Current Advertising Regulations and the Internet

Authors

• Lori A. Lustberg

Abstract

Since its inception, the Internet has brought society an array of opportunities. With those opportunities challenges arise. The Internet advertising arena is no different. The opportunities for companies to use the Internet to reach their target audiences are extraordinary. Because no regulations apply specifically to the Internet and since no agency has the specific task of regulating it, however, questions are plentiful regarding how and to what extent advertising is acceptable over the Internet. Both consumers and advertisers can clearly benefit from the use of advertising on the Internet. Consumers can readily and easily access information and products in which they are interested. Advertisers can inexpensively reach a broad, specified audience. Moreover, they are constantly available to their public. The primary question is whether advertising over the Internet may be regulated under the traditional methods used to regulate advertising over other media such as print, radio, and television. Significantly related to that inquiry is the determination of which regulations would apply and, in tum, who would be responsible for enforcing these regulations. The responsibility of regulating current advertising is divided among several entities, including the Federal Trade Commission, the Federal Communications Commission, the Food and Drug Administration, the Bureau of Alcohol, Tobacco and Firearms, and the Department of Transportation, as well as through state law and industry agencies. Furthermore, even if Internet advertising can be regulated under traditional methods, one must consider whether those regulations are sufficient or if they should be supplemented to ensure adequacy. These are the questions that this article will attempt to answer. In particular, this article will address: (1) the current regulations governing advertising and the agencies responsible for enforcing those regulations; (2) how the Internet is distinguishable from other methods of advertising; (3) whether current advertising regulations apply to the Internet; and (4) whether supplemental regulation is needed within the advertising industry to properly oversee the Internet.

Recommended Citation

Lori A. Lustberg, Current Advertising Regulations and the Internet, 2 Computer L. Rev. & Tech. J. 39 (1998)