Falling foul of UK advertising laws may prove dangerous for Indian businesses
The UK is home to more than 600 Indian companies and presents a profitable market for hundreds more. The State Bank of India, Jet Airways, Infosys, Tata Motors and Wockhardt have all made successful forays into the UK market in an effort to diversify their revenue streams and enlarge their global footprint. Now, even smaller players are jumping on the bandwagon. With competition tightening, advertising campaigns on billboards, television and online have become crucial for profit generation and product or service differentiation. As the pressure to deliver creative promotional campaigns intensifies, what should Indian businesses do to ensure they are compliant with legal and regulatory laws that govern advertising in the UK?
Advertising in the UK is regulated by several authorities, of which the Advertising Standards Authority (ASA) is the most prominent. Although there are general laws in place to regulate advertising, there is no single code or law that sets out the relevant restrictions or rules. As a result, navigating the complicated legal framework in the UK requires specialized domestic legal input.
The topics covered below aim to outline the key legal considerations for Indian businesses keen to advertise in the UK. These rules apply to Indian and other overseas businesses, regardless of whether they have a presence in the UK. Familiarity with these laws will help such companies save time and expenses while also avoiding the risks of inviting damaging legal action or even criminal charges, when drawing up promotional strategies for British audiences.
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Omleen Ajimal and Charles Lloyd are partners at Taylor Wessing in London. Ajimal is head of the India practice and Lloyd is head of the advertising group. They can be contacted at o.ajimal@taylorwessing.com and c.lloyd@taylorwessing.com. This article is intended purely as a summary of the key issues relating to advertising. Timely advice should be sought on the facts of any particular advert or promotion, on the detail of the law and the regulation that will apply to it.
