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 tracey

“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.”

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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.”

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Sports Law Bulletin from Blackstone Chambers, 5th November 2013

Source: www.sportslawbulletin.org

Cookie-replacement tracking technology would be subject to same ‘cookie law’ rules, says ICO – OUT-LAW.com

Posted November 5th, 2013 in advertising, consent, data protection, internet, news, privacy by sally

“Businesses that track internet users’ behaviour in order to serve them with personalised content, such as adverts, using technology that will replace ‘cookies’ will still be subject to UK privacy laws, the Information Commissioner’s Office (ICO) has said.”

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OUT-LAW.com, 4th November 2013

Source: www.out-law.com

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.”

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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

“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’.”

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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.”

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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.”

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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’.”

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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 tracey

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

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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.”

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BBC News, 9th October 2013

Source: www.bbc.co.uk

Home Office ‘go home’ vans banned over misleading figures – The Guardian

“The Home Office’s ‘go home’ poster vans targeting illegal immigrants have been banned by the Advertising Standards Authority for quoting misleading arrest statistics.”

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The Guardian, 9th October 2013

Source: www.guardian.co.uk

Payday lenders: FCA proposes tougher controls on adverts and rollovers – The Guardian

“Payday lenders will be forced to make tougher affordability checks under a crackdown by the City regulator that could stop borrowers being given loans within minutes of applying.”

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The Guardian, 3rd October 2013

Source: www.guardian.co.uk

Notification of PECR security breaches – Information Commissioner’s Office

Posted September 27th, 2013 in advertising, data protection, EC law, electronic mail, privacy, reports by tracey

“Privacy and Electronic Communications Regulations – guide”

Full guide

Information Commissioner’s Office, 26th September 2013

Source: www.ico.org.uk

CHS Tour Services GmbH v Team4 Travel GmbH – WLR Daily

CHS Tour Services GmbH v Team4 Travel GmbH (Case C-435/11); [2013] WLR (D) 355

“If a commercial practice satisfied all the criteria set out in article 6(1) of Parliament and Council Directive 2005/29/EC (‘the Unfair Commercial Practices Directive’) for being categorised as a misleading practice in relation to the consumer, it was not necessary to determine whether such a practice was also contrary to the requirements of professional diligence as referred to in article 5(2)(a) of the Directive in order for it legitimately to be regarded as unfair and, therefore, prohibited in accordance with article 5(1).”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk

Website’s driving test claims banned by ASA – Daily Telegraph

Posted September 19th, 2013 in advertising, driving licences, misrepresentation, news by sally

“A driving theory test advert that claimed a charge of £31 but levied nearly £50 has been banned. It follows a move to block adverts from websites that charge for the traveller EHIC card, which is free from the NHS.”

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Daily Telegraph, 18th September 2013

Source: www.telegraph.co.uk

ASA ruling offers ‘helpful clarification’ on user generated content and CAP Code compliance, says expert – OUT-LAW.com

Posted September 17th, 2013 in advertising, codes of practice, complaints, internet, news by sally

“Online advertisers do not have to hold evidence to show that user comments can be substantiated and that they comply with UK advertising rules where the comments have not been “adopted and incorporated” into marketing material, the Advertising Standards Authority (ASA) has confirmed.”

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OUT-LAW.com, 16th September 2013

Source: www.out-law.com

ASA rejects complaints from unhappy client unable to post negative review on ratings website – Legal Futures

Posted September 13th, 2013 in advertising, complaints, law firms, news by tracey

“The Advertising Standards Authority (ASA) has rejected complaints that positive online reviews for a law firm were fake and that the website hosting them would not accept negative reviews.”

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Legal Futures, 13th September 2013

Source: www.legalfutures.co.uk

Direct marketing via email to consumers requires ‘extremely clear and specific’ consent, says ICO – OUT-LAW.com

“Organisations need to obtain ‘extremely clear and specific’ consent from individuals in order to conduct direct marketing via email to them or through any other form of electronic marketing message, according to new guidelines.”

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OUT-LAW.com, 10th September 2013

Source: www.out-law.com

ASA dismisses complaints against Law Society’s anti-insurer advertising campaign – Litigation Futures

Posted August 29th, 2013 in advertising, complaints, insurance, Law Society, news by sally

“The Advertising Standards Authority (ASA) has dismissed complaints made about the Law Society’s ‘Don’t get mugged by an insurer’ campaign without an investigation.”

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Litigation Futures, 28th August 2013

Source: www.litigationfutures.com

Advertising body drops investigation into Marmite ad – Daily Telegraph

Posted August 22nd, 2013 in advertising, animal cruelty, complaints, food, news by sally

“A Marmite advertising campaign attacked by critics for trivialising the work of animal welfare agencies has been cleared by the Advertising Standards Authority.”

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Daily Telegraph, 21st August 2013

Source: www.telegraph.co.uk