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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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is there a presumptive "right to advertise" in a journal, magazine

Resolved Question:

is there a presumptive "right to advertise" in a journal, magazine or newspaper
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Could you please explain your situation a little more?
Customer:

An advertiser in a Club magazine has been the subject of an number of complaints re service & quality such as to raise the question whether he should be allowed to continue advertising to Club members. I should mention that the advertiser is a Club member and no fee is charged for the advert it being seen as a service to members. The Club does not seek to sell advertising neither is the ability to advertise in the Club magazine embraced in the Mem & Arts or the byelaws

Alex Watts : Do the club rules say anything about excluding advertising or anything like that?
Alex Watts : Please do not try and rate until I have provided an answer
Customer:

the club rules do not mention the magazine nor advertising in ant way

Alex Watts : Ok. In law there is no right to advertise.
Alex Watts : This is because a private club can do what they like.
Alex Watts : They must stick to their own rules but they are private and can do what they want
Alex Watts : As long as they do not discriminate on the legally recognised grounds, ie sex, race, colour, gender, religion, age etc they can do what they want
Alex Watts : They are not bound by the human rights act and therefore there is no right to a presumption to advertise.
Alex Watts : As long as they do not discriminate on legal grounds they can act as they wish.
Alex Watts : can I clarify anything for you about this today please?
Customer:

Thank you Alex, you have been most helpful

Alex Watts : Great. If I could invite you to rate my service before you go today, there should be a button at the bottom of the screen.
Alex Watts : If you need more help please click reply.
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