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  • 1.

    What are the principal statutes regulating advertising generally?

  • 2.

    Which bodies are primarily responsible for issuing advertising regulations and enforcing rules on advertising? How is the issue of concurrent jurisdiction among regulators with responsibility for advertising handled?

  • 3.

    What powers do the regulators have?

  • 4.

    What are the current major concerns of regulators?

  • 5.

    Give brief details of any issued industry codes of practice. What are the consequences for non-compliance?

  • 6.

    Must advertisers register or obtain a licence?

  • 7.

    May advertisers seek advisory opinions from the regulator? Must certain advertising receive clearance before publication or broadcast?

  • 8.

    What avenues are available for competitors to challenge advertising? What are the advantages and disadvantages of the different avenues for challenging competitors’ advertising?

  • 9.

    How may members of the public or consumer associations challenge advertising? Who has standing to bring a civil action or start a regulatory proceeding? On what grounds?

  • 10.

    Which party bears the burden of proof?

  • 11.

    What remedies may the courts or other adjudicators grant?

  • 12.

    How long do proceedings normally take from start to conclusion?

  • 13.

    How much do such proceedings typically cost? Are costs and legal fees recoverable?

  • 14.

    What appeals are available from the decision of a court or other adjudicating body?

  • 15.

    How is editorial content differentiated from advertising?

  • 16.

    How does your law distinguish between ‘puffery’ and advertising claims that require support?

  • 17.

    What are the general rules regarding misleading advertising? Must all material information be disclosed? Are disclaimers and footnotes permissible?

  • 18.

    Must an advertiser have proof of the claims it makes in advertising before publishing? Are there recognised standards for the type of proof necessary to substantiate claims?

  • 19.

    Are there specific requirements for advertising claims based on the results of surveys?

  • 20.

    What are the rules for comparisons with competitors? Is it permissible to identify a competitor by name?

  • 21.

    Do claims suggesting tests and studies prove a product’s superiority require higher or special degrees or types of proof?

  • 22.

    Are there special rules for advertising depicting or demonstrating product performance?

  • 23.

    Are there special rules for endorsements or testimonials by third parties, including statements of opinions, belief or experience?

  • 24.

    Are there special rules for advertising guarantees?

  • 25.

    Are there special rules for claims about a product’s impact on the environment?

  • 26.

    Are there special rules for describing something as free or a free trial or for special price or savings claims?

  • 27.

    Are there special rules for claiming a product is new or improved?

  • 28.

    Are there special rules for claiming where a product is made (such as country of origin)?

  • 29.

    What products and services may not be advertised?

  • 30.

    Are certain advertising methods prohibited?

  • 31.

    What are the rules for advertising as regards minors and their protection?

  • 32.

    Are there special rules for advertising credit or financial products?

  • 33.

    Are there special rules for claims made about therapeutic goods and services?

  • 34.

    Are there special rules for claims about foodstuffs regarding health and nutrition, and weight control?

  • 35.

    What are the rules for advertising alcoholic beverages?

  • 36.

    What are the rules for advertising tobacco products?

  • 37.

    Are there special rules for advertising gambling?

  • 38.

    What are the rules for advertising lotteries?

  • 39.

    What are the requirements for advertising and offering promotional contests?

  • 40.

    Are there any restrictions on indirect marketing, such as commercial sponsorship of programmes and product placement?

  • 41.

    Briefly give details of any other notable special advertising regimes.

  • 42.

    Are there any rules particular to your jurisdiction pertaining to the use of social media for advertising?

  • 43.

    Have there been notable instances of advertisers being criticised for their use of social media?

  • 44.

    Are there regulations governing privacy concerns when using social media?

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