201cfrom\u201d claims must not exaggerate potential savings.<\/p>\n<p>Any reference prices must represent a genuine, usual selling price; the ASA will consider the pricing history (how recently, and for what duration, the reference price was charged), sales data, and distribution channels in making this assessment.<\/p>\n<p>Generally, the higher reference price must be charged for a longer period than the discounted promotional price. Marketers must not artificially inflate prices to make saving claims and encourage consumers to purchase. The ASA may also review the proportion of sale items discounted at the maximum saving and assess whether the savings claims represent the overall picture of the promotion.<\/p>\n<p>The CMA has investigated and obtained undertakings from traders deploying misleading pricing practices, e.g. use of misleading \u201cwas \u00a3x, now \u00a3y\u201d prices, drip pricing, or countdown clocks that reset after an offer has \u201cended\u201d. These practices are known as \u201cdark patterns\u201d (or online choice architecture). Although the UK does not have specific laws prohibiting dark patterns, the rules in the Digital Markets, Competition and Consumers Act ban these practices, and are considered sufficient to deal with such pricing issues.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are misleading environmental claims regulated in your market? Are there special rules or is there special guidance relating to environmental claims in your market? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The ASA and CMA have been particularly focused on misleading environmental claims in recent years.<\/p>\n<p>Section 9 of the BCAP Code and section 11 of the CAP Code apply specifically to environmental claims by advertisers as well as the general rules regarding misleading advertising.\u00a0 In addition, the ASA and CMA have issued wide-ranging guidance about environmental claims.<\/p>\n<p>Environmental claims should be clear and must be supported by a high level of substantiation, taking the whole lifecycle of a product into consideration. The meaning of all terms used should be clear to consumers and marketing communications should not present their claims as universally accepted if there is a significant division of informed or scientific opinion. Absolute terms, such as \u201ceco-friendly\u201d or \u201czero omissions\u201d, require particularly robust substantiation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main sectors or product types where advertisements are either prohibited or tightly restricted (e.g. alcohol, tobacco\/smoking, gambling, crypto, unhealthy food and drink). Please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Several sectors are strictly regulated, including medicine and pharmaceuticals, alcohol, gambling, automotives, and any advertising targeting children. The following are prohibited:<\/p>\n<ul style=\"padding-left: 0\">\n<li>Ads for medical products implying if professional advice or recommendation.<\/li>\n<li>Ads encouraging children to use \u2018pester power\u2019 to encourage parents or guardians to engage.<\/li>\n<li>Placing ads for certain restricted sectors (i.e. foods high in fats, salt and sugar (HFSS) or alcohol) near schools.<\/li>\n<li>Ads linking alcohol to confidence and\/or sexual success, or including actors who appear to be under 25 years old.<\/li>\n<li>Ads presenting gambling as a solution for financial problems.<\/li>\n<li>Ads for vehicles showing reckless driving or excessive speed.<\/li>\n<\/ul>\n<p>It is illegal to advertise these products at all:<\/p>\n<ul style=\"padding-left: 0\">\n<li>tobacco products;<\/li>\n<li>guns and offensive weapons;<\/li>\n<li>prostitution services; and<\/li>\n<li>pyramid selling schemes.<\/li>\n<\/ul>\n<p>As well as this, product placement is prohibited in news programmes, children\u2019s programmes, religious programmes, and current affairs programmes. Lawful product placement must be marked by the \u201cP\u201d logo, which must feature for three seconds at the start and end of programmes and after any ad breaks.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there special protections for children? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Laws and CAP and BCAP rules require that advertising which either features or directly targets children must not feature anything that may cause physical, mental or moral harm.<\/p>\n<p>As well as the sector-specific rules around gaming, alcohol and unhealthy food, advertising targeting children cannot include sexualized imagery, age restricted products and gambling, unfair pressure or encouragement of \u2018pester power\u2019, or promotions.<\/p>\n<p>Although it is not an explicit requirement under the CAP and BCAP Codes, many outdoor media owners apply a \u2018100 metre rule\u2019, meaning certain ads, for example those that are sexually suggestive, or those that promote HFSS products or age-restricted products must not appear within 100 metres of a school boundary.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there particular rules or restrictions relating to unhealthy food and drink, such as \u2018junk food\u2019? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The promotion of foods high in fat, salt and sugar (HFSS) is currently governed by Section 15 of the CAP and BCAP Codes.<\/p>\n<p>Ads for HFSS products are subject to media placement restrictions; in particular, ads for HFSS products are not permitted to feature in media directed at under-16s, or where under-16s make up more than 25% of the audience. There are also rules about where HFSS products can be displayed in \u2018bricks and mortar\u2019 stores and in online retail (e.g, not on aisles or by tills, or on homepages).<\/p>\n<p>After some delays, new laws will be implemented under the Communications Act 2003, as introduced via the Health and Care Act 2022. As of 5 January 2026, ads for specific HFSS products will be restricted on television and banned in paid-for online advertising. In addition, other regulations prohibit multibuy promotions, such as \u201c3 for 2\u201d offers for such foods.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there particular rules or restrictions relating to influencer marketing? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Both the ASA and CMA expect influencers to clearly label their content as ads, and actively enforce this rule. This applies to all types of marketing content, including gifted products and brand collaborations. A \u2018clear\u2019 label is one that a consumer will understand \u2013 ideally, the influencer will use a variation of \u2018#ad\u2019, \u2018#advert\u2019, or \u2018#advertisement\u2019. The use of \u2018gifted\u2019, \u2018affiliate\u2019, \u2018collab\u2019, or simply thanking or tagging the brand, is not deemed sufficient.<\/p>\n<p>The ASA has published guidance addressed to influencers themselves, setting out the \u2018unfair commercial practices\u2019 they must avoid:<\/p>\n<ul>\n<li>failing to make it clear that a trader has paid for the promotion;<\/li>\n<li>falsely claiming or implying that they are a consumer;<\/li>\n<li>failing to identify the commercial intent behind a social media post; and<\/li>\n<li>omitting material information, such as ambassador role status.<\/li>\n<\/ul>\n<p>These rules apply if an influencer receives payment or any other incentive (money, free products, or other benefits), or if they are directly connected to a brand (e.g. they are an owner, employee, shareholder, or has another personal or commercial interest).<\/p>\n<p>The ASA has upheld complaints against individuals failing to disclose their connection with a brand, including influencer Grace Beverley (in relation to her brand TALA) and Steven Bartlett (who promoted Huel, a company he is a director of).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do influencers require a licence, permit or other official permission before they can operate in your market as advertisers\/marketers\/brand ambassadors or similar?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>While influencers must comply with the applicable laws and regulations, such as clearly labelling any ad, they do not currently require a licence or official permission.<\/p>\n<p>The Government Communication Service\u2019s guidelines for influencer marketing (November 2023) define influencer marketing as \u201cwhen brands partner with individuals who have an engaged online following\u201d. This range of individuals is broad, including social media influencers, experts, celebrities, influencers and \u201ceveryone in between\u201d.<\/p>\n<p>\u2018Normal\u2019 people are now able to garner a significant following overnight on platforms like TikTok and Instagram. For example, law graduate Sabrina Bahsoon, or \u201cTube Girl\u201d, partnered with brands such as MAC and Victoria Secret and attended Paris Fashion Week after going viral in 2023.<\/p>\n<p>At present, this opportunity remains possible for \u201ceveryone in between\u201d without the need to obtain a permit.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main or most common IP considerations advertisers should keep in mind in your market?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Advertisements must not infringe a third party\u2019s IP rights &#8211; plagiarising the creative content of other ads, using trade marks or copyrighted material without permission from the IP owner, and implying another brand\u2019s endorsement or affiliation without prior authorisation, is prohibited. \u201cTrade marks or copyrighted material\u201d may include music, artworks, and the logos of other brands (even if they only feature in the background of a shot, on clothing, or on a phone or computer screen).<\/p>\n<p>Advertisers should be particularly cautious when developing a comparative ad. Any claims must be substantiated and a competitor\u2019s trade mark may only be used to legitimately compare the goods or services.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is comparative advertising permitted in your market? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Comparative advertising (both business-to-business and business-to-consumer) is permitted in the UK, as long as advertisers satisfy the conditions in the Business Protection from Misleading Marketing Regulations 2008. Advertisers must ensure:<\/p>\n<ul style=\"padding-left: 0\">\n<li>the comparisons are not misleading;<\/li>\n<li>they only compare products which are intended for the same purpose;<\/li>\n<li>they objectively compare one or more features of the goods or services which are material and verifiable (e.g. price);<\/li>\n<li>they do not discredit or take unfair advantage of the trademarks, trade names, other distinguishing marks, goods, services, or circumstances of the competitor;<\/li>\n<li>they do not take unfair advantage of the designation of origin of the competitor; and<\/li>\n<li>the ad does not create confusion between the goods or services, trademarks or names of the advertiser and competitor.<\/li>\n<\/ul>\n<p>When creating a comparative ad, advertisers should:<\/p>\n<ul style=\"padding-left: 0\">\n<li>check the accuracy of the data and statistics used;<\/li>\n<li>make it clear as to who the other advertiser is; and<\/li>\n<li>avoid \u2018puffery\u2019 which might be perceived as taking advantage of a competitor\u2019s reputation.<\/li>\n<\/ul>\n<p>A competitor\u2019s trade mark can be used, but only to legitimately compare the two goods or services. Use beyond this can result in a claim for trade mark infringement, passing off, copyright infringement, trade libel, or defamation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there particular rules relating to \u2018image rights\u2019 in your market that advertisers should be aware of?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Individuals do not have \u2018image rights\u2019 under English law but they may be able to bring a claim for \u2018passing off\u2019 or false endorsement if their name or image is used to promote goods or services without their permission.<\/p>\n<p>If an individual\u2019s personal data is used, they may be able to claim misuse of their personal data.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there rules relating to perpetuating potentially harmful stereotypes, such as gender stereotypes, racial stereotypes, religious stereotypes, and so on in your market? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>While the CAP and BCAP Code has long warned against causing harm and offence in Section 4 (harm and offence), the ASA has commissioned reports into specific areas of concern over recent years, including negative gender stereotypes which led to new rules. In 2022, the ASA published a report on harmful racial and ethnic stereotypes. While further changes to Section 4 have yet not been made, guidance on avoiding such stereotypes was published in 2023. In 2025, it published a report about the depiction of older people in advertising but has not yet published guidance.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What has been the main impact AI has had on the advertising and marketing content and regulation in your market so far, and what impact is it likely to have in the coming year or two?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In August 2023, the ASA issued guidance stating that the CAP Code will apply regardless of how an ad is created. However, use of generative AI may lead to copyright issues \u2013 both in relation to the finished product, and the information and works used to train the AI. Even if an ad is generated entirely by AI, the obligation is on the advertiser to ensure that the ad is (i) compliant with the Code, and (ii) non-infringing of any third party IP. Advertisers should also ensure that AI doesn\u2019t create images that mislead with regards to the efficacy of a product. In May 2025, the ASA also issued guidance on disclosing if ads have used generative AI. It suggests that advertisers consider if the audience is likely to be misled if the use of AI is not disclosed; and if so, is the disclosure clarifying the ad\u2019s message or contradicting it?<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are regulators in your market currently utilising AI or new technologies in their regulatory activities in your market?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The ASA uses an AI-driven Active Ad Operating system to target irresponsible ads in high priority areas and improve reporting on compliance.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main hot topics, challenges and opportunities facing advertisers in your market (now or in the near future) from a legal\/regulatory point of view? Also, there any significant updates or changes to the law, rules, sanctions, regulators or anything else due in your market in the near future that readers should keep in mind?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Key topics which are of particular interest to regulators, or may see particular change, include:<\/p>\n<p>The CMA is particularly interested in <strong>drip pricing<\/strong> and <strong>fake reviews<\/strong> as well as more general compliance with the Digital Markets, Competition and Consumers Act 2024.<\/p>\n<p>The ASA remains particularly interested in <strong>influencers, greenwashing and misleading claims<\/strong> as well as <strong>weight loss drugs<\/strong>.<\/p>\n<p>The new rules on advertising <strong>less healthy foods<\/strong> will also have an impact from next year.<\/p>\n<p>New rules in the Data Use and Access Act 2025 will allow charities to rely on the \u201csoft opt in\u201d when sending marketing communications as well as relaxing some of the rules around cookies. However, the Act also brings fines for breaching the Privacy and Electronic Regulations 2003 in line with the GDPR so breaches of the rules on <strong>direct marketing<\/strong> will attract higher fines.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">3798<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/87762","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=87762"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}