The Consumer Protection Act 2007 provides a broad framework for protecting consumers from unfair commercial practices. Through its prohibitions on misleading, aggressive and unfair behaviour, the Act is capable of addressing a wide range of practices, including emerging online marketing techniques where they mislead consumers or distort purchasing decisions. While the Act does not expressly list practices such as fake countdown timers, false prizes, misleading thumbnails or advertising disguised as entertainment, its general provisions may apply to such conduct depending on the circumstances of the case.
The forthcoming EU Digital Fairness Act is expected to examine a range of online commercial practices that may negatively affect consumers, including practices that exploit vulnerabilities, the use of manipulative interface design techniques (sometimes referred to as "dark patterns"), and certain online marketing practices directed at children. The European Commission has also indicated that misleading marketing by social media influencers and the addictive design of digital products are among the issues under consideration.
My Department is currently considering a range of consumer protection and enforcement measures through the development of the proposed Consumer Protection, Competition and Enforcement Bill. Any further measures relating to these practices will be considered in the context of developments at EU level and the broader policy development process.