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Digital Business Lawyer

Editorial adjacency: one year on

In an article written last year entitled ‘Protecting against detrimental placement of content online’ for this publication, Tom Guida, Partner and Head of Media and Entertainment at Fieldfisher, argued that advertising/editorial adjacency was a growing issue that deserved greater attention from content creators and advertisers. Tom highlighted the issues that could arise from the at best discordant, and at worst, harmful placement of content adjacent to advertising on a particular website. Tom also pointed out that although the standard form insertion orders tended to favour advertisers over content owners in the case of these conflicts, it behoved both to be much more forceful in insisting on legal protection. A year on, following the concerns that have arisen out of alleged reports of online advertising being placed next to extremist content and the withdrawal of advertising by a number of large brands from certain online platforms as a result, Tom and Robert Grannells, also of Fieldfisher, provide a follow-up article on the issues arising out of programmatic online advertising and what media agencies need to do to regain trust in ad placement online.

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