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The Control of Misleading Advertisements Regulations 1988

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Control by the IBA of misleading advertisements

9.—(1) If, having considered a complaint about a broadcast advertisement pursuant to regulation 8(1) above, it considers that the advertisement is misleading, the IBA may, if it thinks it appropriate to do so, refuse to broadcast the advertisement.

(2) The IBA may require any person appearing to it to be responsible for a broadcast advertisement which the IBA 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 IBA shall have regard to the legitimate interests of any person who would be the subject of or affected by the requirement.

(3) If such evidence is not furnished to it following a requirement made by it under paragraph (2) above or if it considers such evidence inadequate, the IBA may consider the factual claim inaccurate.

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