LEGAL, ETHICAL &

CONSTRAINTS FOR
ADVERTISMENT
Different Regulations that affect advertising
Consumers
The Consumer Protection from Unfair Trading Regulations mean you cant mislead or
harass consumers by, for example:

including false or deceptive messages

leaving out important information
using aggressive sales techniques

Businesses
Advertising to businesses is covered by the Business Protection from Misleading
Marketing Regulations. As well as being accurate and honest, you must not make
misleading comparisons with competitors, that includes:

using a competitors logo or trademark, or something very similar

comparing your product with a competitors product thats not the same

Requirements for specific products

There are also specific requirements that apply to certain sectors, such as:

Food
Alcohol
beauty products
environmentally friendly products
medicines
tobacco

For example, you can only claim your drink is low in alcohol if it contains between
0.5% and 1.2% alcohol by volume.

Advertising codes of practice

Both of these codes cover a variety of promotional communications, depending on
where the advertisement will appear.

Non-broadcast media
The CAP non-broadcast code has rules that cover non-broadcast advertising (eg
print, online), sales promotion and direct marketing (eg telesales and email).
The code specifies standards for accuracy and honesty that businesses must stick to,
including specific conditions, eg:

advertising to children
causing offence
political advertising

Broadcast media
You must follow the CAP broadcast code, which covers issues including taste,
decency and product placement.
As well as setting standards about accuracy and honesty businesses must stick to,
they also have rules about things like scheduling.
General broadcasting rules
You also need to follow rules about taste, decency, product placement etc that apply
to all broadcasting.

Prices
Your adverts must describe the actual cost accurately, including any ongoing or
associated costs (eg subscription fees) and taxes (eg VAT)
An example of this: A customer pays 50 a product, without being told the price
doesnt include VAT. This was not explained in the advert, so the advert is
misleading.

Legal Considerations
Copyright Laws: Originated from the United Kingdom as a concept of common
law. The current act is called the Copyright, Designs and Patent Act 1988. The rights
that are covered within the law are broadcasting and public performance, adapting,
copying, issuing, renting and lending copies to the public. The law also gives the
Creators of literary, musical, sound recordings, artist work, dramatic, films,
broadcasts and typographical arrangement of published editions and the rights to
control the way that their material is used. In some cases, the creator will also have
the right to be identified for their work.
Along with the main copyrights there are also different sub-category for the different
types of work that are done:
Dramatic- plays, dance etc.

 Literary- manuscripts, manuals, song lyrics, commercial documents, computer

programs, leaflets, articles & newsletters etc.
Typographical arrangement of published editions- magazines etc.
Artistic- maps, logos, architecture, painting, photography, technical
drawings/diagrams.
Sound recording- this might be other copyright works e.g. literary & musical
Film- films, video footage, cable programmes and broadcasts.
I wasnt until 1992 that the rules where extended to cover literary works and include
computer programs.
More information can be found at:
https://www.copyrightservice.co.uk/copyright/p01_uk_copyright_law
With all of the laws against things that you cant do it is often hard to understand
where the laws dont apply and to make sure that you arent braking any. Acts that
are allowed:
Criticism and news reporting.
Private and research study purposes Producing a backup copy for your own
personal use
The person employed is the one who retains Copyright
With images there is always an option to used stock photos, this is where the
owner of the images has decided to let the images be freely used by the
public, however you are able to by the asset/ pay for it this does not mean
that you have bought the copyright just the right to use that image.
With software, when you purchase a package it means that you have
purchased a license to use the package legally. The purchased license is
usually only for one computer. However if you do use the same disc to upload
the same software on another computer then you will still need to buy
another license in order to use the software legally. There are some software
packages that can be bought that contain mulit-user licenses this will apply to
a certain number of users that will be able to log into a network and use the
software/ program at any one time. Once this number is met then no more
people will be able to log onto the software until someone else logs off.
Packages like these are especially useful for business and schools. Where a
large number of people may need to accesses the software at one time. It is
also more likely when people see there is multi-user license option they will be
more likely to comply with the law as it is often more expensive to buy single
license for each individual user. It also makes it easier as a copy of the
program can be loaded on to multiple computers in a particular office or
school. However the client must be made aware of the limitations.
In my project I must apply all of these considerations and also that if any of the
above are breached then they are made fully aware and kept informed.
Ethical Considerations

 You are not allowed to use an image, video or sound clip off anyone unless
you have their permission to do so beforehand (this is sometimes needed in
writing)
You are not allowed to make a verbal statement about an individual that could
be seen as abusive or harmful to their own reputation. (Slander)
You are not allowed to make a written statement about a single individual that
could be seen as abusive or harmful to their own reputation (Libel)
You are not allowed to use any part of another persons work and pass it off as
you own or the whole thing without there written permission beforehand
(Copyright Laws)
You also have to be careful in how you represent as well as describe the
characters and content in your own work as you must make sure that within
your work you are both unbiased and accurate. This applies to:
Gender (Male & Female)
Race (Black, White & Asian)
Disability (able bodied & otherwise)
Sexuality (Homosexual & Heterosexual)
Class (Working, Middle or Upper)
Nationality (British or otherwise)
Regionalism (North & South)
Age (Old & Young)
All of the above mean that you are not allowed/cannot in anyway suggest, at all that
one of these groups is inferior to another and if you do then production may not be
allowed to be seen/shown as it will be breach of this rule. There are some laws that
work alongside these rules for example The Race Relations Act.
It is essential that when I am designing and planning my project that take into
consideration all of the points that I have put above as well as ensured that all of the
acts are complied with. Most of the points that I have put above are just sensible
considerations but I will check that the client is aware of all of these points and
considers them as and when is necessary.

Before & after watershed

There are strict rules about what can be shown on TV before the 9 pm watershed.
The watershed means the time when TV programmers which might be unsuitable for
children can be broadcast. The watershed begins at 9pm and material unsuitable for
children should not, in general, be shown before 9pm or after 5.30am. Unsuitable
material can include everything from sexual content to violence, graphic or
distressing imagery and swearing. For example, the most offensive language must
not be broadcast before the watershed on TV or, on radio, when children are
particularly likely to be listening. Frequent use of offensive language must be
avoided before the watershed, and must always be justified by its context.
Unsuitable material can include everything from sexual content to violence, graphic
or distressing imagery and swearing. For example, the most offensive language must
not be broadcast before the watershed on TV or, on radio, when children are

particularly likely to be listening. Frequent use of offensive language must be

avoided before the watershed, and must always be justified by its context.

Defamation
Any intentional false communication, either written or spoken, that harms a person's
reputation; decreases the respect, regard, or confidence in which a person is held; or
induces disparaging, hostile, or disagreeable opinions or feelings against a person.

Libel
broadcast through radio, television or film, an untruth about another which will do
harm to that person or his/her reputation, by tending to bring the target into ridicule,
hatred, scorn or contempt of others. Libel is the written or broadcast form of
defamation, distinguished from slander, which is oral defamation. It is a tort (civil
wrong) making the person or entity (like a newspaper, magazine or political
organization) open to a lawsuit for damages by the person who can prove the
statement about him/her was a lie. Publication need only be to one person, but it
must be a statement which claims to be fact and is not clearly identified as an
opinion.

ASA
As the UKs independent regulator for advertising across all media, our work includes
acting on complaints and proactively checking the media to take action against
misleading, harmful or offensive advertisements, sales promotions and direct
marketing.
If we judge an ad to be in breach of the UK Advertising Codes, it must be withdrawn
or amended and the advertiser must not use the approach again. Each year we
consider over 30,000 complaints about around 20,000 ads.
What they do:
The UK advertising regulatory system is a mixture of

self-regulation for non-broadcast advertising [read more] and

co-regulation for broadcast advertising [read more].

Broadly this means that the system is paid for by the industry, which also writes the
rules, but those rules are independently enforced by the ASA. For TV and radio
advertising, we regulate under a contract from Ofcom.
The UK Advertising Codes are written by two industry committees: The Committee of
Advertising Practice writes the UK Code of Non-Broadcast Advertising, Sales
Promotion and Direct Marketing and the Broadcast Committee of Advertising Practice
(BCAP) writes the UK Code of Broadcast Advertising.

The system is a sign of a considerable commitment by the advertising industry to

uphold standards in their profession. All parts of the advertising industry
advertisers, agencies and media have come together to commit to being legal,
decent, honest and truthful in their ads.

Confidentiality
The law says about confidentiality A duty of confidence arises when confidential
information comes to the knowledge of a personin circumstances where he has
notice, or is held to have agreed, that the information is confidential
All identifiable patient information, whether written, computerised, visually or audio
recorded or simply held in the memory of health professionals is subject to the duty
of confidentiality. This includes:

Any clinical information about an individuals diagnosis or treatment

A picture, photograph, video, audiotape or other image of the patient
Who the patients doctor is and what clinics he or she has attended
Anything else that, directly or indirectly, might lead to identifying the patient

Privacy
In Constitutional Law, the right of people to make personal decisions regarding
intimate matters; under the Common Law, the right of people to lead their lives in a
manner that is reasonably secluded from public scrutiny, whether such scrutiny
comes from a neighbours prying eyes, an investigator's eavesdropping ears, or a
news photographer's intrusive camera; and in statutory law, the right of people to be
free from unwarranted drug testing and Electronic Surveillance .