17 December 2009
Response to the Strategic Review of Gambling Policy, Practice and Law by the Department for Social Development in Northern Ireland
The Advertising Association recommends in this response that DSDNI repeal the Statutory Instrument that governs gambling activity in the territory and seek amendment by the Westminster Government of the Gambling Act 2005 so as to extend its provisions to Northern Ireland, thereby permitting promotional activities that are currently prohibited there. An alternative, albeit sub-optimal approach, but one which achieves the same objectives is also proposed, in the event that adoption of the 2005 Act in its entirety is, for whatever reason, not regarded as possible.
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30 November 2009
Response of the Advertising Association to the FSA consultation “Regulating sale and rent back – the full regime”
The response establishes the support of the Advertising Association for the continuance of the existing FSA financial promotions regime for sale and rent back agreements to apply, rather than for additional requirements being brought to bear on advertisements for such products. Having set out its analysis of each of the new (or amended) rules being proposed, the Advertising Association suggests alternative approaches where appropriate. In particular, the principled opposition of the advertising sector to the incorporation of mandatory information in advertisements is registered and proposals made as to how the introduction of the risk warning being considered by the FSA might, if retained post-consultation, be rendered more proportionate.
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16 November 2009
AA response to NICE Guidance on Cardiovascular disease
The Advertising Association response to NICE Draft Guidance on Cardiovascular disease. The sumbission relates to Recommendations 2, 10 and 11.
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10 November 2009
AA Response to NICE Guidance on Alcohol-use disorders
The Advertising Association response to NICE Draft Guidance on Alcohol-use disorders. The AA submission addresses Recommendation 3, on marketing.
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23 October 2009
Response to Office of Fair Trading consultation on its draft irresponsible lending guidance
Highlights the degree to which the draft guidance, which contains references to advertising, simply reflects requirements already provided for in the Consumer Protection from Unfair Trading Regulations 2008, which are themselves reflected in the Committee of Advertising Practice and Broadcast Committee of Advertising Practice Codes. In the interests of regulatory simplicity, the case is also made for those elements of the draft guidance relating to the relative prominence of information in consumer credit advertisements, where legal requirements already apply, to be abandoned.
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07 September 2009
Submission to the House of Lords Select Committee on the Merits of Statutory Instruments regarding The Glasgow Commonwealth Games Act 2008 (Games Association Right) Order 2009
Reiterates the principled opposition of the Advertising Association to the creation of this new intellectual property right, arguing that the existing body of law is already capable of deterring ambush marketing of the type the Order is intended to address. In order to render the measure more proportionate, the Advertising Association also proposes that the duration of the intellectual property right be cut from 60 months to 47 months.
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07 August 2009
Response to the Department for Transport consultation on tyre labelling
Sets out the concerns of the advertising industry in respect of how the term ‘technical promotional literature’ is defined in proposed European legislation, which, if adopted, will introduce labelling requirements for tyres.
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22 July 2009
Response to the Gambling Commission consultation on its Statement of Principles for Licensing and Regulation
In this response the Advertising Association proposes that those provisions relating to advertising within the existing SPLR be updated to reflect the successful working relationship the Gambling Commission has enjoyed with the Committee of Advertising Practice and Broadcast Committee of Advertising Practice since September 2007. It is also argued that the SPLR should better reflect the role of CAP and BCAP in ensuring that consumers are not misled by gambling advertisements.
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17 June 2009
Response of the Advertising Association to the Department for Business, Innovation & Skills “Consultation on proposals for implementing the Consumer Credit Directive”
In this response the Advertising Association makes the case to DBIS for implementing those requirements contained within the Consumer Credit Directive relating to advertising in such a way as to minimize the detrimental impact the European legislation appears likely to have on media owners. The Advertising Association also makes the case to de-regulate a number of those requirements contained within the exiting Consumer Credit (Advertisements) Regulations 2004 (as amended) over which the UK Government retains discretion in order to off-set the anticipated detrimental impact of implementing the CCD, whilst retaining the high degree of protection that consumers deserve.
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07 May 2009
Response of the Advertising Association to the Financial Services Authority consultation “Regulating sale and rent back: an interim regime”
Establishes the support of the Advertising Association for the creation by the FSA of a bespoke regulatory regime for the sale and rent back sector and sets out its view that the rules for financial promotions being proposed by the Authority for the interim regime are proportionate. The Advertising Association also takes the opportunity in this response to argue that the FSA should not propose an expansion of those financial promotion rules in any consultation it conducts ahead of the creation of a full regulatory regime for the sale and rent back sector (currently scheduled to come into being during the second quarter of 2010).
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06 May 2009
Response of the Advertising Association to the HM Treasury consultation on regulating the sale and rent back market
Sets out why the Advertising Association considers that the proposal by Government that the sale and rent back market be regulated by the Financial Services Authority under the Financial Services and Markets Act 2000 is justified - with advertisements for such arrangements being treated as financial promotions being the logical corollary of such an approach. The Advertising Association also takes the opportunity, however, to identify those disadvantages from a consumer perspective that might be anticipated with responsibility for regulating the technical aspects of advertisements for sale and rent back agreements passing from the Advertising Standards Authority to the FSA.
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27 April 2009
Response of the Advertising Association to the Intellectual Property Office consultation “Summary of Section 104 Order: Glasgow Commonwealth Games 2014 – Ambush Marketing”
In this response the Advertising Association sets out its principled opposition to the creation of a statutory association right around the Commonwealth Games to be held in Glasgow in 2014 aimed at deterring ambush marketers, as proposed by the Intellectual Property Office, given the anticipated detrimental impact on the whole of the legitimate advertising sector in the UK. The Advertising Association goes on to comment on the proposed content of any association right to be issued under Section 104 of the Scotland Act 1998, as outlined by the IPO, as well as those provisions (such as the duration of any such measure) on which the Office might have been expected to provide detail but has not.
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09 April 2009
Response of the Advertising Association to the Financial Services Authority consultation on Financial Services Compensation Scheme Reform: Fast payout for depositors and raising consumer awareness
In this response the Advertising Association endorses the decision by the Financial Services Authority to fund an advertising campaign aimed at raising awareness amongst consumers about the Financial Services Compensation Scheme. The Advertising Association goes on to makes recommendations in respect of the branding, timing, content and tone of any such campaign, based on the results of the market research commissioned by the Financial Services Authority, before making observations in respect of the range of advertising media channels it is proposed be used.
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23 March 2009
Submission to the Health Select Committee Inquiry into Alcohol
The Advertising Association welcomes the opportunity to provide evidence to the Health Select Committee inquiry on alcohol. Although many people enjoy alcohol responsibly, the Advertising Association recognizes public concern about some problem drinking behaviour.
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20 March 2009
Response of the Advertising Association to the Department for Communities & Local Government consultation on its Code of Recommended Practice on Local Authority Publicity
In this response, the Advertising Association calls for the current media-neutral approach towards assessing cost-efficiency in the selection of channels for reaching audiences to be maintained, whilst requesting that the transparency of expenditure on publicity be rendered even more so for the benefit of third parties. A recommendation is also made that the Publicity Code should contain references to the advertising codes that are overseen by the Advertising Standards Authority.
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12 March 2009
Response of the Advertising Association to the Office of Fair Trading consultation on compliance partners and ‘established means’ (12/03/09)
The key argument advanced in this response is that if the OFT bestows ‘established means’ status on bodies other than the Advertising Standards Authority and PhonepayPlus, it should seek to minimise the risk of this important and proven alternative to direct statutory regulation being devalued as consequence of any expansion in its use.
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24 February 2009
Response of the Advertising Association to the Financial Services Authority Consultation Paper “Regulating retail banking conduct of business” (24/02/09)
Mounts a defence of effective self-regulation in light of the likely replacement of the self-regulatory Banking Code Standards Board system with direct regulation by the Financial Services Authority in respect of deposit-taking activities by retail banks, including any financial promotions conducted by them. The response concludes by arguing that any decision to abandon self-regulation in this field should not foreclose the possibility of the FSA considering self-regulatory solutions in the financial services field, or elements thereof, in the future.
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13 February 2009
Response of the Advertising Association to BERR consultation on the EU Draft Directive on Consumer Rights (13/02/09)
The Advertising Association supports the bringing together of consumer contract law across Europe to give traders and consumers greater certainty and increased confidence, so facilitating trading of goods across borders. But this must not result in unnecessary administrative burdens, particularly for small businesses.
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12 February 2009
Response of the Advertising Association to the Better Regulation Executive’s consultative exercise “Extending the scope of application of the Regulators’ Compliance Code and the Principles of Good Regulation” (12/02/09)
Sets out the support of the Advertising Association on proposals to extend the application of the Regulators’ Compliance Code and the principles of better regulation to those reserved functions that are exercised by the devolved administrations in Scotland, Northern Ireland and Wales on the basis that this will improve regulatory consistency in areas of advertising regulation enforced directly by local trading standards authorities. The Advertising Association also highlights that the Medicines & Healthcare products Regulatory Agency, the Vehicle Certification Agency and the Veterinary Medicines Directorate should all be cited in the Statutory Instrument that requires named statutory regulators to abide by better regulation principles.
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