The law has not kept pace with changes in internet advertising. Some nations have developed specific laws relating to internet advertising. Others have lagged behind.
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November 13, 2011
By Rajeev Sachdev,
B.Comm, BAS(Hons), LLB(Hons), MBA
Lawyer /Attorney at Law (California, USA)
GLOBAL INTERNET ADVERTISING LAW CHANGES
The law has not kept pace with changes in internet advertising.
Some nations have developed specific laws relating to internet advertising. Others have
lagged behind. Some have strict regulatory schemes and others have self regulation. In some countries, bodies have been set up to regulate internet advertising and in others, a liberal approach has been adopted.
Different authors, consumer groups, governments and online businesses have differing views towards Internet Advertising Law. Some promote heavy regulation, others self regulation and yet others hold to middle ground. There is a wide difference in regulation across various jurisdictions.
No one way will resolve the current problems in internet advertising law today. In the US, there is largely a Federal enforcement approach by the FTC coupled with limited State laws on the issues. In Canada, a self regulatory scheme by Advertising Standards Canada co-exists with, likewise limited provincial/territorial laws. In the UK, like Canada, there is a self regulatory scheme by the Advertising Standards Authority coupled with EU Member initiatives to comply with the relevant EU Directives. Finally, in India, there is self regulation along with several pieces of relevant legislation, though a major enforcement problem exists. There is a balance that needs to be achieved between the need for consumer protection and the need for businesses to be able to market themselves.
Online behavioral advertising is also a hot topic in internet law. California recently introduced Bill SB761 that imposes a do not track scheme for online data. However, consumer groups argue that self regulation is the way to go, and not such a scheme. The European Parliament, in Resolution 2010/2052 INI, takes a step to discourage behavioral advertising and brings consent issues to the forefront of internet advertising. In the Netherlands, a new law was passed requiring prior consent for internet users.
Many argue that the law has not kept up with the technology, and this is plausible in that the technology keeps changing. Many businesses are left to find their fate at the doorstep of the Courthouse in a realm of uncertainty rather than be guided by pre enacted legislation. Conversely, others argue that hasty steps are being taken by lawmakers which can have far reaching negative impact.
©2011 Rajeev Sachdev
Please note: None of the information presented is legal advice and must not be used as such. This is information of general nature only. Laws continue to change. Please consult a competent licensed lawyer local to your jurisdiction to learn how any laws can impact your position or situation.
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