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Take 10 #6

Published on 20 Nov 2020.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

ICO publishes guidance on AI decision making

Published on 02 Nov 2020. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How can companies comply with data regulation when using AI to make decisions affecting individuals?

Take 10 #5

Published on 30 Oct 2020.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #4

Published on 16 Oct 2020.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #3

Published on 28 Sep 2020.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #2

Published on 30 Jun 2020.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #1

Published on 30 Jun 2020.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Media & Entertainment

As one of the UK’s strongest media law teams, we work closely with you to tackle any challenges that come your way.

Media & Content Disputes

Our market-leading media and content disputes team is the largest and most experienced media defence team in the UK.

Artificial Intelligence

Discover how RPC’s AI lawyers help you navigate regulation, compliance, IP, data privacy, and disputes. Innovative AI legal advice for businesses.

No bouncing back for directors

Published on 20 May 2024. By James Wickes, Partner and Adam Craggs, Partner and Catherine Zakarias-Welch, Knowledge Lawyer

Banned! Fraudsters! – Terms used by the Insolvency Service for directors who abused the government backed loan scheme which was put in place to help businesses struggling during the pandemic.

All is not (necessarily) lost: Crypto crime recovery

Published on 30 Jun 2022. By Adam Craggs, Partner

With over 2 million people in the UK now holding and using cryptocurrency, and the Chancellor announcing that a government backed non-fungible token ("NFT") is to be issued by the Royal Mint this summer, the market for crypto-assets is expected to continue to grow in the coming months and years; so much so that legislation is planned to implement a new regulatory regime for the crypto market.

FTT prevents HMRC from having two bites of the cherry!

Published on 22 Oct 2014. By Dan Wyatt, Partner

In Lady Henrietta Pearson v HMRC [2014] UKFTT 890 (TC), the First-tier Tribunal (Tax Chamber) ('FTT') concluded that HMRC had "ignored" its previous decision by seeking to reduce the amount of a VAT refund which it had ordered HMRC make to Lady Henrietta Pearson ('the taxpayer').

SHEIN faces EU scrutiny over consumer law violations

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What practical guidance is given by the CMA in its new draft guidance on price transparency under the Digital Markets, Competition and Consumers Act 2024 (DMCCA)?

CMA secures undertakings from Amazon to combat fake reviews

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What do Amazon’s undertakings reveal about the CMA’s expectations for businesses in complying with consumer protection laws on fake reviews?

CMA consults on draft price transparency guidance under the DMCCA

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What practical guidance is given by the CMA in its new draft guidance on price transparency under the Digital Markets, Competition and Consumers Act 2024 (DMCCA)?

Green claims update

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

In a shock last minute U-turn, the European Commission proposed withdrawing the Green Claims Directive over concerns about the regulatory burden, particularly for SMEs, of getting green claims independently verified.

CJEU rules on comparative advertising and online comparison services

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

Does an online comparison service fall within the remit of the comparative advertising rules contained in the Misleading and Comparative Advertising Directive (2006/114/EC)?

CAP issues guidance on use of AI in ads

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

When does the use of AI need to be disclosed in ads?

Brand-only ads excluded from restrictions on advertising "less healthy" food and drink products

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

Do the new restrictions on advertising "less healthy" food and drink products apply to brand-only advertising?

ASA rules against brand for an ad it had never seen

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

Are brands responsible for third-party advertising of their products, even when they never directly authorised (or had ever seen) those ads?

ASA & CAP's focus on AI influencer ad disclosures

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What top tips can be taken from the UK Advertising Standards Authority (ASA) and the Committee of Advertising Practice (CAP) in their recent Annual Report for 2024 and report on Influencer Ad Disclosure on Social Media (Influencer Report)?

Contract formation: use of emoji showed objective intention to enter into contract

Published on 10 May 2025. By Caroline Tuck, Partner and Eleanor Harley , Partner

Is the use of a “thumbs up” emoji sufficient to convey acceptance when forming general commercial contracts?

Court of Appeal confirms financial claim caught by clause excluding liability for loss of anticipated profits

Published on 10 May 2025. By Caroline Tuck, Partner and Eleanor Harley , Partner

How did the Court of Appeal approach the construction of an exclusion clause to determine whether the Claimant’s financial claim for breach of an exclusivity provision was properly described as a claim for “anticipated profits” and as such was excluded by that clause?

Supreme Court determines that the parties’ common intention decides whether a contract is varied or replaced

Published on 10 May 2025. By Caroline Tuck, Partner and Eleanor Harley , Partner

How will a court determine whether a contract has been varied or replaced?

Variation of contract by email valid without expressly referring to exercise of contractual right

Published on 10 May 2025. By Caroline Tuck, Partner and Eleanor Harley , Partner

How will a court determine the formality requirements for a valid contract variation?

The EU’s Work Programme 2025 – ePrivacy Reg and AI Liability Directive dropped!

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What are the main takeaways for the tech industry from the European Commission’s Work Programme 2025?

EU Guidance on the AI Act

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

How is the European Commission helping businesses interpret the EU’s Artificial Intelligence Act (AI Act)?

The Online Safety Act: Illegal Harms Codes officially in force, focus now on children

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What are service providers’ new obligations under Ofcom’s new Codes of Practice on Illegal Harms and its Age Assurance and Children’s Access Guidance?

The UK Government’s consultation on Copyright and AI

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

How is the UK Government considering striking the balance between the protection of copyright in materials and the training of AI?

UK’s new AI Cyber Security Code of Practice

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

How is the UK Government seeking to protect AI systems from growing cyber security threats, in particular in respect of deployable AI systems using GenAI?

UK’s “AI Opportunities Action Plan”

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

How will the UK Government’s new AI Opportunities Action Plan (Plan) impact businesses?

“Ronan’s Law” to impact retailer and online platform liability for knife sales

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

How will the UK’s proposal to crack down on the online sale of knives impact retailers?

EU “ecodesign” product regulation lands, together with new digital product passport

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What does the EU’s new regulation on ecodesign and sustainability mean for products and those who manufacture, import, deal and distribute them?

EU proposals to make online marketplaces liable for unsafe or illegal goods and collection of taxes

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

How concerned should online marketplaces be about new EU rules on e-commerce imports?

EU Online Dispute Regulation Platform discontinued!

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

The EU Online Dispute Resolution Platform (ODR Platform) was set up in 2016 under the Regulation (EU) No 524/2013 (Regulation), as an alternative route to court for disputes arising from online sales or service contracts

CJEU considering liability of App Store providers for unlawful loot boxes

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

Should intermediary service providers (eg app stores) be held liable for the supply of games containing unlawful loot boxes to consumers in breach of local gambling legislation?

CMA guidance on unfair commercial practices under the DMCCA

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What practical guidance is given by the CMA on unfair commercial practices under the Digital Markets, Competition and Consumers Act 2024 (DMCCA)?

CMA’s enforcement road map for the new DMCCA plus consumer protection priorities

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

Where will the CMA focus its new enforcement powers under the Digital Markets, Competition and Consumer Act 2024 (DMCCA)? And what are the CMA’s consumer protection priorities?

Green claims update

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

The CMA has recently consulted on draft guidance to help businesses comply with the revamped consumer protection rules under the Digital Markets, Competition and Consumers Act 2024. The guidance summarises key changes including broader definitions of “commercial practices” and “misleading actions” making it easier to enforce against misleading green claims.

ASA gets tougher on brand advertising for “less healthy” food and drink products

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What does CAP and BCAP’s new “identifiability test” mean for the advertising of “less healthy” food and drink (LHF) products?

UK advertising codes to be amended to reflect new DMCCA

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What are the proposed key amendments to the CAP and BCAP Codes to align with the Digital Markets, Competition and Consumers Act 2024?

Travel agent found to have misled consumers with “from” price claims

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How can advertisers avoid misleading consumers when using “from” price claims?

ASA rules against telecoms companies on mid-contract price rises

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What steps should be taken to ensure contractual mid-term price rises don’t fall foul of advertising regulations or Ofcom’s existing and incoming transparency rules?

Harmful Online Choice Architecture: ASA criticises Nike and Sky for “dark pattern” tactics

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What must businesses do to ensure that their ads do not fall foul of the ASA and CMA’s ongoing investigations into harmful choice architecture and dark pattern tactics?

Influencer posts and affiliate links: the whole marketing chain must know the rules

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

Why did the Advertising Standards Authority (ASA) rule against Sainsbury’s on the use of an affiliate link by an influencer (noting that Sainsbury’s had no involvement in the creation of the post) and what steps could Sainsbury’s take to help prevent the problem from happening again?

Round up of recent green claims

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

Round up of recent green claims: Key updates and sector-specific updates

Effect of a contractual liability cap on set-off and contractual interest

Published on 10 Dec 2024. By Caroline Tuck, Partner and Eleanor Harley , Partner

Under a contract’s liability cap, should the cap be applied separately to each party’s liability before any set-off or after calculating the net financial position between the parties?