ISBA Warns Of Long Term Dangers In Injunctions Directive Implementation
ISBA has expressed its concern over plans by the UK government to implement the EU Injunctions Directive, believing it could undermine the long term prospects for self-regulation of the advertising industry and potentially cost advertisers millions of pounds.
Ian Twinn, ISBA director of public affairs explained: “If a future Government decided to empower other organisations to take out injunctions, it could mean advertisers being faced with having to withdraw millions of pounds worth of advertising campaigns at the whim of a private organisation which decides- for whatever reason- to seek an injunction. The case would not even have to be upheld at a subsequent court hearing for the whole process to cost the advertiser dearly, because the campaign would have to be suspended pending a full hearing.”
The legislation in question could allow private organisations to take out injunctions to halt advertising campaigns. Not only could this prove costly for advertisers, but it would effectively bypass the ASA by going directly to the courts, undermining, says ISBA, advertising self-regulation.
Last year, ISBA and the Advertising Association asked the government for a clear statement that when the directive was implemented, powers would not be given to bodies other than the OFT to seek such injunctions. It appeared at the time that the government would apply this light touch approach.
ISBA’s current concern is that the draft orders for the directive are being rushed through Parliament before the General Election. Once these have gone through, any future minister or director general of Fair Trading would be able to change policy to allow private organisations to take out injunctions without returning to parliament.
Twinn continues, “We understand that the intentions of the present government and the director general of Fair Trading are not to use the draft orders to undermine the self-regulatory system. However, we are concerned because the orders leave the door open for future governments with different attitudes to give powers to seek injunctions to any number of bodies.”
It is too late to stop the draft orders going through parliament, but ISBA is calling for a government statement to be made within parliament that the intention of the draft order is not to undermine the self-regulatory system. Such a statement, if officially recorded, could then be used in future debates on the subject.
020 7499 7502 www.isba.org.uk
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