Censorship is not a solution. Instead, companies, whose messages are misleading, could pay a fine for their misleading message. Otherwise, you end up in 1984...sorry, I mistyped "UK in 2026".
You avoid having companies, who can swallow the bill, making whatever claims they like without having to much to worry about other than a slap on the wrist - Their claims are already out. J&J, P&G, Unilever et al - you may trust them to do the right thing, i don't.
A fine doesn’t undo a lie that’s already made it around the world.
Although given Brexit I’d question how useful the ASA actually is. It seems Russian funded politicians were free to spew endless lies at the average citizen with no repercussions.
Quoting Wikipedia[1] quoting the US Supreme Court,
The thread running through all these cases is that prior restraints on speech and publication are the most serious and the least tolerable infringement on First Amendment rights. A criminal penalty or a judgment in a defamation case is subject to the whole panoply of protections afforded by deferring the impact of the judgment until all avenues of appellate review have been exhausted. Only after judgment has become final, correct or otherwise, does the law's sanction become fully operative.
A prior restraint, by contrast and by definition, has an immediate and irreversible sanction. If it can be said that a threat of criminal or civil sanctions after publication "chills" speech, prior restraint "freezes" it at least for the time.
> And can we agree that there are lies that companies tell on adverts that can cause damage?
Yes, and very often those companies get sued. I'll agree no often enough. But I'll also note that the outrage leading up to the lawsuit is far more visible than the results of that legal action. I'll also agree that that legal action is often too slow.
> Carlsbergs tag line is still "probably the best beer in the world" despite it probably being not.
The lie has to be believable and cause damage. Was the unclear from my comment?
Even if they remove "probably" they could still get away with it because it isn't going to be believable and I doubt you could show damage. Just in the same way so many cafes have "Best coffee in X" and how frequently you see mugs like "Best Dad in the world." No one is getting sued over those because they aren't believable. I agree they're deceptive and in bad taste, but I think if you take some time to sit down and think about it you'll realize that to make statements like those illegal you're going to have a lot of unintended consequences.
You avoid having companies, who can swallow the bill, making whatever claims they like without having to much to worry about other than a slap on the wrist - Their claims are already out. J&J, P&G, Unilever et al - you may trust them to do the right thing, i don't.