Publication
Government Investigations in Singapore 2025
We have contributed the Singapore chapter of Getting the Deal Through, Government Investigations 2025.
United Kingdom | Publication | November 2023
The UK’s Advertising Standards Authority (ASA) has published an update to its advertising guidance on misleading environmental claims and social responsibility (the Guidance). The updated Guidance aims to identify factors that make environmental claims in advertisements more likely or less likely to comply with the UK Code of Non-broadcast Advertising and UK Code of Broadcast Advertising (the Codes).
The Guidance affects both non-broadcast marketing communications in the UK (including online, on social media, in print and on posters) and broadcast marketing communications (such as on radio and television services).
The Guidance reflects the Competition and Markets Authority’s Green Claims Code, a guide to help businesses understand how to communicate their green credentials (as discussed in our previous article: Climate greenwashing liability). It also draws on principles established by the recent rulings by the ASA involving advertisers breaching the Codes by making positive environmental claims that exaggerate the business’s environmental credentials.
The Guidance contains a new section 3.1 entitled “Claims about initiatives designed to reduce environmental impact”, which illustrates how each rule in the Codes governing environmental claims may be applied.
Key updates
The Guidance presents the following ten key updates:
The rules are enforced by the ASA and if an advertisement breaks the rules, it may be withdrawn. If the ASA ruling is not followed, there are numerous sanctions it can deploy, depending on circumstances such as the media type being used to deliver the advertisement. As well as reputational damage, non-compliance can also result in prosecution and the ASA can refer the company to other statutory enforcement bodies for the further action. Prosecution can result in criminal liability, and the Trading Standards can impose unlimited fines, imprisonment, confiscation of financial assets, and suspension or revocation of a broadcasting licence. Ofcom can also impose fines, within its Regulatory Enforcement Guidelines, and withdraw a licence to broadcast.
The Guidance acknowledges the importance of advertising in facilitating the transition to more sustainable consumer behaviour and business practice. The ASA’s stricter interpretation under the Codes and severe penalties for failure to comply will be important for meeting the UK’s binding net zero targets.
If you would like any further information about the advertising rules and how they may affect your business, please contact the Environment, Safety & Planning team.
With thanks to Dani Bass for her contributions.
Publication
We have contributed the Singapore chapter of Getting the Deal Through, Government Investigations 2025.
Publication
The private credit market and direct lending have grown and diversified immensely in the past decade, offering alternative sources and terms of debt compared to those historically provided by the syndicated leveraged loan and public issuance markets. Consequently, they are fast becoming pivotal components in the capital ecosystem, so much so that the Bank of England consider that the private credit market is currently responsible for approximately $1.8 trillion of debt issuance, which is four times its size in 2015. This growth has been particularly pronounced in Europe and the US but there has also been significant activity in Asia.
Publication
The EU’s Artificial Intelligence Regulation, commonly referred to as the AI Act, is expected to come into force during the summer of 2024 (the AI Act). The AI Act will be the first comprehensive legal framework for the use and development of artificial intelligence (AI), and is intended to ensure that AI systems developed and used in the EU are safe, transparent, traceable, non-discriminatory and environmentally friendly.
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2023