I am interested in consumer law as I spend much of my time in China, where consumers have almost no protection from bad trading practices.
Therefore, I've just read through the documents to which James Hatts posted links. It's interesting that the law applies to "traders" defined as "any person who in relation to a commercial practice is acting for purposes relating to his business, and anyone acting in the name of or on behalf of a trader".
I would have thought that "Steffen" and Captivate Hospitality would be covered by the first part of this definition, meaning that their third party status doesn't protect them.
The crime is also "strict liability" meaning there is no defence of ignorance, lack of intent, or being unaware of the impact of what they were doing.
In other circumstances, a possible defence might be "innocent publication", i.e. Captivate Hospitality received the "advert" from Ozu and published it without suspecting its content might be in breach of regulations. However, as Captivate are in the marketing business not the publishing business, I doubt this defence would be credible.
So, "Steffen" are you really content with the possibility that you are committing crime as part of your job?
But don't hold your breath for a reply from "Steffen" - he/she is hiding like a coward and licking wounds from the kicking they received here. It also appears they may be more than one person - based on the variable grammar levels of the posts.
The reason I love this forum is that astroturfers are very quickly outed and shamed.
What disreputable advertising companies don't realise is that, once outed, anyone searching for their clients will find this thread - or similar.
For example - I am a tourist interested in "Ozu SE1" - using Google, I will find this...
Don't know how much Ozu pay CH, but I'd be worried about their amateurish approach. These days you can almost smell an Astroturfer miles away, and if Steffen had done a little research, he would have taken a less obvious approach. One major mistake most of these Astroturfers have in common, and which they seem to be heading for like the Titanic for that iceberg, is that they regularly insult SE1 members' intelligence. Shoddy.