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1.
What are the principal statutes regulating advertising generally?
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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?
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3.
What powers do the regulators have?
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4.
What are the current major concerns of regulators?
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5.
Give brief details of any issued industry codes of practice. What are the consequences for non-compliance?
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6.
Must advertisers register or obtain a licence?
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7.
May advertisers seek advisory opinions from the regulator? Must certain advertising receive clearance before publication or broadcast?
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8.
What avenues are available for competitors to challenge advertising? What are the advantages and disadvantages of the different avenues for challenging competitors’ advertising?
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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?
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10.
Which party bears the burden of proof?
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11.
What remedies may the courts or other adjudicators grant?
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12.
How long do proceedings normally take from start to conclusion?
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13.
How much do such proceedings typically cost? Are costs and legal fees recoverable?
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14.
What appeals are available from the decision of a court or other adjudicating body?
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15.
How is editorial content differentiated from advertising?
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16.
How does your law distinguish between ‘puffery’ and advertising claims that require support?
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17.
What are the general rules regarding misleading advertising? Must all material information be disclosed? Are disclaimers and footnotes permissible?
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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?
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19.
Are there specific requirements for advertising claims based on the results of surveys?
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20.
What are the rules for comparisons with competitors? Is it permissible to identify a competitor by name?
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21.
Do claims suggesting tests and studies prove a product’s superiority require higher or special degrees or types of proof?
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22.
Are there special rules for advertising depicting or demonstrating product performance?
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23.
Are there special rules for endorsements or testimonials by third parties, including statements of opinions, belief or experience?
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24.
Are there special rules for advertising guarantees?
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25.
Are there special rules for claims about a product’s impact on the environment?
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26.
Are there special rules for describing something as free or a free trial or for special price or savings claims?
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27.
Are there special rules for claiming a product is new or improved?
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28.
Are there special rules for claiming where a product is made (such as country of origin)?
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29.
What products and services may not be advertised?
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30.
Are certain advertising methods prohibited?
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31.
What are the rules for advertising as regards minors and their protection?
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32.
Are there special rules for advertising credit or financial products?
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33.
Are there special rules for claims made about therapeutic goods and services?
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34.
Are there special rules for claims about foodstuffs regarding health and nutrition, and weight control?
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35.
What are the rules for advertising alcoholic beverages?
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36.
What are the rules for advertising tobacco products?
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37.
Are there special rules for advertising gambling?
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38.
What are the rules for advertising lotteries?
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39.
What are the requirements for advertising and offering promotional contests?
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40.
Are there any restrictions on indirect marketing, such as commercial sponsorship of programmes and product placement?
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41.
Briefly give details of any other notable special advertising regimes.
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42.
Are there any rules particular to your jurisdiction pertaining to the use of social media for advertising?
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43.
Have there been notable instances of advertisers being criticised for their use of social media?
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44.
Are there regulations governing privacy concerns when using social media?
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