Staying Legal

Abstract

Focuses mainly on the self-regulation of multimedia and the Internet, particularly where advertising is concerned, touching on issues associated with liability for content, discrimination and computer misuse and some of the difficult jurisdictional issues surrounding advertising on the Internet. Considers the situation from the perspective of English law and regulation, but also covers relevant voluntary codes of practice from bodies such as the International Chamber of Commerce (ICC). Raises the question of Internet activity from the point of view of where a transaction takes place and its relevance due to the fact that this determines the regulatory and legal systems to which a party or transaction is subject. In addition, primary new regulatory problems include: the ease with which the Internet can be used for cross-border transactions involving UK consumers having access to UK or overseas product or service providers; the ease with which overseas product providers can set up a Web site and access prospective customers worldwide; the increased use of electronic documents to carry out investment transactions; the use of electronic payment systems (raising issues of security of payments over the Internet); concerns regarding the security of unencrypted messages sent over the Internet; and whether “health warnings” required or recommended by relevant laws, regulations and codes can be sidestepped. Further aspects of Internet law/regulation include: intelligent agents; general regulation of advertising in the UK (review of UK advertising regulation, adverse publicity, refusal of advertising space, legal proceedings); and the British Codes of Advertising and Sales Promotion (BCASP).