This book addresses two aspects of Advertising Law. One the one hand it is a traditional judicial analysis of Marketing Law rules governing advertising. One the other hand is brings in the demands of the protection of freedom of (commercial) speech into the analysis of Advertising Law, trying to integrate free speech into Advertising Law.
The book advocates the view that the protection of commercial speech by the fundamental rights should be taken into account when interpreting Advertising Law. The protection of commercial freedom of expression challenges the rules of the modern law on advertising, so that they must be framed and interpreted with due regard for commercial freedom of expression.
The book is a revised version of my doctoral thesis on Advertising Law. The thesis was assessed at the Law Faculty at Copenhagen University. It therefore takes its outset in Danish Advertising Law, but since this is to a very large extent a matter of EU regulation now a days the book also contains a thorough analysis of EU harmonisation in the area, starting out with the Directives on Misleading and Comparative Advertising and ending up with the Unfair Commercial Practices Directive. It also contains analysis of Nordic, German and – to some extend – American Advertising Law. On the Freedom of Speech side the thesis offers an examination of Danish and Nordic Constitutional Law in the area of commercial speech, but the main focus is on the practice from the European Court of Human Rights, the Court of Justice of the European Union and on German and American constitutional law, since both Germany and USA have very strong traditions for protection of commercial speech.
Copenhagen, December 2012