There is no formal definition. However, it is generally taken to be the display of advertising material on buildings and street furniture without the consent of the owner, and contrary to the law. (ENCAMS)
Fly-posting is illegal and those responsible can be prosecuted through the magistrates' courts.
Where an offence is proven fines of up to £1,000 can be issued and, in the case of a continuing offence, £100 for each day during which the offence continues after conviction. According to the Town and Country Planning (Control of Advertisements) Regulations 1992 (amended 1994 and 1999), a person is deemed to be displaying an advertisement if they are:
However, in both cases, a person shall not be guilty of an offence if they can prove that the advertisement was displayed without their knowledge or consent.
The main route for fly-posting prosecutions by local authorities is under section 224 of the Town and Country Planning Act 1990, and other provisions are included within the Highways Act 1980, and local legislation.
Section 224(3) of the Town and Country Planning Act (1990) makes it an offence for any person to display an advertisement in contravention of the Regulations.
Authorities may prosecute those involved in putting up posters where caught 'red-handed' but more often action is taken against 'beneficiaries' - those people or organisations whose products are advertised or in some other way derive benefit from having the product advertised.
Section 132 of the Highways Act (1980) makes it an offence for any person to display an advertisement in contravention of the Regulations and authorities have the power to remove posters without notice.
Anti-Social Behaviour Orders have been more recently been used to combat the issue of fly-posting.
The issue of fly-posting was included during the Capital Standards Enforcement Week 2005 with almost 300 activities being undertaken to address the issue during the week ranging from prosecutions to the removal of fly-posted material.