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Semester 1

Advertising, Commercial Speech and the Law (LAWS10194)







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**This course is only open to visiting students coming through a direct exchange with the School of Law (including Erasmus students on a Law-specific Exchange). Exchange students outside of Law and independent study abroad students are not eligible to enrol in this course, with no exceptions.** Please note that 3rd year Law courses are high-demand, meaning that they have a very high number of students wishing to enrol in a very limited number of spaces. These enrolments are managed strictly by the Visiting Student Office, in line with the quotas allocated by the department, and all enquiries to enrol in these courses must be made through the CAHSS Visiting Student Office. It is not appropriate for students to contact the department directly to request additional spaces. If there is sufficient space for other visiting students to enrol at the start of the semester, visiting students must have completed at least 3 Law courses at grade B or above to qualify for this course; we will only consider University/College level courses.

Course Summary

The field of advertising law is an evolving and exciting field of commercial and communications law, stimulated by the rapid development of digital and online marketing. It is estimated that advertising revenues will reach 660 billion dollars in the US this year and the various regulations designed to protect consumers and competing businesses, as well as the increasingly international nature of commercial communications, make this a challenging field of study with clear practical relevance. This course will encourage you to think about the economic and social importance of advertising and its changing nature.

Course Description

You will explore the human rights dimension to advertising law and the public interests that underpin its regulation. Both general and advertising-specific rules will be covered, with specific reference to self-regulation in the field. There will be a particular focus on digital marketing, social media and the relationship between advertising and the mass media. The indicative teaching programme will be as follows: Session One: Brief history and discussion of the different forms of commercial speech, its economic and social impact and effects. Session Two: The Legal and Regulatory Framework. This seminar will map the various sources of law that affect commercial communications and consider the advertising specific codes and regulatory bodies that operate in the field both in the UK and with reference to other domestic and international comparators. Session Three: Commercial Speech the Human Rights Framework. Is commercial speech afforded the same level of protection as political speech in domestic and international human rights charters. Once again a comparative approach will be adopted. Session Four: Identification of Advertisers and Surreptitious Advertising. Session Five: Misleading and Deceptive Advertising. Session Six: Comparative Advertising. Session Seven: Advertising Regulation in Europe: Country of Origin Regulation and the Audiovisual Media Services Directive. Session Eight: Digital marketing, data protection and behavioural advertising. Session Nine: Digital marketing and social media/games. Session Ten: Outside speaker/topical issue such as the environment, health, advertising aimed at children etc.

Assessment Information

Written Exam 80%, Coursework 10%, Practical Exam 10%

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