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The Control of Misleading Advertisements Regulations 1988

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Complaints to the Director

4.—(1) Subject to paragraphs (2) and (3) below, it shall be the duty of the Director to consider any complaint made to him that an advertisement is misleading, unless the complaint appears to the Director to be frivolous or vexatious.

(2) The Director shall not consider any complaint which these Regulations require or would require, leaving aside any question as to the frivolous or vexatious nature of the complaint, the IBA or the Cable Authority to consider.

(3) Before considering any complaint under paragraph (1) above the Director may require the person making the complaint to satisfy him that—

(a)there have been invoked in relation to the same or substantially the same complaint about the advertisement in question such established means of dealing with such complaints as the Director may consider appropriate, having regard to all the circumstances of the particular case;

(b)a reasonable opportunity has been allowed for those means to deal with the complaint in question; and

(c)those means have not dealt with the complaint adequately.

(4) In exercising the powers conferred on him by these Regulations the Director shall have regard to—

(a)all the interests involved and in particular the public interest; and

(b)the desirability of encouraging the control, by self-regulatory bodies, of advertisements.

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