Lesson 31º

 

 

 

 

 

 

 

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.