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Advertising Law and Regulation

Soontae An


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The role of →  advertising as a pervasive communication continues to expand around the world. In response, many societies face greater challenges in regulating advertising in a manner that shields the public from deceptive and unfair conduct. Many legal sources regulate advertising practices, and the legislative rationale for curbing this unique type of speech has been vigorously debated. Given that all the laws must be consistent with the principles of freedom of speech (→  Freedom of Communication ; Freedom of the Press, Concept of ), how to define commercial speech and the amount of constitutional protection it should be afforded are key issues among scholars and legal professionals. Although the scope of advertising law and regulations varies from country to country, regulation is generally manifested as self-regulation by the industry and statutory regulation by various government bodies. In many countries, self-regulation – voluntary, industry-wide control by advertisers – complements legal regulatory systems. Its great flexibility and adaptability offer realistic solutions in rapidly changing marketing environments. Hybrid forms have replaced the most basic form of self-regulation by the industry. Consumer representatives, as in the Netherlands and Canada, or public members, as in Italy, the United Kingdom, and the United States, participate to develop and enforce industry ... log in or subscribe to read full text

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