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The Control of Misleading Advertisements Regulations 1988

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Control by the Cable Authority of misleading advertisements

11.—(1) If, having considered a complaint about an advertisement pursuant to regulation 10(1) above, it considers that the advertisement is misleading, the Authority may, if it thinks it appropriate to do so, exercise the power conferred on it by Section 15(1) of the Cable and Broadcasting Act 1984 (power to give directions) in relation to the advertisement.

(2) The Authority shall give reasons for its decision to give or not to give, as the case may be, a direction in accordance with paragraph (1) above in any particular case.

(3) The Authority may require any person appearing to it to be responsible for an advertisement which the Authority believes may be misleading to furnish it with evidence as to the accuracy of any factual claim made in the advertisement. In deciding whether or not to make such a requirement the Authority shall have regard to the legitimate interests of any person who would be the subject of or affected by the requirement.

(4) If such evidence is not furnished to it following a requirement made by it under paragraph (3) above or if it considers such evidence inadequate, the Authority may consider the factual claim inaccurate.

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