2023 has been the year that governments, regulators and international organisations have all sought to get to grips with the challenges of regulating AI including the publication in April of the UK government’s policy paper outlining its proposed approach to AI regulation; the EU’s AI Act which may shortly become the world’s first piece of AI specific regulation; and the Whitehouse Blueprint for an AI Bill of Rights in the US. In addition to the challenge of the fast-developing nature and potential use (and misuse) of AI, a common challenge which all regulators have faced is the international ..read more

The often-controversial UK Online Safety Act (the OSA) has finally become law after receiving Royal Assent yesterday, heralding the end of the era of largely self-regulation for user generated content by technology platforms, whether large or small. The OSA will impose new duties on all providers who host “user generated content” (i.e. services which allow users to post their own content and/or to interact with other users) and internet search engines. The OSA has extraterritorial effect meaning it applies not only to providers based in the UK but also to any overseas providers of services wh ..read more

As we recently covered in this space, the Supreme Court in Abitron Austria GmbH et al. v. Hetronic International, Inc. held that Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act are not extraterritorial and extend only to claims where the infringing use in commerce is domestic. We anticipated that district courts would soon be addressing this decision in pending and future litigation. The first reported decision has now been issued by the District of Delaware, and it holds that Abitron does not prohibit a party from introducing evidence of foreign conduct in support of an infringement cla ..read more

The UK government announced on 2 August 2023 a new consultation for proposed changes to the UK’s product safety laws. Whilst much of this consultation is concerned with the regulatory compliance arrangements for the testing and marking of products what has received less immediate media coverage are proposals also included to impose additional duties on the operators of online marketplaces through which products are sold in the UK. Specific proposals for online marketplaces which the government is now consulting on include: Duties for those marketplaces to co-operate with enforcement authorit ..read more

Last month, oil giant, Shell, was caught out again by UK regulator – the Advertising Standards Authority (“ASA“) – for breaching its rules against making misleading environmental claims. Previous ASA ruling against Shell This latest ruling is reminiscent of a 2020 ASA ruling against Shell for a radio ad, where it used the claim “Drive carbon-neutral by filling up and using Shell Go+ today. Make the change. Drive carbon-neutral“. There were multiple complaints about the ad, challenging whether it was sufficiently clear that Shell Go+ is a loyalty scheme. The scheme permits subscribers to purch ..read more

The EU is at the forefront of the commitment to regulate Artificial Intelligence (AI) technology to ensure better conditions for the development and use of this innovative technology. In 2020, the European Commission published a white paper on AI and stated therein the urgency to address the challenges of complexity, unpredictability, and autonomous behaviour of certain AI systems. Consequently, in April 2021, the European Commission proposed the first EU regulatory framework for AI – the Artificial Intelligence Act (AI Act). On 14 June 2023, the European Parliament approved its negotiat ..read more

According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture, the global sector is expected to grow from $6.0 billion in 2020 to $24.1 billion by 2025, at a compound annual growth rate of 32%. Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships. This blog explores some consider ..read more

We reported last week on the UK government’s decision to reduce the scope of its proposed Retained EU Law (Revocation and Reform) Bill. As originally drafted had that bill become law then all direct EU legislation currently retained as UK law would have automatically lapsed at the end of this year unless specifically retained or amended by a minister or devolved authority before then. However, last week the government announced plans to reduce the scope of this bill to a list of circa 600 specific pieces of direct EU legislation as opposed to all direct EU legislation, whether or not yet spec ..read more

There has been considerable media coverage in the UK this week following the government’s announcement that it is to reduce the scope of its controversial Retained EU Law (Revocation and Reform) Bill (Retained EU Law (Revocation and Reform) Bill publications – Parliamentary Bills – UK Parliament). Had this bill entered into law in its original form it would have resulted in all direct EU legislation such as EU Regulations and Decisions which is currently retained under UK law pursuant to post Brexit transitional arrangements (currently estimated to be around 4,800 laws) automatically cease to ..read more

The authors would like to thank Eben Kurtz for his valuable contribution to this post. Heard of the climate activists defacing advertisements, billboards and bus shelters? Brandalism is a recent anti-advertising movement which uses a brand’s own assets and marketing channels against the brand itself, through replacing legitimate advertisements with spoofs and parodies (known as “subvertising”). A brand needs to be prudent in response to these acts and attuned – from a public relations perspective – to the sensitivities involved. Nonetheless, these are often unsafe acts of criminal damage ..read more