Advertising Law: A Comprehensive Summary
Advertising Law
Election Advertising
This type of advertising, while not promoting goods or services, falls under advertising regulations. It’s subject to special rules within the General Election System Act 1985, amended in 2007. Additional laws apply, such as the Law of Electoral Advertising Scheme of Private Television Stations of 1988 and the Advertising Law Municipal Election in Radio Broadcasting Stations 1991.
Legal Framework for Electoral Advertising
The law distinguishes between advertising in private and public media:
- Private Media: Article 58 grants candidates equal advertising rights, including equal rates and placement across various time slots. Media outlets cannot refuse individual candidate advertisements but may decline electoral advertising altogether. Electoral advertising rates cannot exceed commercial rates.
- Public Media: Article 60 prohibits candidates from purchasing political advertising on public media. Article 61 provides for free airtime allocated proportionally to each party’s vote share in previous elections.
Principles of the Electoral System Law
- Ensuring equal opportunities for candidates.
- Prohibiting discrimination in private media.
- Requiring clear identification of electoral advertising.
- Applying the General Advertising Law (LGP) to recruitment advertising.
Institutional Advertising
This type of advertising is conducted by government entities (national, regional, or municipal) to build public image and disseminate information, rather than promote specific products or services. It’s governed by Act 29/2005 on Advertising and Institutional Communication, which aims to inform the public while considering accessibility for disabled and elderly individuals.
Content of Institutional Advertising
The law outlines permissible content:
- Dissemination of constitutional values, rights, and legal obligations.
- Information on electoral processes and laws.
- Public employment opportunities.
- Safety and preventive measures.
Requirements for Institutional Advertising (Article 3)
- Campaigns must serve the public interest.
- Promote equality and respect social and cultural diversity.
- Maintain accuracy, accountability, and efficiency.
Prohibitions
- Extolling government achievements.
- Including sexist, discriminatory, or unconstitutional messages.
- Inciting violence or illegal behavior.
Integrating Advertising Contract
The Integrating Advertising Contract addresses situations where consumer contracts omit advertised terms. Prior to the 1984 Consumer Act, consumers could annul contracts that misrepresented advertised terms. Current legislation (Consumer Act of 2007, Article 61) mandates the inclusion of advertised terms in consumer contracts, unless contractual clauses are more beneficial to the consumer.
Terms of Integrating Advertising
Case law has established the following conditions for enforcing advertised terms:
- Applies only to consumer contracts, not business contracts.
- Requires a signed contract between the consumer and the company.
- The consumer must be acting in good faith, unaware of discrepancies between advertising and actual product/service qualities.
- Advertised content must be accurate.
- Integration must be initiated by or consented to by the consumer.