The IPM has been in many conversations regarding the implications of an EU exit. As Members of CAP, the IPM is looking to advise its members of the Code implications should an exit happen.
In the rounds of discussions about 'Brexit' or 'Bremain', it's important to understand what, if anything, might change for marketers. Below, we set out some key 'need to knows' and you can come and talk to us at any time about the potential implications for you, your brands and of course your business.
When does the Referendum take place?
23 June this year the UK electorate will vote on whether to remain in or leave
the European Union (‘Brexit’). The official campaign period started on 15 April
and polls currently show very close figures for both outcomes.
What you need to know now
vote to leave the EU will create a period of significant political uncertainty
but we do not consider that it will cause immediate substantive shocks
to the advertising self- and co-regulatory systems.
many places the Codes approximate or have regard to EU legislation but in the majority
of cases these are EU Directives that have been transposed into UK law (e.g.
CPRs). These would remain in place until / unless they were repealed. Regulations
(for example the NHCR) are not implemented in UK law and would likely pose
questions of justifiability, but would continue to have effect until the UK
actually left the EU.
concerns and lobbying activity are likely to build slowly over time. The main
effect on CAP, BCAP and the ASA would likely be the resource and cost
implications (particularly in regulatory policy and public affairs functions)
of engaging with government departments, taking legal advice and answering
internal and external queries related to ‘Brexit’.
need not do anything differently at this stage and should look to maintain
compliance with the Codes on an ongoing basis, irrespective of the outcome on
is much uncertainty around what the exit process would look like overall and
particularly whether negotiations about the UK’s relationship with EU post-exit
can be dealt with concurrently or not.
seems certain is that legislative time and the public debate during the exit period
will be dominated by the exit process and renegotiation of bigger economic
issues such as trade deals. For better or worse issues which affect advertising
regulation are unlikely to be a priority.
What happens if you are working across several territories?
Here, we look at European law and the Codes.
are two types of European law: Directives and Regulations.
If you'd like to discuss further or simply need more information, please contact us on 020 7291 7730 and speak to our Legal Team.
are required to be transposed by member states, so there is always a
corresponding piece of UK legislation. In these instances the UK legislation
would endure beyond a UK exit until or unless it was repealed by
parliament. However it may face
challenges on the grounds of justifiability and whether any harmonisation
required by the EU in its application should reasonably continue.
apply across the EU by default and do not require domestic implementing
measures. Although these would technically remain in effect in the UK until it
left the EU, without any UK implementing legislation and with a diminished risk
of censure at a European level marketers might begin to question the need to
comply with them.
UK government has said that EU-originating legislation will “continue to be law
until parliament decides otherwise”, however issues of the justifiability and
enforcement of those laws are likely to arise before parliament is able to
grapple with them.
the CAP and BCAP Codes (and therefore the ASA in their enforcement) in places
either approximate or have regard to various pieces of European law or the UK
implementing legislation. Where CAP and BCAP’s rules have their roots in those laws
they are likely to encounter similar issues.