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UK Code of Non-broadcast Advertising and Direct & Promotional Marketing is the bible for non-broadcast advertisements, direct marketing communications and sales promotions. The self-regulatory system contains three bodies: The Advertising Standards Authority (ASA), the Advertising Standards Board of Finance (ASBOF) and the Committee of Advertising Practice (CAP). The guidelines that are laid out are there to ensure the wellbeing of the consumer. These include rules such as; managing consumer anxieties, ‘Marketing communications must not cause fear or distress without justifiable reason. Marketers must not use a shocking claim or image merely to attract attention.’ (CAP,2020), minimising consumer harassment, ‘Marketers must not make persistent and unwanted marketing communications by telephone, fax, mail, email or other remote media.’ (CAP,2020) and to avoid deceiving the consumer, ‘Marketing communications must not mislead the consumer by omitting material information, by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.’ (CAP,2020). This essay has homed in on these specific laws as when applied to the online/digital advertising sector they become three of the most important to protect the consumer from harassment, fear mongering and deceit. Control over the digital world is close to impossible meaning its vital to take great care before releasing an advert into the world; One case study saw Dolce & Gobbana 2007 banned ‘gang rape’ (E-News, 2015) advert (Figure 1) resurface online in 2015 causing an immense wave of backlash and stigma for the brand. On the other hand some brands create adverts with the intention of being banned as the publicity can sometimes be far greater than the reach of the initial advert; an example of such was Iceland’s 2018 Christmas Ad which was knowingly in breach of political advertising rules dictated by the 2003 Communications Act, but in the process created a media storm and, subsequently, publicity greatly exceeding th
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