Paper 3 EAK g harm - D BR dvertisin A

Indeed, in the absence of advertising, the consumer would inevitably remain ignorant, not only of many of the features of specific products, but also (and perhaps even more significantly) of the range of products that are available. [...] Implicitly, they thereby deny the capacity of the individual to make a reasonable evaluation of the relevant risks on the basis of the information that unrestricted expression would make available. [...] In the Missguided case, Clearcast told the ASA that because the ad was promoting a swimwear range, the body of the models would always be exposed and while some of the poses did have a sexual tone, they did not consider them to be overly sexualised. [...] A report by the Electoral Commission (2004) confirmed that political advertising should not be regulated, drawing attention to the practical problems of ensuring a speedy response to claims around election time, the difficulties of distinguishing between fact and opinion, the likelihood of spurious complaints by political opponents and the lack of significant sanctions. [...] From a concern with the legitimate complaints of the general public against misleading advertisements and the sharp practices of a minority of advertisers, regulation is now part of a wider paternalistic and neo-puritan project to shape the behaviour of the general population.