Advertising
Legislation
Advertising
legislations vary according to the country.
Different
are usually:
To
protect certain groups of people like children. In many countries
there is a legislation that doesn't allow certain adverts to be
shown when there is a young audience.
You
are only allowed to advertise certain products. In Spain,
you can not advertise tobacco or alcoholic drinks over 20% on the
television.
To
prevent the falseness of adverts.
You
can not trick a consumer.
The General
Publicity Law brought out on 11th November published in the B.O.E.
on15th November, is the fundamental law which regulates publicity
in Spain.
Publicity.
All forms of communication carried out by people or corporate bodies,
public or private, in the exercise of a commercial, industry, handmade
or professional activity, with the aim or promoting in a direct
or indirect way the contacting of furniture or real estate, services,
rights and obligations.
Addressee:
people that the advertising message is directed at or those that
are at its reach.
It
is unlawful publicity and therefore
illegal:
1.
Advertising which goes against our fundamental rights.
2. Deceptive advertising.
3. Disloyal advertising.
4. Subliminal advertising.
5. Advertising which infringes the specific rules of determined
products.
Therefore,
the following is prohibited by law:
1.
Publicity which goes against people’s dignity or violates
the values and rights recognized in theConstitution, especially
in what is referred to as children, youths and women. The fundamental
rights are especially protected above all those related with weaker
groups or in a special risk situation.
2.
Deceptive advertising. Publicity which induces a mistake to
the consumer. The law states that “publicity is considered
deceptive if in its presentation it induces an error to its addressees,
thus affecting their economic behaviour or damaging or being capable
of damaging its competitor. Therefore, publicity which does not
mention fundamental information about the product or services when
said omission induces an error to the addressees”. Therefore,
it is deceptive.
A.
Publicity that lies to induce an error to the consumers.
B. Publicity which telling the truth induces a lie to the consumers
for not mentioning fundamentalaspects or for deliberately trying
to transmit a message which is interpreted incorrectly.
3.
Disloyal Advertising. There are various types of disloyal advertising
fundamentally with the competitors.
A.
Advertising which disdains the competitors. The law claims that
“disloyal publicity is publicity which discredits or indirectly
disdains a person, company or a company’s products, services
or activities”. As we will see later we can mention competitors
in adverts but not just to disqualify or disdain them.
B. Trying to confuse. The law states that “adverts which
induce confusion with companies, activities, products, names,
brands or other distinctive signs of the competitors are prohibited.
4.
Subliminal advertising. There is not only empirical evidence
that shows the existence of subliminal advertising. Various of the
famous experiments cited during the years turned out to be a fraud.
In any case the law prohibits subliminal advertising. It is prohibited,
for example, to insert a photograph within a film with an advert,
so that the spectators “don’t realize” the advert
exists.
5.
Advertising that infringes specific rules on determined products.
In Spain, there are specific laws that restrict the advertising
of tobacco, alcoholic drinks, medicines, gambling and some other
products or services. Adverts that advertise tobacco and drinks
with an alcoholic percentage of over 20% are banned on television.
Putting adverts up of alcoholic drinks and tobacco in places where
its sale or consumption is prohibited is also banned.
If you
want to consult the legislation look at the following page Vlex.