International Advertising Clearance - May 2004 - GALA

INTERNATIONAL 

ADVERTISING 

CLEARANCE 

GLOBAL ADVERTISING 

LAWYERS ALLIANCE (GALA) 

GLOBAL MEETING 

ATLANTA, GEORGIA 

MAY 2004 

www.gala-marketlaw.com

Welcome to GALA, the Global Advertising Lawyers Alliance. The 

Global Advertising Lawyers Alliance is an alliance of lawyers located 

throughout the world with expertise and experience in advertising, 

marketing and promotion law. 

The Global Advertising Lawyers Alliance provides a worldwide 

resource to individuals and corporations interested in answers to 

questions and solutions to problems involving the complex legal issues 

affecting advertisers and marketers. 

Among the services GALA is able to offer its clients, is access to 

experienced practitioners of advertising, marketing, intellectual 

property, entertainment and promotion law and “one stop” 

international marketing clearance advice. With GALA on their side, 

clients can be assured that marketing material in all categories - from 

radio, TV and print to the Internet - conforms to legal requirements, as 

well as clearance of international activities within the intellectual 

property and entertainment endeavors. E.g. International artists may 

clear a license or contract in various countries with an anchor 

member that would coordinate all services for all jurisdictions. 

To contact experienced legal counsel in a particular country, simply 

visit the GALA website at www.gala-marketlaw.com and click on that 

country's name or flag.

Table of Contents 

1. Survey Questions 

2. Quick Glance Guide 

3. Argentina 

4. Australia 

5. Austria 

6. Belgium 

7. Brazil 

8. Canada 

9. Chile 

10. Colombia 

11. Costa Rica 

12. Croatia 

13. Czech Republic 

14. Denmark 

15. Ecuador 

16. Finland 

17. France 

18. Germany 

19. Greece 

20. Hungary 

21. India 

22. Ireland 

23. Israel 

24. Italy 

25. Malaysia 

26. Mexico 

27. Netherlands 

28. New Zealand 

29. Nigeria 

30. Paraguay 

31. Peru 

32. Poland 

33. Portugal 

34. Puerto Rico 

35. Romania 

36. Singapore 

37. South Africa 

38. Spain 

39. Sweden 

40. Switzerland 

41. Taiwan 

42. Turkey 

43. United Kingdom 

44. United States 

45. Uruguay 

46. Venezuela 

47. Zimbabwe 

48. List of Contributors

SURVEY QUESTIONS 

Is advertising regulated on a federal or regional level? 

Does the advertising industry in your country engage in any form of selfregulation? 

If yes, how does the self-regulatory process work? Is it widely used? Are 

decisions rendered in writing? Are they reported anywhere? 

Does your country permit comparative advertising? 

If yes, what are the major restrictions and regulations with respect to such 

competitive comparisons? 

Is pre-existing substantiation required for claims made in an advertisement? 

Are there any products or services that cannot be offered in certain media? 

What is your country’s law on privacy and/or rights of publicity regarding the use 

of famous people in advertising without their express permission ? 

What is your country’s law on the use of other people’s products in advertising 

without the product owner’s permission? For instance, if a mustard company 

used a very recognizable automobile as part of its advertisement, would the 

automobile company have a right of action against the mustard company for 

false affiliation or false endorsement? 

Are there any restrictions or regulations with respect to price advertising? 

Are there any laws, restrictions or regulations which are particular to the culture 

of your country which affect advertising, e.g. Swedish gender equality law?

Are there any cultural norms that should be considered when preparing 

advertising to be disseminated in your country (e.g. a strong religious or ethnic 

presence that might affect the appropriateness of certain creative material or 

advertising message)? 

Is there any other general advice or cautions you would give to advertisers 

operating in your country?

INTERNATIONAL ADVERTISING CLEARANCE 

Legal Regulatory Structure Federal Federal, State and 

Territory 

Industry Self-Regulation? Yes, with codified 

guidelines and dispute 

resolution by Argentine 

Chamber of Advertisers 

as non-judicial arbitrator 

for competitors who 

voluntarily choose to 

submit. 

Comparative Advertising 

Allowed? Issues? (See footnote 

for explanation of "usual and 

customary criteria") 

Argentina Australia Austria Belgium Brazil 

Yes, subject to usual and 

customary criteria 

Yes, by the Advertising 

Standards Bureau which 

has one board for public 

complaints and another 

for disputes between 

competitors. 



Federal Federal primarily; some 

Regional re: Flemish, 

French-speaking and 

German communities 

Prohibited Product Ads? Tobacco and Rx drugs Tobacco Cigarettes, generally; 

other tobacco, Rx drugs 

spirits, and medical 

treatment on Radio & TV 

Use of famous person permitted 

without permission? 

Use of identifiable 3rd party 

product permitted? 

Specific Price Advertising 

Restrictions (beyond being "not 

misleading")? 

Cultural Taboos / Legal 

Restrictions? 

No Yes, through codes of 

conduct of several 

industries and 

increasingly through the 

Jury for Ethical Practices 

in Advertising, which also 

serves a preventing 

function. 

Yes, per EU Directive on Yes, consistent with EU 

Comparative Advertising Directive on 


Tobacco; Rx drug ads 

are very heavily 

restricted. 

Federal 

Yes The Self-regulating 

Advertising Council, aka 

CONAR, is widely used by 

consumers and 

competitors, & its 

decisions, although nonbinding, 

are normally 

accepted by the parties 

involved, and rarely 

challenged before a 

court of law. 

Yes, subject to certain 

principles & limits (see 

long answer). Use of 

competitor's trademark in 

comparative advertising 

may constitute 

infringement. 

Tobacco advertising is 

prohibited on TV, radio 

and in print. Outdoor ads 

are allowed only near 

the selling places. 

Permission required Permission required Permission required Permission required Permission required 

Yes, but risk of infringing 

and/or unfair trade or 

illegal competition 

Yes, but take care re: 

false association 

No Full cash price must be 

stated 

No Advertiser Code of Ethics 

requires that portray not 

discriminate against or 

vilify a person or a 

section of the community 

on account of race, 

ethnicity, nationality, sex, 

age, sexual preference, 

religion, disability or 

political belief. 

Permission required Permission required General rules apply; no 

specific restriction 

Restrictions exist for Price indication is heavily Yes 

premiums and combined regulated 

price offers 

No Language does matter a 

great deal, even if there 

is no general mandatory 

requirement on use of 

local language in 

advertising 

Complete Answers See Tab 3 See Tab 4 See Tab 5 See Tab 6 See Tab 7 

*Various requirements for comparative ads include: accuracy and substantiation of claims based on proper, valid and reliable data, like to like products, comparisons only of meaningful features and current products/prices. 

Racist advertising is 

illegal. The Brazilian 

Roman Catholic Church 

often opposes the use of 

the Christ image or 

images of saints in 

advertising.

Legal Regulatory Structure 

Industry Self-Regulation? 





Prohibited Product Ads? 







misleading")? 


Restrictions? 

Complete Answers 


Canada Chile Colombia Costa Rica Croatia 

Federal primarily; some 

Provincial/Territorial 

legislation 

Yes, the Advertising 

Standards Canada 

decides trade 

complaints and 

consumer complaints for 

most advertising except 

packaging. 

Yes, comparative ads 

must not "discredit / 

disparage / or attack 

unfairly other products, 

services, ads or 

companies nor 

exaggerate the nature 

of or importance of 

competitive differences" 

National National National National 

Yes, through a union of 

advertising companies, 

with codified guidelines. 



Yes, with codified 

guidelines, through the 

private National 

Commission of Self- 

Regulatory Advertising 

(CONARP), for consumer 

and competitor 

complaints. 



Tobacco; Rx drugs are Generally, Rx drugs Some restrictions, but no 

limited to claims about 

cost/quantity and name; 

Alcohol advertising is 

subject to specific 

regulations and 

guidelines. 

total prohibitions. 

Differently regulated by 

individual provinces 

Permission required Yes, provided no 

denigration and taking 

no advantage of 3rd 

party product's good will 

No Yes, within the Croatian 

Chamber of Economy 

which is divided into 

sectors and associations 

including among others 

the Association for 

Marketing. 

Yes, but note that 

general proclamations 

are expressly forbidden. 

Tobacco, professional 

services, some 

medications prohibited 

for TV, radio, print & 

outdoor. 

Permission required Permission required Permission required with 

certain exceptions 

Yes, but take care re: 

false affiliation or false 

endorsement 

Yes, provided use is 

"casual" , not relevant to 

ad and average 

consumer would not 

interpret an affiliation 

Yes, by Croatian 

Consumers' Protection 

Law whose provisions are 

in line with the EU 

directive on 


Tobacco, prescription 

drugs, & alcohol (not 

beer & wine). Weapons, 

& pornographic material 

are restricted as a direct 

consequence of 

restricted trade. 

Advertisements of legal 

services and law firms are 

restricted as well. 

Permitted provided 

privacy is not violated. 

No express provision. 

Could result in trademark 

infringement. 

Yes No Yes, for special offers Yes Yes, must be stated in 

Croatian kuna and 

inclusive of fees and 

taxes. 

Quebec has a number of A very conservative Note that Spanish Culture is non-violent & Advertising should 

laws that reflect its culture in which the advertising material is not avoids direct 

respect civil and moral 

unique language, culture Church has an important suitable for all Spanish- confrontation; restrictions rules, religious beliefs and 

and values. 

presence. 

speaking Latin Countries. on the use of images of human dignity. Any kind 

Words differ in meaning women, advertisement in of indecency and 

for different countries foreign languages, and violence should be 

and can substantially prices announced in avoided. 

affect the advertising foreign currency. Note 

messages from one that culture is very 

country to another. different from other Latin 

American countries and 

so, regional ad 

campaigns in Latin 

America often do not 

play well in Costa Rica. 

See Tab 8 See Tab 9 See Tab 10 See Tab 11 See Tab 12 

*Various requirements for comparative ads include: accuracy and substantiation of claims based on proper, valid and reliable data, like to like products, comparisons only of meaningful features and current products/prices.














misleading")? 


Restrictions? 



Czech Republic Denmark Ecuador Finland France 

National National and European 

Community 

Yes, see www.rpr.cz No Yes, through Association 

of Advertisement 

Agencies. 

National Federal National and Local 

Yes, by the Board of 

Business Practice of the 

Central Chamber of 

Commerce. 

Yes, for competitors and, 

in some part, consumers 

Prior advice available. 

See www.bvp.org (for 

English see 

www.bvp.org/phtml/outil 

s/english/mn). 

Yes, per EU Directive on Yes, subject to usual and Yes Yes, per EU Directive on Yes, per EU Directive on 

Comparative Advertising customary criteria 

Comparative Advertising Comparative Advertising 

Rx drugs, generally; Tobacco, generally; 

Tobacco on radio and TV Alcohol on TV; Rx drugs 

only permitted in 

specialized media 

Tobacco, alcohol and Rx 

drugs 

Alcohol, tobacco, & 

prescription drugs 

Tobacco, Rx drugs 

generally; alcohol, 

books, movies, press, 

retail distribution on TV 

Permission required Permission required Permission required Permission required Permission required 

Yes, but must avoid 

misleading meaning 

If ad uses good will of 

other company, it may 

be actionable under 

Danish Marketing 

Practices Act art 1. 

No Yes, ad price must 

include tax & VAT rules 

for free, discounted, etc 

Cultural Norms find 

certain sound effects 

offensive. 

Ethnic issues are 

considered very 

important. 


However, depending on 

the case, Civil Code re: 

unfair profits may apply. 


However, depending on 

the case, Civil Code re 

unfair profits may apply. 

No particular sensitivities 

cited. 

Yes, but advertising must 

always be in 

accordance with good 

business practice. 

Yes, but there is a risk of 

trademark infringement 

Yes, must be clear and Yes, must include VAT; 

comprehensible. Sales rebate rules 

price and unit price must 

be provided. Special 

provisions regarding inter 

alia sale at reduced 

prices and consumer 

credits. 

No particular sensitivities 

cited. Note special 

regulations regarding 

target groups such as 

children. 



Ads must be in French; 

current cultural trend of 

non-discrimination 

towards women.














misleading")? 


Restrictions? 



Germany Greece Hungary India Ireland 

Federal National National Federal and Regional National 

Yes, dealing largely with 

taste and decency 

issues. 

Yes, in transition to a non 

profit Self Regulatory 

Organization from the 

two current Advertisers 

and Agency associations; 

pre-clearance on 

request; monitoring of TV 

ads; complaint handling. 


guidelines, by several 

organizations, the 

leading one being the 

Hungarian Advertising 

Association (MRSZ). 


Standards Council of 

India (ASCI), with 


Standards Authority of 

Ireland (ASAI), with 

codified guidelines and a codified guidelines and a 

complaint handling complaint handling 

system. 

system for consumers & 

competitors. 

Yes, per EU Directive on Yes, subject to usual and Yes, subject to usual and Yes, however direct Yes 

Comparative Advertising customary criteria customary criteria references to competitor 

are prohibited. 

Tobacco, alcohol, Rx 

drugs, and other 

medicine 

Permission required 

(injunction 

compensation, no 

punitive damages) 



Tobacco, Rx drugs; Tobacco, weapons, 

certain advertising to ammo, explosives, Rx 

children, certain drugs; some restrictions 

gambling, ads which are on alcohol 

obviously offensive to 

public and human 

decency 

Cigarettes, medical 

treatment, infant food, 

any influence of miracle 

properties of product; 

restrictions on alcohol in 

various media 

Tobacco, Rx drugs; 

alcohol ads are strictly 

regulated 

Permission required Permission required Permission required Permitted provided 

privacy is not violated 

Yes, but there is a risk 

trademark or copyright 

infringement 

Prohibited to be used in 

any "unjustified way" 

Yes Indicate if price includes 

VAT; rules for special 

offers 

Permission required Yes, provided no unfair 

use being made of 3rd 

party's goodwill 

Yes re: discounts, final 

prices 

No Note Greek value Ads must be in Hungarian Yes, many (see long 

placed on equality 

(gender, ethnic, etc); 

Cultural taboos against 

insults against the person 

of the President of the 

Republic and the 

constitution or offences 

against the Christian 

religion. 

answer) 



Yes particularly re: sales 

promotions 

Irish culture is still 

influenced strongly by 

religion and morals; 

Sexual themes should be 

avoided.














misleading")? 


Restrictions? 



Israel Italy Malaysia Mexico Netherlands 

National Primarily National; some 

Regional and Municipal 

regulations 

No Yes, by the Institute for 

Self-Regulation in 

Advertising (IAP) with 

codified guidelines and 

complaint procedure for 

consumers, competitors 

and ex officio authority. 

Federal and Regional Federal and Regional National and, 

particularly for outdoor 

advertising, Regional 

No Yes, although the Code 

of Ethics, published by 

the National Council for 

Advertising, does not 

have an enforcement 

process. 

Yes, by The Advertising 

Federation. Complaints 

can be submitted by 

anyone. This forum is far 

more widely used than 

the court system. 

Yes, per The Second Yes, per EU Directive on No No Yes, per EU Directive on 

Authority Television and 

Radio Rules (1994) and 

the Consumer Protection 

Law (1981). 



Tobacco advertising is Tobacco, alcohol and Rx 

only permitted on the drugs 

internet. Advertising of 

alcohol targeted at 

minors is not permitted in 

any form of media. 

TV, radio and outdoor: 

racial extremists, guns 

and armaments, 

gambling, religious 

denominations, political 

parties and funeral 

service; TV and radio: 

alcohol, tobacco, 

condoms, feminine 

hygiene products, 

undergarments, STDs, Rx 

drugs 

Tobacco and Rx drugs 

may not be on TV or 

radio; alcohol only after 

10pm; certain other 

products may require 

warnings, etc. 

Permission required Permission required Permission required Permission required for 

use of "image," survives 

death of person; 

interpretation of extent 

of "image" not clear 

Yes, provided the plaintiff 

can establish a 

trademark infringement. 

Ordinary use will not 

constitute a basis for 

legal action. 

Yes, price must be 

complete in Israeli 

currency. 

Advertising may not be 

harmful towards good 

taste, human dignity or 

public sentiment. 

Additionally, ads should 

not be racist or 

discriminatory or have 

excess violence. Take 

special care when 

advertising with sexual 

content or when 

targeting youth. 

Yes Permission required Yes, but there is a risk of 

false association claim 

All prices must be stated 

in Euros, disclosure must 

be made when price for 

units of measure are 

different from single item 

price. 

Not prohibited, some 

regulations 

No No 

Tobacco and Rx drugs 


Yes, generally 

Advertising may not Ads must depict National symbols of None, really 

exploit superstitions, fears; Malaysian values, cultural Mexico cannot be used 

must not be violent, sensitivity and reflect the in advertising (national 

indecent or vulgar; must Malaysian identity and anthem, flag, etc.); there 

not offend the moral, culture while conforming is protection for literary, 

civil and religious beliefs to values of Islam which is artistic, popular art or 

and must respect human the national religion; crafts of popular cultures 

dignity. 

advertisers are also (indigenous people and 

required to promote groups) Cultural taboo 

social responsibility against religious 

through advertising eg (particularly Catholic) 

portrayal of civic references; indigenous 

mindedness as well groups of Mexico are 

desired behavioral 

attitudes in life. 

sensitive subject. 
















misleading")? 


Restrictions? 



New Zealand Nigeria Paraguay Peru Poland 

National Federal National & Municipal National National 

Yes, the Advertising 

Standards Authority has 

wide industry 

membership & funds a 

Complaint Board which 

includes non-media 

public reps. 

Yes, subject to ASA 

guidelines 

Yes, by the Code of 

Advertising Practices in 

Nigeria, drawn up by 

APCON. 

Yes, although running 

down competition or 

making claims that are 

offensive and /or 

disparaging of the 

competition is not 

permitted. 

Tobacco and Rx drugs Tobacco on TV before 

9:45pm; cigarettes on 

Radio before 6pm; 

sportsmen, children and 

pregnant women cannot 

be used in TV, print or 

outdoor ads for tobacco; 

tobacco on outdoor ads 

near schools and 

hospitals. 

Yes, by the Center for 

Regulation, Norms and 

Studies on 

Communication 

(CERNECO), with codified 

guidelines and 

enforcement 

proceedings that can be 

initiated by and party or 

ex officio. 

Yes, by the Asociacion 

Nacional de 

Anunciantes, a not for 

profit association of 

advertisers and ad 

agencies, with codified 

guidelines and complaint 

procedures for 

competitors who are 

members. 

Yes Yes, subject to usual & 


Rx drugs Rx drugs; tobacco ads 

are restricted on radio & 

TV to the hours of 1am - 

5am 

Permission required Permission required Permission required Resemblances may be 

freely used 


an infringement claim 

Permission required Permission required Yes, a right of action 

exists on 3rd party's 

product only if there is 

denigratory effect 

No No Price must be stated in 

local currency, including 

tax 

Take care re: Maori 

claims to cultural 

iconography 

In Northern Nigeria 

where Sharia Law 

operates, alcohol and 

cigarettes are seen to be 

offensive to the Islamic 

religion, and are 

prohibited. Take care in 

general re: the multiple 

ethnicities and religions in 

Nigeria. 

Price reference must 

include sales tax; 

installment payment 

option must reference 

effective interest rate 

No Advertising material must 

fully respect religious 

beliefs, cannot 

discriminate based on 

race or religious beliefs. 

Yes, by the Polish 

Chamber of Advertising, 

a private institution, but 

not effectively operating 

currently. 

Yes, per EU Directive on 


Tobacco, alcohol, Rx 

drugs, and organs for 

transplant; promotion 

lotteries on TV and radio; 

financial services have 

specific TV regulations 





false affiliation, false 

association claims 

No 

Note that Polish society is 

almost 90% Catholics & 

ads take into account 

the strong Catholic 

opinion in Poland.














misleading")? 


Restrictions? 



Portugal Puerto Rico Romania Singapore South Africa 

National and Municipal US and National National National Federal 

Yes, by the Civil Institute 

of Advertising Autodiscipline 

- ICAP, the 

Portuguese Association 

of Advertising Agencies - 

APAP, and the 

Portuguese Association 

of Direct Marketing - 

APMD. 

Yes, by the PR Chamber 

of Commerce 

members/interest groups, 

but it is not widely used. 

The Romanian 


Association of Advertising Standards Authority of 

Agencies (RAAA) was Singapore (ASAS), to 

established in 2000 and enforce the Singapore 

has an objective to Code of Advertising 

establish self-regulation, 

but has not yet done so. 

Practice (SCAP) 


Standards Authority, to 

enforce the Code of 

Advertising Practice 

(based on the Internat'l 

Chamber of Commerce 

Ad Code), with 

complaint procedures 

open to anyone. 

Yes, per EU Directive on Yes, subject to usual and Yes, subject to usual and Yes, but trademark Yes, subject to usual and 

Comparative Advertising customary criteria customary criteria infringement is a real 

issue if competitor's mark 

is used. 


Alcohol on radio and TV 

during the hours of 7am - 

22:30pm; Tobacco in all 

media; prescription drugs 

and treatments with the 

exception to technical 

publications; games of 

chance if it is the main 

object of the message; 

"miracle" products is 

forbidden in all media. 

Tobacco on radio, TV 

and outdoor; alcohol on 

TV; casino gambling 

games on internet 

Permission required Follows US law - as a 

general rule, permission 

required and broadly 

interpreted to include 

any indicia of identity. 

Yes, if it doesn't take 

advantage of a 

renowned trademark, 

commercial name or 

other distinctive signal of 

a competitor. 

Fleeting & incidental use 

generally ok, beware 

false association, 

endorsement & 


Narcotics and 

psychotropic drugs, Rx 

drugs, weapons not 

intended for hunting or 

sport. On TV and radio, 

tobacco, lawyers and 

related service providers, 

private clinics. Alcohol 

advertising is restricted. 

Ok, provided that it is 

done without prejudice 

to the person 

No Yes, strict monitoring Must provide reference 

regarding base and 

regular prices which form 

basis for sale advertising; 

full disclosure required to 

provide "apples to 

apples" price 

comparisons. 

price for discount claims 

Portugal has a very 

strong Catholic 

presence. Any religious 

advertising is very 

sensitive. 

Take care with use of the Many general rules 

colors blue, red and regarding non- 

green as each stands for discrimination and 

a political party with a human dignity. Of 

certain position on US- particular note is the 

Puerto Rico relations; regulation that an ad 

similarly, the use of a should not stimulate 

single predominant star behaviors which 

will evoke an association damage the 

with the statehood ideal. environment. 

Use Spanish rather than 

English for wider appeal; 

do not assume that 

regional slang from other 

Latin American countries 

will translate well to 

Puerto Rico. 

Tobacco; restrictions on 

medicinal products and 

lotteries 

Tobacco 

No specific legislation Unclear, analysis would 

be based on right of 

privacy 

Yes No, but trademark and 

copyright infringement 

issues must be regarded 

Yes, but take care to 

avoid trademark 

infringement 

No specific legislation Single price discount may 

be advertised for a 

maximum of 3 weeks; 

ads with price 

comparisons will be 

restricted to a maximum 

period 

Language issues are No discriminatory 

complicated. Do not use advertising or gender 

soldiers or 

stereotyping unless 

representations of other reasonable and 

public offices in ads. justifiable in an open and 

democratic society 

based on human dignity, 

equality and freedom. 
















misleading")? 


Restrictions? 



Spain Sweden Switzerland Taiwan United Kingdom 

National and Regional Federal Federal, Cantonal and 

Local 

Yes, by a private selfregulation 

association 

with a complaint 

procedure open to 

anyone. 



Rx drugs. On TV, 

tobacco, alcohol 

(content greater than 

20%), political ads. Also, 

advertising of alcohol, 

tobacco, gambling, 

weapons and other 

products is subject to 

specific restrictive 

regulations. 

Yes, by several bodies, 

some of which give 

decisions, others of which 

issue guidelines only. 

Permission required Permission required for 

living persons 

Permission required Yes, but take care not to 

use the goodwill of 

others for your own 

commercial purposes 

Ad must state prior & 

reduced price; "sales" 

must fall within special 

sales categories 

prescribed by law 

No Take care to portray 

gender equality and 

avoid religious & ethnic 

discrimination 

Yes, and it is widely used 

and highly respected. 

Federal and Local National 

No Yes, it is applicable to all 

non broadcast 

advertising (except 

certain web ads) and 

enforces the British Code 

of Advertising and Sales 

Promotion and has 

complaint procedures 

open to anyone. 

Yes, per EU Directive on Yes, subject to usual and Yes, subject to usual and Yes, per EU Directive on 

Comparative Advertising customary criteria customary criteria Comparative Advertising. 

Note: if comparative ad 

is found significantly 

misleading and uses 

competitor's trademark, it 

will also be found that 

the competitor's mark 

was infringed. 

Tobacco and alcohol Tobacco, alcohol and Rx 

drugs 

Tobacco, Rx drugs, food 

which purports curative 

effects; other product & 

services are subject to 

restrictions in various 

media. 

Tobacco, Rx drugs, 

lotteries other than the 

National Lottery; 

significant number of 

prohibitions on TV and 

radio. 

Permission required Permission required Until recently, no. Law is 

developing and is 

focusing on whether 

there is a false impression 

of endorsement given. 

Yes, but one may not use 

somebody else's 

registered trademark 

Yes Permission preferable 

(see long answer) 

Yes No No Prices must be in Pounds 

Sterling and VAT must be 

included; installment 

prices must also equally 

prominently include total 

price; advertisement of 

price benefits (eg "up to 

X% off;" ""from $X," should 

exaggerate availability 

of benefits likely to be 

obtained 

Note that the Swiss 

culture and Swiss laws 

are very liberal. 

Gender equality in 

Employment Law. 

Consider public order, 

good morals, public 

interest, & national 

image sensitivities. 



Various laws restrict use 

of or reference to the 

Royal Family; respect for 

and tolerance of 

different sections of British 

society is a key cultural 

norm and care must be 

taken to avoid offence 

on the grounds of race, 

religion, sex, sexual 

orientation or disability; 

take care when using 

animals in ads to 

understand the affection 

that British people feel for 

animals.














misleading")? 


Restrictions? 



United States Uruguay Venezuela Zimbabwe 

Federal and State National Federal Neither 

Yes, the National Yes, by the Uruguayan 

Advertising Division of the Association of Advertising 

Council of Better Business Agencies, with codified 

Bureaus, for national guidelines. 

advertising; complaints 

may be initiated by 

competitors or the self 

regulatory body on its 

own. 





Cigarettes on radio, TV No, but warnings are 

and outdoor, restricted in required for tobacco 

print publications with ads. 

large underage 

readership; other 

restrictions for children's 

programming, alcohol 

and Rx drugs. 

Governed by state law, 

but general rule is 

permission required and 

broadly interpreted to 

include any indicia of 

identity. 

Permission preferable if 

anything more than 

fleeting and incidental 

use 

Savings claims must be 

based on a reference 

price; price comparisons 

to competitors must be 

locally current 

Tendency for advertising 

to be sensitive to ethnic, 

religious and gender 

issues . 

Permission required for 

use of person's pictures 

and images under 

copyright law 

Yes, but consider Paris 

Convention on Unfair 

Competition 

Price reference must 

include tax 

Avoid pornographic 

elements. No general 

cultural norms of which 

to be aware, and there is 

a Constitutional 

guarantee of free 

speech, but ethnic, 

religious and other 

groups do feel free to file 

complaints. 


guidelines and a 

mediation procedure. 



Yes, institutions are 

regulated by The 

Advertising Standards 

Association of Zimbabwe 

(ASAZ). 

No 

Tobacco, alcohol (beer Tobacco, prescription 

ads are allowed on radio drugs and certain 

and private cable TV) professions cannot be 

and Rx drugs. 

offered on television, 

radio, print and outdoor. 

Permission preferable; 

unauthorized use might 

result in Civil Code or 

copyright action 


before using a person in 

an advertisement. 

Without written 

permission, the person 

has right of action. 

Generally, permission is Yes, a right of action 

needed; be especially exists on 3rd party's 

careful in use of products product if their product 

with well-known 

was demeaned or in any 

trademarks 

way increased sales. 

Mandatory to include 

the product's sale price 

and sale expiration date 

Use of children in TV 

advertising is restricted to 

certain kinds of 

products/services; 

historically there have 

not been set restrictions 

on religious, political or 

social issues, but care is 

encouraged on these 

subjects during this time 

of political conflict. 

See Tab 43 See Tab 44 See Tab 45 See Tab 46 

No. 

There are no actual laws 

or restrictions however 

there are few 

regulations. For example, 

you cannot advertise for 

a job and say “wanted 

black male”, nor can u 

say “wanted Ndebele 

person” you have to say 

“wanted person fluent in 

Ndebele” 


ARGENTINA 

Damaso A.Pardo 

Pérez Alati, Grondona, Benites, Arntsen & Martínez de Hoz 

dap@pagbam.com.ar 

Q: Is advertising regulated on a federal or regional level? 

A. Federal level 

There are not general regulations regarding advertising. Nevertheless, many specific rules 

and principles can be found in other federal regulations connected to this subject. 

Q: Does the advertising industry in your country engage in any form of self-regulation? 

A: Yes, there is a Self-Regulation and Ethics Code issued by the Argentine Chamber 

of Advertisers, which states some basic rules to be followed by the advertisers at the time 

of encouraging publicity campaigns. 

Q: If yes, how does the self-regulatory process work? Is it widely used? Are decisions rendered in 

writing? Are they reported anywhere? 

A. This Chamber acts more like a non-judicial arbitrator for solving particular conflicts 

between competitors in cases where they voluntarily choose this kind of proceeding, so 

as to avoid long and expensive lawsuits. But its regulation is not compulsory for 

announcers and if any advertisement violates the Code, the Chamber will only notify the 

advertiser about the existence of such infraction, but no formal consequences will arise 

form it. The Code is more like an ethical, non-compulsory regulation. 

Q: Does your country permit comparative advertising? 

Q: If yes, what are the major restrictions and regulations with respect to such competitive 

comparisons? 

A: In Argentina, comparative advertising is not forbidden by any regulation, but it is 

only admitted in certain cases where the comparison is done about objective facts and 

without the intention to denigrate or discredit the compared product or service. 

Q: Is pre-existing substantiation required for claims made in an advertisement? 

A: No 

Q: Are there any products or services that cannot be offered in certain media? 

A: Every product can be offered by any means, with exception of prescription 

drugs, which is forbidden by every media. In the case of tobacco, it can only be offered 

on TV or radio between 8 am and 22 hours.

Q: What is your country’s law on privacy and/or rights of publicity regarding the use of famous 

people in advertising without their express permission ? 

A: Famous people, as well as common people, cannot be used without permission for 

advertising a product or service. 

Q: What is your country’s law on the use of other people’s products in advertising without the 

product owner’s permission? For instance, if a mustard company used a very recognizable 

automobile as part of its advertisement, would the automobile company have a right of action 

against the mustard company for false affiliation or false endorsement? 

A: There is not a specific regulation for this matters, but there is no doubt that the 

automobile company will have an action against the mustard company. This is so 

because the advertisement will represent an infringement on its trademark rights and 

also a case of unfair trade or illegal competition. 

Q: Are there any restrictions or regulations with respect to price advertising? 

A: No 

Q: Are there any laws, restrictions or regulations which are particular to the culture of your 

country which affect advertising, e.g. Swedish gender equality law? 

A: No 

Q: Are there any cultural norms that should be considered when preparing advertising to be 

disseminated in your country (e.g. a strong religious or ethnic presence that might affect the 

appropriateness of certain creative material or advertising message)? 

A: No 

Q: Is there any other general advice or cautions you would give to advertisers operating in your 

country? 

A: The precisions given on an advertisement oblige the offeror and they are 

understood as included in the contract with the consumer.

AUSTRALIA 

Peter Le Guay 

Cowley Hearne Lawyers 

pleguay@cowleyhearne.com.au 

Q: Is advertising regulated on a federal or regional level (or both)? 

A: Federal Regional Both 

The main piece of legislation at the federal level is the Trade Practices Act 1974 (TPA). 

Each State and Territory also has its own Fair Trading Act (FTA). 


A: Yes No 



A: The self-regulation process is overseen by the Advertising Standards Bureau which 

administers both the Advertising Standards Board (ASB) and the Advertising Claims Board 

(ACB). The ASB deals with public complaints about advertisements whereas the ACB 

deals with disputes between competitors in respect of a particular advertisement. 

Decisions of the ASB are rendered in writing and selected case reports are published via 

the Bureau’s website (www.advertisingstandardsbureau.com.au). A summary of case 

reports is also published on the Bureau’s website. Each case report summary identifies the 

advertiser, product, type of media utilised, subject matter of complaint and the 

determination. 


A: Yes No 


comparisons? 

A: • Compare like with like 

• Possess claims substantiation documentation prior to making comparison 

• Ensure comparison is current 

• Where there is a limitation to the comparison, ensure the limitation is 

properly communicated to the target audience 

• Generally, take particular care to ensure that the comparative statements 

are accurate 


A: Yes No 

Q: Are there any products or services that cannot be offered in certain media?

Television: Yes No 

Radio Yes No 

Internet Yes No 

Print Yes No 

Outdoor Yes No 

A: Tobacco 


people in advertising without their express permission? 

A: Use of a famous person’s image or name in an advertisement without their 

permission is generally unlawful and could amount to false and/or misleading and 

deceptive conduct in breach of sections 52 and 53 of the TPA (and the 

corresponding provisions of the various FTAs) as well as possibly a “passing off” at 

common law. 





A: Yes No 

Such an action is possible under sections 52 and 53 of the TPA where the use of 

the other product in the advertisement is such that consumers are likely to be 

misled or deceived into thinking that there is an association between the two 

products or their owners when no such association exists. The unauthorised use of 

the other product in the advertisement could also amount to a common law 

“passing off” where the use is such that people are confused or deceived into 

thinking the two products (or the products’ owners) are connected when they 

are not. 


A: Yes, section 53(e) of the TPA makes it an offence to make a misleading 

representation concerning the “price” of goods or services. In addition, section 

53C of the TPA states that an advertiser must state the full cash price for the 

goods or services advertised. For example, a mobile phone dealer cannot simply 

advertise the cost of a mobile phone when it is sold as part of a service contract. 

The company must also specify the full price of the service contract. 



A: Yes No 



appropriateness of certain creative material or advertising messages)?

A: Nothing specific, however clause 2.1 of the Advertiser Code of Ethics requires 

advertising to portray people in a way that does not discriminate against or vilify 

a person or a section of the community on account of race, ethnicity, nationality, 

sex, age, sexual preference, religion, disability or political belief. 


country? 

A: Do not use “fine print” disclaimers, ensure you already have claims substantiation 

documentation in your possession prior to making the claim and, whilst vigorous 

competition is encouraged, ensure advertisements are honest and accurate.

AUSTRIA 

Stefan Kofler 

Greiter, Pegger, Kofler & Partners 

info@greiter.lawfirm.at 


A: Federal 

According to the Austrian constitution, civil matters, to which advertising law belongs, fall 

under the legislation of the Federal Parliament. 


A: No 

Q: If yes, how does the self-regulatory process work? Is it widely used? Are decisions 

rendered in writing? Are they reported anywhere? 

A: n/a 


A: Yes 


comparisons? 

A: Comparative advertising is permitted in Austria if it fulfils the requirements of 

Directive 97/55/EC of the European Parliament and of the Council of October 6, 1997. 

Comparative advertising is permitted if it is not misleading and if it compares goods or 

services meeting the same needs or intended for the same purpose. Furthermore it has to 

objectively compare one or more material relevant, verifiable and representative 

features of those goods and services, which may also include its price. Comparative 

advertising must not create confusion on the market place between the advertiser and 

a competitor or between the advertiser’s trademarks, trade names, other distinguishing 

marks, goods or services and those of a competitor. Furthermore, comparative 

advertising must not discredit or denigrate the trademarks, trade names, other 

distinguishing marks, goods, services, activities, or circumstances of a competitor. 


A: No 


A: 

Television: Yes (tobacco, spirits, prescriptive drugs and medical treatment) 

Radio:Yes (tobacco, spirits, prescriptive drugs and medical treatment) 

Internet: Yes (certain types of cigarettes)

Print: Yes (certain types of cigarettes) 

Outdoor: Yes (certain types of cigarettes) 



A: The use of famous people in advertising without their permission is not allowed. 

Such use will violate the privacy rights of famous people. It is neither allowed to use the 

images of famous people nor to use other characteristics (e.g. their voice). 





A: Yes, if the other product is identifiable. Such claim could in particular be based 

on the Trademark Protection Act. It is a violation of the trademark holder’s rights (e.g. if 

the product of the automobile company is clearly identifiable in an advertisement), 

because if a mustard company used a very recognizable automobile, the mustard 

company would take unfair advantage of the reputation of a famous trademark. 


A: Yes, there are restrictions with respect to price advertising in Austria. Generally 

price advertising must not be misleading. Furthermore restrictions exist for premiums and 

combined price offers. 



A: No 



appropriateness of certain creative material or advertising messages)? 

A: There are generally no such specific cultural norms which have to be considered 

specifically for Austria. 


country? 

A: In Austria, no possibility exists to obtain clearance from an official authority for a 

certain advertisement in advance. On the other hand, consumer protection 

organizations are entitled to sue advertisers, if they violate the Austrian Act Against Unfair 

Competition, particularly if they mislead the consumers.

BELGIUM 

Jan Ravelingien 

Marx Van Ranst Vermeersch & Partners 

jan.ravelingien@mvvp.be 



Mainly audio-visual advertising is organised on a regional level: The Flemish community, the 

French-speaking community and the German community. 

Most of the advertising rules however, both statutory and self-regulation, are federal. 


A: Yes 



A: Self regulation is widely used, particularly through codes of conduct of several 

industries. Secondly, self-regulation is increasingly used in the “JEP”, the Jury for ethical 

practices in advertising, a prevetting body that can also render non-binding advices 

upon complaints. The advices have a strong authority and in fact can give rise to a ban of a 

particular ad in a particular medium. 


A: Yes 


comparisons? 

A: Very briefly, the restrictions are quite in line with the EU Directive on Comparative 

Advertising. The comparison must relate to objective, material features, be verifiable and should 

not take undue advantage of another trademark. 


A: No 


Television: Yes 

Radio Yes 

Internet Yes 

Print Yes 

Outdoor Yes

A: Most notorious restrictions are on tobacco, encompassing all media. 

Very heavily restricted in most media are drugs. 



A: The use of famous and unknown people in advertising is not permitted without their 

express permission. 





A: Yes 

The use of other people’s products in advertising without permission is only legal in a 

comparative context. There is, generally, a right to be left alone. 


A: Yes, but nothing particularly noteworthy: price indication is heavily regulated. 



A: No 




A: Not particularly from a mere legal point of view in comparison with comparable other 

countries. 


country? 

A: Language does matter a great deal, even if there is no general mandatory 

requirement on use of local language in advertising.

BRAZIL 

Valdir Rocha & Manuela Sumares 

Veirano Law Firm 

rocha@veirano.com.br 

manuela.sumares@veirano.com.br 


A: In Brazil, advertising is regulated on a federal level by federal laws, that regulate, 

for example, consumer protection (Law No. 8,078/90), alcoholic beverages (Law No. 

9,294/96), cigarettes (Law No. 9,294/96), fire weapons (decree No. 2,998/00) etc. Most TV, 

radio, magazine and newspapers networks, advertising agencies and major 

corporations are also members of the Self-regulating Advertising Council, a.k.a. CONAR. 

This Council decides advertising conflicts between competitors, complaints filed by 

consumers or NGOs and its decisions, although serve as recommendations, are normally 

accepted by the parties involved, and rarely challenged before a court of law. 


A: Yes. 



A: CONAR can start a formal proceeding voluntarily, if it verifies that the 

advertisement violates any rule, or upon request of a third party, that can be a consumer 

or a company that is being damaged by the advertisement. After the proceeding is 

initiated, the defendant has the right to defend itself by presenting a response to the 

complaint and the Council will render a decision determining either (i) the suspension of 

the advertisement’s broadcasting; (ii) the modification of the advertisement, or (iii) 

determine that the advertisement should remain the way it is. The decisions rendered by 

this Council are in writing and reported on the Council’s home-page and in a monthly 

journal. 


A: Yes, although there are specialists who understand that any comparison with a 

competitor’s product, showing its mark, is trademark infringement, if not authorized by 

the trademark owner. This opinion is based on the interpretation of the Industrial Property 

Law (Law No. 9279/96). 


comparisons? 

A: Comparative advertising is accepted by CONAR and by the advertising 

community, in accordance with the following principles and limits:

The primary purpose shall be the clarification or the consumer’s protection; it shall have 

as basic principle the objectiveness of the comparison since subjective data, 

psychological or emotionally-based data does not constitute a valid comparison basis 

for consumers; the purported or implemented comparison shall be capable of being 

supported by evidence; in the case of goods the comparison shall be made with models 

manufactured in the same year and no comparison shall be made between products 

manufactured in different years, unless it is only a reference to show evolution, in which 

case the evolution shall be clearly demonstrated; there shall be no confusion between 

the products and competitor’s brands; there shall be no unfair competition, denigration 

of the product’s image or another company’s product; there shall be no unreasonable 

use of the corporate image or goodwill of third parties; whenever the comparison is 

made between products with different prices such circumstance shall be clearly 

indicated in the advertisement. 


A: According to article 27 of the Brazilian Self-Regulating Advertising Code, 

advertisements must contain a truthful presentation of the product being offered, and all 

descriptions, assertions and comparisons relating to facts or objective data shall be 

capable of being substantiated, and agencies shall supply the documentary evidence 

whenever requested. 

Moreover, article 32 establishes that the comparison advertisement shall be capable of 

being supported by evidence. The advertisement shall observe the principles of 

respectfulness, honesty and truthfulness. 


A: 

Television: Yes Tobacco (Law No. 9,294/96) 

Radio Yes Tobacco (Law No. 9,294/96) 

Internet No 

Print Yes Tobacco ((Law No. 9,294) 

Outdoor Yes Tobacco advertising is allowed only near the selling places 



A: Articles 34 and 35 of the Brazilian Self-Regulation Advertising Code regulate the 

protection of privacy, which includes privacy of famous people. In this regard these 

articles establish that the advertising shall not make use of image or words of living 

persons, unless their pervious and express consent has been obtained; it shall not 

disrespect religious belief and other susceptibilities of persons who descend from or relate 

to deceased persons whose image or reference appears in the advertisement; it shall 

not fail to show respect for the dignity of the human being and the institution of family; 

shall not fail to observe private property and its limits. 




against the mustard company for false affiliation or false endorsement?

A: There are no specific restrictions regarding the use of other people’s products 

other than the general principles and rules regulated by the Brazilian Self-Regulating 

Advertising Code. 


A: The Third paragraph of Article 27 of the Brazilian Self-Regulating Advertising Code 

establishes that the advertisement shall clearly state the value or total price to be paid 

for the product, avoiding unrealistic or exaggerated comparison with other products or 

prices; in the event of claimed price reduction, the advertiser shall be capable of 

submitting evidence of such reduction by means of previous advertisement or evidence 

of the previous price; it shall clearly state down payment, installments, credit peculiarities, 

fees or expenses applicable to long term transactions. Price advertising also has to follow 

the general advertising rules and principles of respectfulness, honesty and truthfulness. 



A: Brazil has a large population of immigrants and descendents from African slaves 

and only recently racism became a crime. Racist advertising is, therefore, illegal. 




A: Since Brazilian population is made up by various types of religion and races, there 

are no cultural norms that should be considered when preparing advertising in Brazil. The 

Catholic Religion is predominant and the Brazilian Roman Catholic Church often 

opposes the use of the Christ image or images of saints in advertising. Occasionally, the 

Church files complaints with CONAR requesting the prohibition of ads bearing the 

famous Rio de Janeiro Christ Statue. 


country? 

A: The advertisers that wish to operate in Brazil should be aware of the legislation 

applicable to the subject, specially the Consumer Protection Law, and should also 

review the decisions rendered by the Brazilian Self-Regulating Advertising Council, so as 

to make sure that the advertising produced is in accordance with the rules and 

principles present in our country.

CANADA 

Linda Roulet (for Wendy Reed) 

Heenan Blaikie 

wreed@heenan.ca 



The federal Competition Act governs advertising in all media in all jurisdictions across 

Canada. Some Provincial/Territorial consumer protection legislation also contains 

provisions governing advertising in those jurisdictions (i.e. deceptive advertising). 


A: Yes No 



A: Advertising Standards Canada (“ASC”) is a self-regulating advertising industry 

body that has its own advertising code/guidelines, decides trade complaints and 

consumer complaints for most advertising except packaging. If ASC finds advertising to 

be misleading, the media that carries it (i.e. tv/radio/print/signage etc) will cease to 

carry it. ASC provides an annual written summary of consumer complaints, naming 

advertisers unless they withdrew/amended the ad prior to the ASC rendering a decision. 

The ASC also pre-clears broad cast advertising for food, cosmetics, drug products and 

soon, natural health products, regulated under the Food and Drugs Act. 


A: Yes No 


comparisons? 

A: Generally comparative advertising must meet the same requirements as any 

advertising, namely, it must not be misleading in a material respect and must be 

adequately supported prior to presenting the ad to the public. Additionally, ASC’s Code 

also provides that comparative ads must not “discredit/ disparage/ or attack unfairly 

other products, services, ads or companies nor exaggerate the nature of or importance 

of competitive differences”. 


A: Yes No 



Radio Yes No 


Print Yes No 


A: Tobacco cannot be advertised in the above media. (Notably the last vestige of 

tobacco advertising --- a small amount on signage will also be prohibited after October 

1, 2003). Prescription drugs are limited to claims about cost/quantity and name. 

Generally, alcohol may be advertised in the above media provided ads meet federal 

broadcast guidelines for tv/radio and applicable provincial alcohol advertising 

regulations/guidelines. 



A: Canada’s federal privacy legislation, Personal Information Protection and 

Electronic Documents Act, (“PIPEDA”) currently requires informed consent for the 

disclosure of individuals’ personal information outside a province for consideration. On 

January 1, 2004, informed consent must be obtained for the collection, use, disclosure of 

personal information going outside a province. PIPEDA does not apply within a 

province that is deemed to have “substantially similar” legislation to PIPEDA. Quebec 

has its own privacy legislation and other provinces are developing privacy legislation too. 

Several provinces have the common law tort of “misappropriation of personality” 

(developed largely in Ontario) which refers to using person’s image/personality in 

advertising without their consent for commercial purposes (i.e. often based on the notion 

of an implied endorsement of a product/service without the consent of a celebrity 

although, a non-celebrity complainant could also be successful). Other provinces 

(British Columbia, Saskatchewan, Manitoba, Newfoundland and Quebec) have privacy 

statutes that prohibit the use of a person’s personality/image in certain situations (often 

the advertiser’s intention to use the person’s image without their consent will be 

material). 





A: Yes 

They may have a right of action in connection with use of the car’s trade mark especially 

if the trade mark is registered for “services” in which case advertising constitutes “use” of 

a trade mark. 


A: The federal Competition Act has requirements and guidelines concerning the 

determination of prices used in price claims with respect to the “ordinary price” that is 

referenced in the ad. Price claims must meet a “time test” or a “volume test. The ASC 

Code has similar provisions.



A: Yes No 

The ASC Code has gender guidelines and standards concerning “Unacceptable 

Depictions and Portrayals” that deal with discriminatory, disparaging and offensive 

messages. Quebec has a number of laws that reflect its unique language, culture and 

values. 




A: ASC as mentioned above. Some elements of Quebec’s unique requirements 

include French language requirements, its prohibition against advertising to children 

under 13 (with some exceptions), prohibition against advertising in schools, its privacy 

law, the requirement to register publicity contests, among others. 


country? 

A: In addition to the above comments, Canada is a highly diverse, multi-ethnic, 

multi-cultural country. In fact, a number of years ago there was a federal “Bilingualism 

and Biculturism Commission” established to promote this aspect of Canadian life. At the 

same time many Canadians enjoy celebrating their Canadian identity as demonstrated 

by the wildly popular, “I am Canadian” promotion by a national beer manufacturer in 

English Canada a few years ago. Many Quebec residents particularly enjoy celebrating 

Quebec’s unique culture and language.

CHILE 

Rodrigo Albagli 

Albagli, Zaliasnik & Cia. 

ralbagli@az.cl 



We have a self-regulated union of advertising companies called “CONAR” which has a 

code (www.conar.cl). Moreover, the Antitrust and Unfair competition Commission has a 

well-established jurisprudence on comparative advertising. 


A: Yes 



A: The union of advertising companies, which created the ethic code, established a 

procedure in case of infringement that is commonly used by its members (the majority of 

the advertising companies belong to this union). 

The decisions are given in writing signed by all the members of the council of the 

CONAR. 


A: Yes 


comparisons? 

A: In this type of advertising the information on which the comparison is based must 

be objective, truthful, demonstrable, verifiable and must be presented in a respectful 

manner. 


A: NO ANSWER PROVIDED 



Radio Yes No 


Print Yes No 

Outdoor Yes No

A: We need to distinguish between general drugs in drugs that need a medical 

prescription. The latter cannot be advertised in any media; only the doctors and health 

professionals can receive direct promotion of the prescription drugs from laboratories. 



A: The ethic code establishes that advertising cannot show or refer to anybody 

without his permission. 





A: The advertiser can use other people’s products in advertising his own, provided 

he respect the other’s trademark and does not denigrate the other product or image. 

The advertiser cannot take advantage of the goodwill gained by a third party. 


A: No 



A: No 




A: Yes, we are a very conservative country and the church has an important 

presence. We reckon advertisers contemplate this reality when producing the 

advertisements. 


country? 

A: Yes, the ethic code includes several articles concerning the way advertisement 

should be directed to children and young people, comprising the protection of values, 

security, promotion of education and the like.

COLOMBIA 

Ricardo Duarte Duarte 

Duarte Garcia & Asociados – DG&A - 

rduarte@col-law.com 


A: National level. 


A: Yes 



A: The National Commission of Self-regulatory Advertising (CONARP) is the selfregulatory 

private body. The CONARP operates within code framework of an ethical 

nature. Any public or private entity or individual may present its complaints to the body 

or adhere to the Ethical code, previous acceptance in writing to conform to the code, 

comply with its regulations and follow its decisions. Sanctions are decided after a nonregulated 

internal procedure and range from suggesting corrections to the ad; 

suggesting suspension of the publication; admonishing in private or in public the 

participants in the ad; inform the media on its decisions so that they can count on 

judgement elements regarding publication; requesting to member associations to 

impose sanctions to its affiliates. 


A: Yes 


comparisons? 

A: After the issuance of Law 256 of 1.996 on Unfair Competition there is no further 

discussion that comparative advertising messages are permitted in Colombia, provided 

that what is stated in the communication is objectively true, verifiable and that the 

comparison refers to aspects that are comparable. 


A: Yes 


Television: No 

Radio No 

Internet No 

Print No

Outdoor No 

A: There are no totally banned products. Restrictions apply to some products but no 

total prohibition. 



A: Famous individuals have the right to control and profit from the commercial use 

of his/her name, likeness and individual's identity. Any unauthorized appropriation of an 

individual's identity for commercial purposes is unlawful. There is no specific law 

regarding this issue, but the right of publicity may be protected with constitutional and 

legal principles in force. 





A: Yes 

The only proper response to the question of using another party's products without 

obtaining permission will depend upon the specific facts involving the particular use and 

the financial or non financial loss of the product owner derived by false affiliation or false 

endorsement. There is no specific law on this issue. 


A: The principle is that prices, if non-regulated by law, should conform to the truth 

when offered to consumers. Article 20 of CONARP´S Self-regulatory Advertising Ethical 

Code stipulates certain rules for the use of promotional expressions in advertising 

regarding prices. There are rules for advertising in cases such as: the use of the word 

FREE; for the one that invites to participate in raffles; for the 2x1 promotional 

advertisement; for price reduction or comparison offers, etc. 



A: No 




A: When preparing advertising to be disseminated in Colombia there should always 

be a previous study of the material to determine the effectiveness of the message for the 

target audience. Although there is no national cultural norm that can be highlighted, 

target audiences have their cultural styles and behaviours that can be determinant for a 

creative material. On the other hand, there is the believe that one Spanish advertising 

material is suitable for all Spanish speaking Latin Countries. That is not true. Words differ in 

meaning for different countries and can substantially affect the advertising messages 

from one country to another.


country? 

A: No.

COSTA RICA 

Uri Weinstok M. 

Niehaus & Weinstok 

uweinstok@niehauslaw.com 



Advertising is regulated on a National Level. Although no single body regulates the 

industry as such, many provisions relevant to the advertising industry may be found in 

different laws and regulations. 


A: Yes No 



A: The industry has created entities to advocate their common interests, and to deal 

with issues that do not entail a conflict between the members but rather affect the 

industry as such. 


A: Yes No 


comparisons? 

A: Comparative advertising is permitted since 1994. Comparison is permitted only in 

reference to relevant information, and it must be objectively demonstrated. Comparison 

may be done only between similar products and if they are know or relevant in the 

market. A general proclamation of superiority is expressly forbidden. 


A: Yes No 



Radio Yes No 


Print Yes No 

Outdoor Yes No

A: Tobacco, some medications, professional services. 



A: The image of any person at all cannot be used without their express permission, 

with the following exceptions: a. Public officers during relevant or public acts; b. Casual 

uses in which the person’s image is not relevant for the materials; c. Uses for strict 

educational, scientific or police purposes. 





A: Yes No 

One may use someone else’s trademark if its use is considered “casual”, and its not 

relevant to the ad nor consumers. If an average consumer interprets an affiliation 

between both brands, the use requires prior permission from the trademark owner. 


A: All advertised prices must be final, including all applicable taxes. If a special offer 

is mentioned, both old and new prices must be included. Any ad that does not provide 

any information relevant to determine the real price of the product is considered 

misleading. 



A: Yes No 

There are some restrictions that are common in other Latin American countries. These 

include restrictions on the use of images of women, advertisement in foreign languages, 

and prices announced in foreign currency. 




A: Costa Ricans are normally non-violent, and also normally avoid direct 

confrontations. For this reason, the public has usually disliked direct comparisons. 

Similarly, aggressive campaigns that have been successful in other countries are not very 

much accepted in Costa Rica. 


country? 

A: In many ways, Costa Ricans are very different from other Latin Americans. It is 

very common that ads tested in other countries ineffective in Costa Rica, and successful 

in many neighbouring countries.

CROATIA 

Aleksandr Bijelic 

Vukmir & Associates 

aleksandar.bijelic@vukmir.net 



Advertising is regulated on national level primarily by laws passed by the Croatian 

Parliament. The legislation system, at least as far as advertising is concerned, is not 

divided into federal and regional as it may be in other countries. 


A: Yes 

The major self-regulatory bodies are those acting within the Croatian Chamber of 

Economy which is divided in sectors and associations including between others 

the Association for Marketing. The Association for Marketing was established by 

the Croatian Chamber for Economy in 2001. The main purpose of the Association 

is to articulate the interests of Chamber's members involved in marketing in 

general and advertising in particular. There are also other professional 

associations, such as the Economic Interest Grouping of Companies for Trade 

Communications (HURA) with its own codes of conduct and guidelines applying 

to its members. 



A. The self-regulatory process works primarily through the implementation of the 

Code brought by the Croatian Chamber of Economy. The Code represents the 

minimum standard of ethics with which parties should comply in advertising and 

other forms of trade communications. The Code is by its form and content 

comparable to the Code of Standard Advertising Practice which in 1973 was 

accepted by the International Chamber of Commerce. The code and national 

laws are harmonized, which particularly means that the code elaborates on 

certain provisions of the laws and should never be contrary to the laws. 

If a solution can not be reached otherwise, conflicts related to the Code are 

brought before the Court of Honor. If a party is unsatisfied with the ruling of the 

Court of Honor, it can request the convocation of the so-called Group of 

Agencies for Trade Communications also acting within the Croatian Chamber of 

Economy. 


A: Yes

Comparative advertising is prescribed by the Croatian Consumers' Protection 

Law enacted in 2003. Its provisions referring to comparative advertising are 

basically in line the EC directive 55/97. According to Article 89, Paragraph 4 of 

the Croatian Consumers' Protection Law, Comparative advertising is considered 

any advertising, which with the purpose of promoting a certain good or service, 

directly or indirectly refers to a competitor, or which directly or indirectly refers to 

a competing good or service. 


comparisons? 

A. Comparative advertising is permitted if it meets the requirements 

prescribed in Article 92 of the Croatian Consumers' Protection Law. 

According to this provision, comparative advertising shall be allowed if: (i) 

it is not misleading, (ii) it compares goods or services meeting the same 

needs or intended for the same purpose, (iii) it objectively compares one 

or more material, relevant, comparable and verifiable features of those 

goods or services, (iv) it does not create confusion in the market place 

between the advertiser and the competitor, (v) it does not discredit or 

denigrate the trademarks, trade names or other distinguishing signs of a 

competitor, (vi) for products with designation of origin, it relates to 

products with the same designation, (vii) it does not take unfair 

advantage of the trademark or other distinguishing signs of a competitor, 

(viii) it does not take unfair advantage of the designation of origin of a 

competitor, (ix) it does not present goods or services as imitations or 

replicas of goods or services bearing a protected trademark or trade 

name. 

If comparative advertising refers to products and services within a special 

offer, the ad should clearly show the duration of the special offer and 

whether the purchase depends on the availability of the product or 

service. 


A: No 

It is not required to have the substantiation ready in advance, although it may be 

advisable in certain cases. The substantiation should be presented upon request, 

Court's request in particular. In fact, Article 90 of the Croatian Consumers' 

Protection Law prescribes for a rebuttable presumption according to which 

claims made in advertising will be considered incorrect if not proven otherwise. In 

case of dispute, at the first hearing the advertiser will be invited to provide 

evidence on the correctness of the contentious claims within seven days. If the 

advertiser does not prove that the claims are correct, it will be considered that 

the claims are incorrect. Considering the rather short term of seven days, it may 

be advisable to have such evidence prepared. 


A. There are several restrictions. Like in many other countries, such restrictions refer to 

tobacco products, prescription pharmaceuticals and alcoholic drinks, except for 

beer and selected wines. Certain advertising restrictions are a direct 

consequence of restricted trade of certain goods, such as weapons or 

pornographic material. The advertisement of certain services is restricted as well, 

such as the advertisement of lawyers and law firms. Most of the restrictions apply 

to the advertisement of the good or service regardless of the media. 



A. Famous people's privacy as any person's privacy is regulated by the Croatian 

Law on Protection of Personal Data which came into force in 2003. Certain 

provisions of the Croatian Law on Media, also enacted during 2003 may apply as 

well. The provision which applies to privacy protection in particular is the one of 

Article 7 of the Law on Media under the title Privacy Protection. 

This provision prescribes that the protection of privacy, dignity, reputation and 

honor is every person's right. It is also prescribed that a person performing a public 

service or duty likewise has the right to privacy protection, save for issues related 

to the subject public service or duty. According to Paragraph 3 of the above 

Article, a person who attracts publicity by his/her statements, conduct or lifestyle 

cannot claim the same level of privacy protection as other people. If someone's 

privacy rights have been offended, he/she can claim indemnification in 

accordance with general principles regulating indemnification which are 

prescribed by the Croatian Law on Obligations. 





A: Yes No 

This issue depends on the specific circumstances of the case. In fact, the use as 

described may involve trademark infringement and/or an act of unfair 

competition as prescribed by, respectively, the Croatian Trademark Law and the 

Croatian Law on Trade. On the other hand, who presumably used a trademark in 

the described way might claim fair use which is recognized by the Croatian 

Trademark Law. 


A: Yes 

The Croatian Consumers' Protection Law regulates pricing, more precisely the 

way the product's price should be indicated and in which cases. In general, each 

merchant or trader is required to clearly, visibly and legibly indicate the retail 

price on the product being sold or for the service being rendered. The price 

should be stated in Croatian kuna, without any denomination in EUR, USD or other 

foreign currencies.

According to the Consumers' Protection Law, the same provisions referring to 

pricing are mandatory in advertising as well. That does not mean that who 

publishes an ad has to indicate the price of the product published on an ad. 

However, if the price is stated, it should be stated clearly, in Croatian kuna and 

inclusive of fees and taxes as stated above. This should be the final retail price for 

the consumer, which means inclusive of all fees and taxes such as VAT and 

others. 



A: No 

Advertisements published locally should use local language, which is Croatian, 

and local script, which is Latin. Although this is recommendable, it is not 

something that is particular to the culture of our country, as the use of local 

language and script applies elsewhere as well. 




A. There are no cultural norms that would specifically apply to our country. Norms of 

ethics common to all civilized countries should apply, which means that 

advertising should respect civil and moral rules, religious beliefs and human 

dignity. At the same time any kind of indecency and violence should be 

avoided. 


country? 

A. It is advisable to seek local legal advice before starting to operate.

CZECH REPUBLIC 

Filip Winter 

Winter & spol. 

Filip.Winter@akwinter.cz 



We do not have federal, but one “state” level. 


A: Yes No 



A: Yes, yes, yes, yes: see www.rpr.cz 


A: Yes No 


comparisons? 

A: As per EU directive 97/55 


A: Yes No 

Generally, substantiation is required only if legal problems come (at the court or other 

authority), so usually in 99% cases no substantiation is required. But, in 1% cases, I have to 

prove claims with evidence existing before an advert has been published. 


A: 

Television: Yes No (tobacco, Rx drugs) 

Radio Yes No (tobacco, Rx drugs) 

Internet Yes No (Rx drugs) 

Print Yes No (Rx drugs) 

Outdoor Yes No (Rx drugs) 


people in advertising without their express permission?

A: In every case permission is required (with very very small exemptions – title list of 

promoted newspaper) 





A: Yes No 

Such use is possible without permission, but no misleading meaning can be given to the 

ad. 


A: In fact not. 



A: Yes No, in fact. 




A: This is impossible to say generally: for example the sound people do in Budweiser 

ad “what’s up” is considered to be very impolite here. 


country? 

A: Czechia is very tolerating country, so advertiser should have no fear of legal 

troubles.

DENMARK 

Johan Løje 

Sandel, Løje & Wallberg 

jl@slw.dk 



Advertising is regulated both through the EC and on a national level as well 


A: Yes No 



A: n/a 


A: Yes No 


comparisons? 

A: The advertisement may not be misleading and must compare goods or services 

which meet the same needs or are intended for the same purpose. The comparison may 

involve one or more material, relevant, verifiable and representative features of these 

goods or services. 


A: Yes No 



Radio Yes No 


Print Yes No 


A: Alcohol may not be shown on television, tobacco is generally prohibited, and 

prescription drugs may only be advertised in specialized media. 



A: This is not permitted. 





A: Yes No 

No decisions have been rendered – but if the advertisement is using the good will of the 

other company it may be actionable under the Danish Marketing Practices Act art. 1. 


A: Yes – the price advertised must be including taxes and VAT. There are rules for 

using the word FREE and DISCOUNTED etc. 



A: Yes No 

Not really – the Danish marketing practices Act includes a number of specific bans on 

advertising, but they are not culturally related. 




A: Ethnic issues are considered very important. 


country? 

A: Seek advice before entering the country – especially when considering 

promotions conditioned on purchase of goods.

ECUADOR 

Rodrigo Bermeo R. 

Bermeo& Bermeo Law Firm 

bblaw@uio.satnet.net 


A: National Level. 


A: Yes 



A: Yes, it works in some way, however, they are not a court, the only tool from the 

Association of Advertisement Agencies to recall a bad conduct or to expel a delinquent 

member. 


A: Yes 


comparisons? 

A: Trademark registration shall not confer on the owner the right to prevent a third 

party, where proceeding in good faith, from using the trademark to announce, even in 

advertising using brand comparisons, offer for sale, or advertise the existence or 

availability of lawfully trademarked goods or services, or from advertising the 

compatibility or suitability of spare parts or accessories that may be used with goods 

bearing the registered trademark, provided that such use is confined to the purpose of 

informing the public and is unlikely to lead to confusion over the corporate origin or the 

goods or services concerned. 

Decision 486 of Cartagena agreement 


A: No 



Radio Yes 

Internet Yes 

Print Yes 

Outdoor Yes

alcohol, tobacco, prescription drugs, 



A: Intellectual Property law limit use of famous names as trademarks. General 

provisions of Civil Code contain provisions against unfair profits. 





A: No express provision. However, depending on the case, Civil Code re unfair 

profits may apply. 


A: No, provided that advertised prices is true. 



A: No 




A: No provision 


country? 

A: No

FINLAND 

Eeva Hakoranta and Bernt Juthström 

Roschier Holmberg Attorneys Ltd. 

Eeva.hakoranta@roschier.com 

Bernt.juthstrom@roscier.com 


A: Federal 

The primary regulations on the national level are the Consumer Protection Act 

(1978/38) and the Unfair Business Practices Act (1978/1061).] 


A: Yes 



A: There are several self-regulatory bodies acting in different fields of marketing e.g. 

in the marketing of the pharmaceuticals. The practices of different bodies vary 

from each other. The decisions are as a rule rendered in writing, and e.g. the 

Board of Business Practice of the Central Chamber of Commerce regularly 

publishes its decisions. 


A: Yes 


comparisons? 

A: Finland has implemented the relevant EU directives and accordingly the 

comparisons in advertising shall not e.g. be misleading or confusing and should 

be made objectively.] 


A: No (Some exceptions may exist e.g. in the Securities Market Act) 



Radio Yes 

Internet Yes 

Print Yes 

Outdoor Yes

A: alcohol, tobacco products, prescription drugs 



A: Using someone’s image or name for commercial purposes requires always 

permission from the person in question.] 





A: It is not forbidden to use the products of others in advertising, but the advertising 

must always be in accordance with the good business practice. This includes inter 

alia a prohibition to exploit the goodwill of others as well as to present others’ 

products in a defamatory light. Intellectual property rights may have a significant 

impact on the assessment.] 


A: Yes. In general the price advertising must be clear and comprehensible. Normally 

both the sales price and the relevant unit price shall be provided. In addition, 

there are some special provisions regarding inter alia sale at reduced prices and 

consumer credits.] 



A: No 




A: No. As in many other countries, the advertiser should take notice of special 

regulations regarding some target groups such as e.g. children.] 


country? 

A: A good source of information about advertising in Finland is the Finnish Consumer 

Agency.

FRANCE 

Michel Béjot & Barbara Doittau 

Bernard Hertz Béjot 

bejot2@aol.com 

bdoittau@bhbfrance.com 

Q: Is advertising regulated in a federal or regional level (or both ?) 

A: Both: advertising in France is regulated through law (i.e., on a national level), but 

llocal representatives also play a part insofar as they may regulate, e.g., the use of 

posters, billboards or of lit advertising in their locality (where and how they may be 

placed). 

Q: Does the advertising industry in your country engage in any form of self-regulation ? 

A: Yes : in particular, through the BVP (Bureau de Vérifiaction de la Publicité) 

Q: If yes, how does the self-regulatory process work ? Is it widely used ? Are there decisions 

rendered in writing ? Are they reported anywhere ? 

A: The BVP is the French self-regulatory body in the field of advertising. Most Ad 

agencies must be members; majority of large advertisers are members. 

The BVP will give prior advice, on the advertisers request. The BVP’s prior review is 

systematic for TV ads, whereas it is not for other media (print, radio…). 

The BVP may also analyze an ad after its broadcasting and/or publication, upon a 

consumer’s or a professional’s request. The BVP will request that the advertiser proves its 

allegations and/or that it amends its ad and may finally offer a confidential arbitration in 

case of a dispute on an ad. 

Private individuals may express opinions regarding an advertisement, by filling out a form 

on the BVP’s website. 

The BVP will then try to reach an amicable agreement with the advertiser, but the BVP – is 

not competent to bring an action against advertisers on the consumers’ request. 

In case of non-compliance with a BVP decision,the BVP may request the advertiser to 

discontinue the advertisement. Although sanctions are limited (formal warnings, loss of 

BVP membership, adverse publicity) they do have deterrent effect. Finally, the TV 

channels have agreed not to broadcast any advertisement that has not been cleared by 

the BVP. 

Q: Does your country permit comparative advertising ? 

A: Yes, under certain conditions (see below). 


comparisons ?

A: French law recently implemented the EU Directive on comparative advertising (in 

2001). The main difference arising from the transposition is the removal of the obligation to 

inform the competitor/target about the comparative advertising campaign prior to its 

launch. Further, implicit advertising is now included in the notion of comparative 

advertising (i.e., advertisements which do not expressly name the competitor but which 

allow to identify it). 

Basically, the following requirements apply : 

- the ad should compare products or services that have the same purpose 

- the ad should be truthful and fair, it should not be misleading 

- the comparison should be objective 

- the comparison should relate to essential, significant, pertinent and verifiable 

characteristics of the products or services, which may include the price 

- the advertiser should be able to substantiate his claims 

Q: Is pre-existing substantiation required for claims made in an advertisement ? 

A: The advertiser should be able to substantiate his/her claim, within a short period of 

time after it is requested. 

Q: Are there any products or services that cannot be offered in certain media ? 

A: Yes, the general principle is as follows : 

TV : Yes : Tobacco, alcoholic beverages, prescription drugs, 

books, movies, press, retail distribution 

Radio : Yes : Tobacco, prescription drugs 

Internet : Yes : Tobacco, prescription drugs 

Print : Yes : Tobacco, prescription drugs 

Outdoor : Yes : Tobacco, prescription drugs 


persons in advertising without their express permission ? 

A: Section 9 of the French civil code provides that “everyone has a right to the 

respect of his privacy” (i.e., sentimental life, sexual practices, health, family, religion, etc.). 

Case law is developing that celebrities (as other individuals) have a right on their image 

and can control the use made of their image. This rule is not limited to pictures taken in 

private places, and this protection also applies to the use of doubles / look-alikes which is 

prohibited without prior authorization of the celebrity, names and, we believe would also 

apply to the imitation or use of the voice of a celebrity. 


product owner’s permission ? 

A: Promoting an offer in France by using the competitors’ trademarks is only 

authorized in case of (i) comparative advertising, (ii) the sale of products bearing such 

trademark and legitimately acquired and (iii) the sale of products that are compatible 

accessories of another product bearing such trademark.

In other instances, there is a risk of trademark infringement. 

Q: Are there any restrictions or regulations with respect to price advertising ? 

A: Yes : in particular, the ad should relate to products which are available. The price 

should be provided including VAT when the ad is directed towards consumers. 

Should the ad refer to a price rebate, the following information should also be provided : 

- The period of time during which the rebate is available. 

- The items to which the offers apply. 

- The amount of the rebate. 

Q: Are there any laws, restrictions or regulations which are particular to the culture of your country 

which affect advertising, e.g., Swedish gender equality law ? 

A: In addition to the prohibitions/restrictions on advertising for tobacco products 

and alcoholic beverages, the Loi Toubon is very particular to the French advertising 

culture. The Loi Toubon provides for a mandatory use of the French language in many 

fields, among which any kind of advertising directed towards the French. Should an ad be 

in a foreign language, the law requires that a translation of what is said/written be 

provided. 


disseminated in your country ? 

A: Certain trends in the people’s mentality are worth noting, as they have effects on 

what the advertisers choose to do. In particular, a current trend is that ads should not 

discriminate against women. 

For instance, Nestlé recently decided to withdraw a new advertising campaign for readymade 

frozen meals which presented, on posters, two young women (a blond one and a 

dark-haired one) along with the catch-line “Seven minutes of intelligence per day” (seven 

minutes being the time necessary to cook the meal). The feminist network La Meute 

considered that the ads were sexist. 


country ? 

A: In light of the constraints and in some areas detailed rules extant in France, 

whether or not the advertiser is working with or through an agency, when coming from 

abroad, it is advisable to seek prior clearance through the BVP and /or counsel.

GERMANY 

Dr. Peter Schotthöfer 

Schotthöfer & Jennes 

pwsjur@schotthoefer.de 



“Gesetz gegen den unlauteren Wettbewerb” (mainly) ( UWG ) 


A: Yes No 

The deal with ca. 300 cases per year in average ( e.g. sex in advertising, women in 

advertising, “good manners” etc. ). 



A: see above 


A: Yes ( based on the EU - Directive) No 


comparisons? 

A: The German law follows exactly the EU Directive 97/55 EG 


A: Yes No 



Radio Yes No 


Print Yes No 


A: alcohol, tobacco, prescription drugs, medicine 



A: The image/name of person are protected. 

The photographs for advertising purposes are protected. 

The prior permission is obligatory. 

Consequence: - stop of use - compensation ( no punitive damage). 





A: Yes x No 

The basis is the UWG ( comparative advertising ), the trademark law, 


A: Yes: there is the “Preisauszeichnungsverordung” ( if a price is mentioned in an ad 

it has to follow the guidelines of this law but is not obligatory to mention a price ). 



A: Yes No 




A: there are norms as probably everywhere but they are not really of relevance 


country? 

A: since there is no authority which supervises the advertising one has to stop an ad 

only if a competitor takes legal action. ( Here is a saying: “ where is no 

competitor/plaintiff there is no judge”)

GREECE 

Corina Fassouli- Grafanaki 

Law Office of W. Muchtaris / C. Fassouli & Partners 

lawofmf@otenet.gr 


A: National 

Advertising in Greece is regulated by laws, presidential decrees, ministerial decisions and 

self – binding codes and regulations that apply for the entire Greek territory. 


A: Currently done by EDEE (Hellenic Association of Advertising Communications 

Agencies) and SDE (Greek Advertisers’ Association), a new non-profit SRO (Self 

Regulatory Organisation), is being formed to take over all advertising self regulatory 

functions. 



A: The main activities of the SRO system at present are the following: 

Copy advice / pre-clearance 

The SRO does not provide pre-clearance or copy advice to advertisers or 

advertising agencies. A Committee (First Degree Committee) may, on request, offer nonbinding 

advice to the media. 

Monitoring 

A member of the EDEE Board and the Director General of the SDE monitor all new 

television advertisements on a weekly basis, and try to resolve any potential problems 

before a Committee is involved. They also take action regarding advertisements in other 

media, brought to their attention either by the press or by EDEE and SDE staff. 

Complaints handling 

A complaint must be addressed in writing to the First Degree Committee, together with 

the identity of the complainant, details of the offending advertisement and of the 

articles of the Hellenic Code of Advertising-Communication Practice which are allegedly 

breached. The Committee decides within two days whether a complaint is well-founded. 

If the Committee decides that the complaint is unfounded, the complainant is informed 

and the case is closed. If the case is accepted, it may be treated by standard or by «fast 

track» procedure. Except in cases of non-compliance, decisions are not made public and 

all parties involved are required to respect strict confidentiality. Summaries of prior year's 

decisions are made available for consultation at the EDEE and SDE offices. 


A: Yes


comparisons? 

A: In general terms and according to article 8 of the Law 2251/1994 (for the 

protection of consumers) comparative advertising is allowed on the condition that the 

advertisement compares in a objective way the essential, relevant, verified and 

impartiality selected characteristics of the competitors’ goods or services and that: 

- it is not misleading 

- it does not create confusion in the market between the advertiser and a competitor or 

between the advertiser’s competitors or between trademarks, badges, goods or services 

of the advertiser and those of competitors 

- it is not depreciatory, slanderous or contemptuous for the competitor 

- it does not take advantage of the goodwill attached to the trade name or the symbol of 

a competitor 


A: Yes 


A: 

Television & Radio: Yes 

- Any form of tobacco and relevant products 

- Prescription drugs 

- Alcohol to minors 

- Telemarketing: children products 

- Advertisements that encourage children to buy products by mail or phone order 

- Bets conducted by non authorized organizations or individuals in relation to the outcome 

of horse races or games or sports 

- Advertisements which are obviously offensive to public and human decency 

Internet Yes 

- Pretty much the same as above + 

- Advertisements that encourage online gambling 

- Advertisements addressed to minors for the promotion and online selling of products or 

services 

Print Yes 

Advertisements that can be considered: 

- offensive to public or human decency, in the cases stipulated by law 

- discriminative (race, gender, religion or nationality) 

Outdoor Yes 

Same as above + 

- tobacco advertisements are prohibited in or near places providing health services, youth 

or sports centers, and educational institutions of any kind. 



A: Advertisements cannot represent (depict) or refer to any person, either as an 

individual or a public person without its prior consent. 





A: It could be considered misleading in addition to violating trademark, copyright 

and industrial property rights and taking advantage of the goodwill attached to the 

trade name or the symbol of another firm or product. 


A: 



A: I think articles 4 and 5 of the Greek constitution pretty much cover it, where: 

- All Greeks are equal before the law. 

- Greek men and women have equal rights and equal obligations. 

- All persons living within the Greek territory shall enjoy full protection of their life, 

honour and liberty irrespective of nationality, race or language and of religious or 

political beliefs. Exceptions shall be permitted only in cases provided by international law. 

Insults against the person of the President of the Republic and the constitution or 

offences against the Christian religion are not appreciated either (article 14). 




A: Let’s just say that if Amnesty International is against it, so should you. 


country? 

A: Data protection laws and regulations are pretty strict and advertisers 

should always get advice in advance.

HUNGARY 

Matías Vallejos Meana 

Salló Ügyvédi Iroda 

sallolaw@mail.datanet.hu 


A: Federal (National) Regional Both 


A: Yes No 



A: There are several self-regulation organizations present in Hungary. The 

leading organization is the Hungarian Advertising Association (MRSZ), a national tripartite 

organization (comprising advertising and media agencies, local advertising services, 

television and radio broadcasters, leading newspapers and magazine publishers and 

major marketers) created in 1975 and which created the Hungarian Code of Advertising 

Ethics. 

The Ethical Committee of the MRSZ issues positions and recommendations, which 

are generally obeyed (e.g. more than 90% of the cases). Its decisions are regularly 

published and in the case of public interest, published in mass media. 


A: Yes No 


comparisons? 

A: Comparative advertising: 

a) cannot be misleading, 

b) must not injure the reputation of another company or the name, merchandise, brand 

name and other marking of such company, 

c) must not produce confusion between the advertiser and another company or the 

name, merchandise, brand name and other marking of such company, 

d) must not produce any unfair advantage derived from the reputation of another 

company or the name, merchandise, brand name and other marking of such company, 

e) must not imitate the merchandise of another company or the characteristics of such 

merchandise. 

Comparative advertising

a) shall be allowed to compare only goods which are similar in terms of purpose and 

function, 

b) must objectively compare one or more features of the goods in question which are 

definitive and typical, and which can be confirmed, 

c) must objectively exhibit the prices, when applicable, 

d) shall pertain to goods of the same origin, when applicable. 

In respect of legitimate comparative advertising the holder of a trademark shall not 

contest the use of his trademark in the comparative advertisement on the basis of 

exclusivity, if such use is appropriate, if it is essential for the purpose of comparison and if 

not used excessively. 

The findings of a comparative study prepared by a third party may be published or 

referred to in advertising only with the express prior consent of the party responsible for 

such study. 

It is forbidden to publish any advertisement that contains a comparison 

a) with a fictitious product or company, 

b) with a product that is not available in commercial circles, 

c) with a product or company that cannot be clearly identified, 

d) with a product or company not of similar nature, whereby to purport or pretend a true 

option. 


A: Yes No 


A: Advertisements popularising and describing tobacco goods, weapons, 

ammunition, explosives, medicines available only on a doctor's prescription and 

therapeutic processes, are not permitted for TV, radio, internet, print or outdoor 

advertising. 

In addition, there are restrictions regarding advertising of alcoholic drinks. 



A: With the exception of public performances, the consent of the person affected 

shall be required for the public use of his likeness or recorded voice. 

An advertisement may not use the name, picture, sound recording or statement of a 

person without his/her express permission. 





A: Yes No

It is prohibited to use a name, marking or commodity marker in an advertisement in any 

“unjustified way”. 


A: Advertisements containing a special offer (all offers, which differ from common 

commercial practice due to their unique features in terms of time, quantity, quality or for 

other reasons, such as, in particular, seasonal sales promotions, clearance sales, discount 

sale offers whether temporary or tied to a special event, and any promotions for gifts or 

prizes), including special price offers, can be published if it clearly and plainly states the 

product to which it pertains, as well as the period or duration for which it is offered, or 

that it is offered for a product from a specific date as long as such product is available. 

The Competition Council has decided several cases related to sales advertising based 

on Section 10 of the Act LVIII of 1997, which prohibits to employ business methods 

restricting unjustifiably the consumer’s freedom of choice. Particularly qualify as such a 

method whenever such circumstances are created which make it substantially more 

difficult to assess objectively the actual worth of the goods or the offer, and to compare 

the goods or the offer with other goods or another offer. For example, if a discount is 

advertised, it must be a real discount, related to the products previously sold in the store 

where the sale takes place, and not a fictive discount (based in presumed market 

prices). Moreover, they must be products of the same quality, the store must have a 

minimum stock of the advertised sale products. 

It must also be indicated whether the prices include or not VAT. 



A: Yes No 

Act XCVI of 2001 on the publication of business advertisements and shop inscriptions in 

the Hungarian language. According to this act the texts of advertisements (except for 

company names, markings and brands) in publications, radio and TV, outdoor 

advertising, including slogans, must be in Hungarian. 

This prescription may also be observed if the text appears in a foreign language 

together with the same text in Hungarian, which must be of the same size and 

perceptibility. 




A: Not applicable. 


country? 

A: IT is convenient to take Hungarian law advice before proceeding.

INDIA 

Sharad Vadehra 

Kan and Krishme 

knk@kankrishme.com 


A: Both 

Advertising is regulated on both federal and regional level in India. In order to regulate 

various types of advertisements both the Central and the State Governments can 

legislate. However, most of the statutory framework is laid down by the Union Parliament. 

Some of the laws which regulate advertisement in India through specific provisions are 

Drug and Magic Remedies (Objectionable Advertisement) Act, 1954, Monopolistic and 

Restrictive Trade Practices Act, 1969 (“MRTPA”), Cable Television Networks (Regulation) 

Act, 1995, Consumer Protection Act, 1986 etc. The Indian courts are also active in 

establishing an effective advertising standard regime. 


A: Yes 



A: In order to enforce an ethical self regulating code, the Advertising Standards 

Council of India (ASCI) was set up. Inspired by a similar UK code, it follows the following 

basic guidelines for fair advertising practices in the interest of the consumers: 

Ensure the truthfulness and honesty of representations and claims; 

Ensure advertisements not offensive to generally accepted standards of public decency; 

Safeguard against promotion of hazardous products and products unacceptable to 

society at large; and 

Ensure that advertisements observe fairness in competition for informed consumers and 

consistent with canons of generally accepted competitive behaviour in business. 

ASCI has a complaints handling system in place and a few complaints have been 

handled by ASCI and written decisions have been rendered. 


A: Yes, to a limited extent if based on absolute facts without any disparagement to 

others goods. 


comparisons? 

A: Competitive comparisons (in a general manner) are permissible under the Indian 

laws to a certain extent to propagate the factual details to the customers. However, no 

direct reference to a competitor is permissible. Further the MPTPA specifically debars

giving false or misleading advertisements disparaging the goods, services or trade of 

competitors. The courts have been taking serious note of such misleading 

advertisements. Even statements which disparage indirectly in a subtle way are not 

permitted. 


A: Yes 


A: 

Beverages / 

Alcohol 

Not permitted. Print (except newspapers) and outdoor do allow 

indirect advertising. Satellite television accepts alcohol 

advertisements directly. 

Cigarettes Not permitted on air media - including satellite. 

Pharmaceuticals / 

Drugs 

Advertisement of cure, illness, diagnosis and treatment by 

correspondence, colleges, clinics, institutes, laboratories plus 

many more have very specific rules. 

Other No infant food advertising is acceptable. Overseas commercials 

are accepted. No language restrictions exist. 

Further the goods or services advertised on Cable Television shall not suffer from any 

defect or deficiency as mentioned in Consumer Protection Act, 1986. No references 

which infer special, miraculous or super-natural property, which is difficult of being 

proved. No disparaging others goods whether directly or indirectly. 



A: Yes the privacy of famous people regarding their reference /use 

/endorsement without their express permission is actionable under the common law and 

a claim for damages lies; also an unfair trade practice under the MRTPA. Any 

advertisement representing a sponsorship, or approval which such seller / manufacturer / 

supplier / goods / services does not have is an illegal unfair trade practice. 





A: Yes, if the affiliation or endorsement is construed an unfair trade practice. 

The usage of other persons’ products in an advertisement without permission constitutes 

an unfair trade practice under the MRTPA. False endorsement or affiliation is looked 

upon very strictly by the courts. There have been a number of cases where cease and 

desist orders have been passed by the Courts in case of such practices. 


A: Yes, the MRTPA restricts any advertisement materially misleading the public 

concerning the price at which a product/service or its like product/service is ordinarily

sold or provided. The practice of announcing reduction from ‘former prices’ will be 

covered under this. Sometimes the ‘former price’ may be fictitious and it is this type of 

practice which is sought to be restricted. Therefore ads should not claim reduction of 

prices if such reduction is not factual. Similarly if a price is advertised to be the final price 

inclusive of all charges and taxes there cannot be a surprise to the customer after the 

purchase transaction, in the form of additional consideration for say installation or under 

any other head. 



A: Yes 

Advertisement restrictions based on cultural and social factors are not new to India. For 

example advertising carried in the cable service shall be so designed as to conform to 

the laws of the country and should not offend morality, decency and religious 

susceptibilities of the subscribers. No advertisements are permitted which :- derides any 

race, caste, colour, creed or nationality; tends to incite people to crime, cause disorder 

or violence, or breach of law or glorifies violence or obscenity in any way; exploits the 

national emblem, or any part of the Constitution or the person or personality of a 

national leader or a State dignitary, in its depiction of women violates the Constitutional 

guarantees to all citizens. In particular no advertisement shall be permitted which 

projects a derogatory image of women. Women must not be portrayed in a manner that 

emphasises passive, submissive qualities and encourages them to play a subordinate, 

secondary role in the family and society. The operator shall ensure that the portrayal of 

the female form in the advertisement programs carried in his service, is tasteful and 

aesthetic, and is within established norms of good taste and decency, exploits social evils 

like dowry, child marriage. Further no advertisement shall be permitted the objects 

whereof are wholly or mainly of a religious or political nature; advertisements must not be 

directed towards any religious or political end. No advertisement shall contain references 

which are likely to lead the public to infer that the product advertised or any of its 

ingredients has some special or miraculous or super-natural property or quality, which is 

difficult of being proved. The picture and the audible matter of the advertisement shall 

not be excessively 'loud'. No advertisement which endangers the safety of children or 

creates in them any interest in unhealthy practices or shows them begging or in an 

undignified or indecent manner shall not be carried in the cable service. Indecent, 

vulgar, suggestive, repulsive or offensive themes or treatment shall be avoided in all 

advertisements. 




A: India is an extremely sensitive country as regards the socio-cultural and 

religious issues. Any type of advertisement which has even the remotest possibility of 

even indirectly offending the cultural, social and religious sentiments of its populace 

should be avoided. Apart from law the people are very sensitive to these issues and it is 

not in their nature to ignore the contents, even the subtleties in them. For example there 

was a lot of hue and cry recently on certain advertisements of fairness creams and 

eventually the manufacturer was forced to pull out such advertisements bowing to the 

sentiments of people on this issue. Similarly any religious comments should also be kept 

out of the realm of advertisements in India (for example there were a lot of protests when 

REEBOK advertised its shows signed by Mohammad Azharuddin (famous sportsman -

cricketer), it was protested that the name of Mohammad cannot be inscribed on 

footwear}. On balance though the Indians are extremely receptive and adjusting of 

others thinking and cultures they are very touchy on certain cultural, social and religious 

issues. 


country? 

A: The Indian populace is very receptive to advertisements as such. There is 

a large fan following to even the advertisements on any media. Recognition is also 

accorded even at the Government level to better advertisements in the form of awards 

etc. This is the reason for the great advances in this field. However, the advertisers may 

generally be better off by keeping away from the religious, cultural or social subjects, 

since even any indirect disparagements even unintended are not taken kindly. Similarly 

obscenity is also not welcome for the large chunk of viewers. Any advertisement which 

tends to be unpatriotic is also abhorred. Historical subjects are favourites with the Indian 

populace.

IRELAND 

Conor Griffin 

Duncan Grehan & Partners 

mail@duncangrehan.com 


A: Not applicable in Ireland 

Advertising legislation is drafted by the relevant Government department and once 

enacted applies to the whole of the country. It is then regulated on a national basis as 

opposed to each region regulating itself. 


A: Yes 



A: he Advertising Standards Authority of Ireland (ASAI) is a private organisation set 

up and financed by the advertising industry. It publishes a code on Advertising and Sales 

Promotion practices which members must adhere to. Complaints can be addressed to 

the ASAI by any member of the public or competitor of the advertiser. 


A: Yes 


comparisons? 

A: Comparative Advertising is permissible once the consumer is not misled by the 

comparison about either of the products mentioned. The Broadcasting Code and the 

ASAI Code both set out principles dealing with comparative advertising. The subject 

matter of the advertisement should not be chosen so as to give the advertiser an unfair 

advantage and claims should be capable of substantiation. 


A: While not specifically required a court might seek substantiation of any claim 

made in an advertisement. In addition the ASAI code states that any claim should be 

capable of substantiation and advertisers should be in a position to forward proof of the 

claim upon request from the ASAI. 



Radio Yes

Internet Yes 

Print Yes 

Outdoor Yes 

A: Products which are regulated specifically include tobacco, alcohol and prescription 

medicines. While alcohol can be advertised the advertisements are strictly regulated. 



A: The right to privacy is found in the common law. This includes the law of 

confidence, the law of negligence, the law of trespass, the law of nuisance, the law of 

surveillance and intimidation, the law of defamation and the law of privilege. Privacy is 

also protected by statute law relating to copyright, broadcasting and confidential 

information. The Irish Constitution of 1937 does not provide for an express right to privacy 

but does provide for certain personal rights which requires the State to protect and 

vindicate a citizen’s implied right to constitutional privacy. 





A: No 

The Trademarks Act, 1996 states that a registered trade mark shall not be infringed by the 

use of another registered trade mark in relation to goods or services for which the second 

trade mark is registered provided that such use is in accordance with honest practices in 

industrial and commercial matters. 

In addition the ASAI code states that advertisers should not make unfair use of the 

goodwill of a registered trade mark. 


A: The Consumer Information Act, 1978 sets out regulations on price advertising, 

particularly prices in sales promotions. The European Communities (Requirement to 

Indicate Product Prices) Regulations 2002 introduced to Irish law in March 2003 also set 

out strict regulations concerning the display of prices and state that retailers must show 

the selling price and unit price of products. 



A: No 




A: Irish culture is still influenced strongly by religion and morals and advertisements 

which have a sexual theme, which might be insignificant in the eyes of most people,

often run the risk of complaints and may have to be withdrawn on the direction of the 

ASAI if it is found that it causes offence. 


country? 

A: Yes, take local legal advice!

ISRAEL 

David Wolberg 

David Wolberg Intellectual Property Law 

dwolberg@netvision.net.il 

Q: Is advertising regulated on a federal or regional level? 

A: Federal/National Regional Both 

Advertising is regulated on the national level. Knesset (Israel Parliament) enacted 

Laws such as the Consumer Protection Law-1981 and the Second Television and 

Radio Authority Law-1990, cover a large portion of advertising law. 

Some of the primary legislation delegates regulation powers to individuals/bodies 

such as the Minister of Industry and Finance and to the Second Television and 

Radio Authority Council. 

Q: Does the advertising industry in your country engage in any form of self regulation? 

A: Yes No 


writing, are they reported anywhere? 

A. N/A. 


A: Yes NO 


advertisements? 

A: The Second Authority Television and Radio Rules (Television Advertising Ethics)- 

1994, stipulate the following with respect to comparative advertisements: 

o The compared products must be similar and the bases for comparison are 

identical. 

o The points of comparison will refer to facts which can be substantiated and the 

comparison must be represented in a fair manner. 

o The compared product cannot be presented in a manner that creates an 

artificial advantage to the advertised product. 

o It is prohibited to claim that the advertised product is generally superior based on 

a limited comparison. 

In addition, the Consumer Protection Law-1981, prohibits misleading consumers, 

which is often associated with comparative advertisements.

Q: Is Pre-existing substantiation required for claims made in an advertisement? 

A: Yes NO 

Pursuant to Rule 42 of the Second Television and Radio Authority Rules (Television 

Advertising Ethics)-1994, television broadcasters will not broadcast advertisements 

related to health matters, medicine or medical treatment unless the advertisers 

submit an appropriate medical opinion relating to the advertisement’s 

trustworthiness. 

Medical substantiation is also requested for advertisements relating to food 

alleged to be healthy, dietary additives, weight loss and body shaping 

treatments. 


A: 

Tobacco 1 Yes No 

Television X 

Radio X 

Internet X 

Printed Matter For Minors X 

Outdoor X 

Alcohol Targeted At Minors 2 Yes No 

Television X 

Radio X 

Internet X 

Printed Matter For Minors X 

Outdoor X 



A. The Privacy Protection Law-1981, prohibits the use of a person’s name, nickname, 

picture or voice for the purpose of profit. Additionally, the Second Authority 

Television and Radio Rules (Television Advertising Ethics)-1994, prohibits the 

broadcasting of an advertisement that infringes a person’s privacy. 

1 

For additional information, see a summary of the Restriction of Advertising Tobacco for Smoking Law, 1983 in 

the Israel Country Report 

2 

For additional information, see a summary of the Consumer Protection Regulations (Advertisements Targeted At 

Minors), 1991 in the Israel Country Report

Moreover, unauthorized use of people in advertising may result in legal action 

under the Law Against Defamation 3 . 


product’s owner’s permission? For instance, if a mustard company used a very recognizable 



A: Yes NO 

Such an action is possible if the plaintiff can establish a trademark infringement 

(per the Trademark Ordinance-1972) or passing off (per the Commercial Torts 

Law- 1999). Moreover, the Consumer Protection Law-1981, prohibits misleading 

consumers. 

However, ordinary use of the automobile will not constitute a basis for legal 

action. 

Q: Are there any laws, restrictions or regulations with respect to price advertising? 

A: Yes NO 

Per the Consumer Protection Law-1981, it is prohibited to advertise the price of a 

product or service, unless the price is the entire price, in local Israeli currency. 


country which effect advertising, e.g. Swedish Gender Law? 

A: Yes No 

The Second Authority Television and Radio Rules (Television Advertising Ethics)- 

1994, stipulate that it is prohibited to broadcast an advertisement that is harmful 

towards good taste, human dignity or public sentiment. Additionally, it is 

prohibited to broadcast an advertisement that agitates racism or discrimination, 

contains an excess of violence or frightful content. 


disseminated in your country? 

A: Care should be taken when an advertisement contains sexual content 4 . 

Q: Are there any other general advice or cautions you would give to advertisers in your country? 

A: Care should be taken when targeting youth. 

3 

For additional information, see a summary of Ariel McDonald Vs. McDonald’s Ltd. et al in the Israel Country 

Report 

4 

For additional information, see a summary of Yifora Tabori Ltd. Vs. The Second Television and Radio Authority 

Council et al in the Israel Country Report

ITALY 

Felix Hofer & Maria Luisa Cassandro 

Hofer – Lösch -Torricelli 

fhofer@hltlaw.it 

mlcassandro@hltlaw.it 


A: Both 

N.B.: the local system is different: there are no Federal Laws, but only National Laws, 

frequently implementing the principles set by the Directives of the European Union. The 

“Regions” – i.e. Districts, comprehending a particular geographic area as Tuscany, 

Lombardy, etc., with an administration independent from Central Government, have a 

limited legislative competence for additional ruling of specific aspects. Sometimes even 

local, i.e. municipal, regulations may become relevant 


A: YES 

It’s administered by the Istituto di Autodisciplina Pubblicitaria – IAP (Institute for Self- 

Regulation in Advertising), an industry organization, basically private, but public TV is a 

member of the system too. The system works for the whole marketing sector, members 

are: Advertisers (through their Association UPA), professionals performing services in the 

branch (agencies, technicians, providers, generally through their associations), all the 

media (Press, TV, Radio, directly as well as through their Associations) 

During recent years the Institute for Self-Regulation in Advertising has constantly handled 

about 1.000 cases per year. 



A: (1) Self-regulation is based on the provisions of the Codice di Autodisciplina 

Pubblicitaria – CAP (Advertising Self-Regulation Code), based on a contractual 

agreement and applied through a standard clause included in all contract forms used 

by the members to the IAP. Said code was adopted in 1966; it’s periodically reviewed 

and adapted; currently the 32nd edition is in force. 

The Code contains: (a) Rules of Behaviour, (b) Special Rules governing Sales Systems as 

well as certain Product Categories, (c) Complaint system (procedure, organs and 

sanctions), (d) Protection of Advertising Ideas / Creative Concepts, (e) Social Advertising 

(which includes fund rising for social, humanitarian, health-care initiatives). 

(2) The system can be activated: 

- ex officio by the Review Board,

- by a consumer (singularly as well as through a consumer protection association) with a 

claim submitted to the Review Board. Said Board may ask for changes of the campaign 

or issue a desist order, inviting to stop the campaign, 

- by a claim submitted to the Jury (a standing as everyone who feels that his interests are 

suffer a prejudice by a promotion, performed – in violation of the Code – by a subject 

bound (through personal membership, adherence to an association member of the IAP, 

or by acceptance of the standard clause) to comply with the Code’s provisions. 

(3) The Jury renders its decision “at the end of the discussion. A summary of the findings is 

immediately communicated to the interested parties. When the decision establishes that 

the advertising does not comply with the rules of the Code and its Regulations, the Jury 

orders that the interested parties refrain from using it within the term set forth in the 

relevant Regulations. In the summary of the decision, information on the censured 

aspects of the advertising can be provided, if necessary. As soon as possible the Jury 

deposits its verdict with the Secretariat which than sends copies to the parties and to the 

other interested organizations”. 

No appeal is given against the Jury's decisions. 

Furthermore, (see article 40 of the Code) “Extracts of all decisions are published by the 

Secretariat in the bulletin and in the Web site of the Istituto dell'Autodisciplina 

Pubblicitaria with the names of the parties concerned. The Jury may order that abstracts 

of decisions be disclosed to the public by the Istituto, also with the name of the 

interested parties under the terms and in media that are deemed appropriate. The 

extract is prepared by the referee and signed by the President. The parties concerned 

cannot use the decision for advertising purposes”. 

According to article 41 “The advertising media which directly or through their 

Associations have accepted the Code of Advertising Self-Regulation, even if they were 

not involved with the proceedings before the Jury, are obliged to observe its decisions” 

and to article 42 “Should the party bound to observe the decisions of the Jury or of the 

Advertising Review Board fail to do so within the term set forth in the relevant Regulations, 

the Jury or its President, order that public notice of such non-observance be given to the 

public, through the media specified by the Jury itself, giving appropriate instructions to 

the Istituto dell'Autodisciplina Pubblicitaria. To this end, the President of the Jury, once he 

receives a request to proceed as above, decides that the proceeding be handled 

following the ordinary procedure if the case of non-observance is not evident; if it is so, 

the President, with a provision concisely reporting the rationale, orders that the nonobserved 

decision be published, informing the interested parties and advising of their 

right to file opposition within the final term of five clear working days. Failure to file 

opposition or to comply with the above term is acknowledged by the President of the 

Jury. In such cases the decision becomes enforceable and, certified as such by the 

Secretariat, is communicated to the interested parties. If the opposition filed within the 

specified term is clearly groundless, the President validates his own provision; otherwise 

he decides to revoke it and consequently orders that the proceedings be handled 

following the ordinary procedure”. 

Finally, the Management Committee of the IAP has established “that the condemned 

advertising should cease within seven working days, in relation to the following media: 

TV, radio, newspapers, posters. This term is intended to be the deadline and starts from 

the working day following the hearing where the Jury decision is delivered. On the day of 

the decision the Secretariat of the Institute communicates the decision to all interested

parties and media, which will take care of eventually informing other interested parties of 

said decision”. 

As to the decisions of the Review Board, “the term for compliance starts from the working 

day following receipt of the order once it is final. Considering that media different from 

those above-mentioned have specific characteristics, compliance with the cease order 

shall be required within strict time requirements. More time may be considered by the 

Jury should specific technical requirements be met”. The Committee has also established 

that “The advertiser, being responsible for a timely and effective enforcement of the 

decisions concerning his advertising, is requested to inform in writing (also by fax) the 

Secretariat of the Institute, within the working day following the day in which the Self- 

Regulation decision becomes final, that he has already taken steps to stop the 

concerned advertising, within the final term as above mentioned, on all media 

planned”. 

(4) As to the effectiveness of the self-regulation system, even if the Self-Regulation system 

cannot provide for sanctions as fines or damage restoration, consider that all the 

relevant players in the advertising and marketing field are members to the IAP. So, in 

cases of violations of the Code and decisions rendered by the Jury or the Review Board 

professional image is at stake. Nobody likes to be known in its branch as an unfair player. 

Therefore, the system works – and worked for more than 35 years – in a pretty effective 

way. Furthermore, if one of the subjects involved (advertisers, agencies / service 

providers, media companies) could theoretically be prepared to not comply with a 

decision, is probable that such an attitude would not be shared by the other players. 

In addition it has to be considered that according to the Italian Civil Supreme Court 

(Corte di Cassazione) ordinary courts, when called to assess the standards of “fair 

practice” and the general rules of conduct relevant for the advertising sector, may refer 

to the Self-Regulation Code as well as to the Jury’s decisions (so 1st Chamber, judgment 

no. 1259 of February 15th, 1999). 


A: YES 

Comparative advertising in countries members to the European Union is ruled by the 

Directive no. 55 of 1997 (amending the previous Directive on misleading advertising), 

which fixes the conditions and terms for comparative campaigns. In Italy the Directive 

has been implemented through Law by Decree no. 67 dated February 2nd, 2000 

(effective since March 28th, 2000) 


comparisons? 

A: (1) According to the mentioned Directive no. 55/1997, comparative advertising 

may regarded as permitted if the following conditions are met: 

- it is not misleading, 

- it compares goods or services meeting the same needs or intended for the same 

purpose, 

- it objectively compares one or more material, relevant, verifiable and representative 

features of those goods or services, which may include price,

- It does not create confusion in the market place between the advertiser and the 

competitor, 

- it does not discredit or denigrate the trademarks, trade names or other distinguishing 

signs of a competitor, 

- for products with designation of origin, it relates to products with the same designation, 

- it does not take unfair advantage of the trademark or other distinguishing signs of a 

competitor, 

- it does not present goods or services as imitations or replicas of goods or services 

bearing a protected trademark or trade name. 

(2) As a first reaction to the above-mentioned Directive no. 55/1997 the Advertising Self- 

Regulatory system adopted a new text of Article 15 of the Code, stating: “Comparison is 

allowed to illustrate technical or economic advantages or characteristics of goods and 

services, objectively comparing relevant, verifiable and representative features of those 

goods and services, meeting the same needs or intended for the same purposes. 

Comparison should be fair, not misleading, it should not create confusion, not discredit or 

denigrate other products or services. It should not take unjustified advantage of other 

notoriety “. 

(3) In the following Law by Decree no. 67 of February 25th, 2000 came into force, which: 

- defines "comparative advertising" as “every advertisement, which implicitly or explicitly 

identifies competitor's products or services”, 

- as to the conditions of legal comparative advertising, strictly refers to the principles set 

by the Directive explicitly defining the concept of comparison verifiability, 

- states that the Authority on Competition and Market is in charge to deal with all claims 

concerning comparative ads, 

- also clarifies that the subjects entitled to start legal proceedings are advertisers, 

consumers, and their representative associations, 

- reserves to ordinary Courts the competence on matters concerning unfair competition 

(as ruled by article no. 2598/2 of the Italian Civil Code), trademark and copyright. 

- allows that cases concerning comparative advertising can be dealt with as well by 

industry self-regulation. 


A: According to legislative decree no. 74 of January 25th, 1992 (on misleading and 

comparative advertising) and according to article 6 of the Self-Regulation Code the 

general rule is that “substantiation is required. Said substantiation must be available on 

request, so it’s not necessary to have it prepared in advance. Sometimes it may be useful 

to do so, especially when it results difficult to demonstrated certain facts or 

circumstances a posteriori. 


A: In general, special rules apply to advertising targeted to children / minors or 

concerning financial services. In addition there are limitations as to advertising for certain 

products. 

For example: 

- as to alcoholic and super-alcoholic drinks ads are banned (even for indirect 

advertising):

- during TV programs for children as well as during the 15 minutes precedent and 

following their broadcasting, 

- when it assures therapeutic benefits deriving from said drinks, 

- when it shows children consuming alcoholics, 

- when its performed in places where children mainly use to go, 

- when it’s broadcasted between 4:00 am and 7:00 pm. 

- advertising for tobacco products and pharmaceuticals subject to medical 

prescriptions is totally banned. 

Television: No as to: tobacco products, pharmaceuticals and 

medical treatment, alcoholic beverages, 

Radio No, as above 

Internet No, up till now there is now specific regulation as to 

Internet, the general rules apply, 

Print Same restrictions apply 

Outdoor The general rules apply, in addition special provisions 

have to be considered. Billboard and Poster advertising may 

conflict with protection of the landscape and the environment in 

general. This kind of advertising often arouses strong local public 

concern, which, due to the historical characteristics of a great 

number of towns and villages in Italy, may easily produce negative 

reactions. Local authorities may submit billboards and signs to 

screening. A general provision subjects all installations (including 

advertising billboards and other similar installations), which in some 

way affect nature areas, historic sites or monuments of art, to a 

requirement of prior approval. Additional provisions enable 

different government bodies to control outdoor advertising through 

permits. Local communities (as Municipalities) regulate erection of 

billboards (quite often through specific regulations). Finally, the 

Code of Traffic contains special prescriptions and bans with 

respect to so called “outdoor advertising” along roads and railroad 

tracks. 



A: (1) Privacy: As a general principle, processing (i.e. collection, storage & transfer) 

of personal data is subject to EU regulation as well as to national implementing provisions 

set for data protection (in Italy, Law n° 675, dated 31.12.1996, successively amended). 

According to said Law, it’s required to preliminarily inform the “data subjects” (in the 

specific case the customers, who’s data are processed) as to: 

- the purposes and modalities of their personal data’s processing, 

- the subjects, which the data can be communicated to, 

- the area where said data may be disseminated. 

Furthermore, in many cases customer’s prior consent for collecting and processing 

personal data has to be obtained. Generally, collection is permitted as to data simply

identifying a natural person (e.g. name, address, e-mail address, available on public 

directories), so called “sensitive data” are excluded. 

(2) Famous people: The already mentioned Code of Advertising Self-Regulation 

considers the use of famous people for advertising purposes under various angles. Find in 

the following the most relevant provisions: 

- article 2 (Misleading Advertising) states that “Advertising must avoid any statement or 

representation likely to mislead consumers, even by means of omissions, ambiguity or 

exaggeration that are not obviously hyperbolical, particularly regarding the 

characteristics and effects of the product, its price, any free offer, its conditions of sale, its 

distribution, the identity of persons shown, prizes or awards”, 

- according to article 4 (Testimonials) “Testimonials must be authentic, responsible and 

verifiable” and article 6 (Substantiation of the Truth of the Message) “Whoever makes use 

of advertising must be able to substantiate, at the request of the Jury or of the 

Advertising Review Board, the truthfulness of the data, descriptions, statements, 

illustrations and testimonials used”, 

- article 13 (Imitation, Confusion and Exploitation) holds that “Any advertising that copies 

or imitates slavishly must be avoided even if relating to non-competitive products, 

particularly if likely to create confusion with other advertising. In addition, any 

exploitation of the name, trademark, notoriety and corporate image of others must be 

avoided, if intended to generate an undue advantage”, 

- the Code’s special rules applying to advertising to Medicinal Products and Curative 

Treatments (article 25) establish that “Advertising of over-the-counter medicinal products 

and curative treatments must avoid: ….. - making use of a recommendation by scientists, 

health professionals or persons well-known to the public, or of the fact that the medicinal 

product has been granted a marketing authorisation or referring in improper or 

misleading terms to claims of recovery”. 

(3) Look-alikes: 

As to this aspect, local rules providing the right to one’s own likeness have to be taken 

into account. The Italian Civil Code (article 10) provides that “when one’s own likeness 

(as well as his/her parent’s, or married partner’s or children’s likeness) has been showed 

or published besides those cases allowed by the law or it is likely to create prejudice to 

his/her dignity or reputation (as well as that of them), said person is entitled to invoke a 

judicial injunction to cease it and to condemn the liable for damages‘ compensation”. 

So, the general principle is that nobody can show or publish someone’s likeness without 

his/her prior consent, except when the celebrity of said person is so high that such 

diffusion is justified by a public interest (e.g. freedom of speech/press). But such 

exception may not be invoked when the diffusion/publication is exclusively aimed at 

commercial purposes. This principle has been applied even to TMs (see Royal Decree n° 

929/1941, article 21), which provides that “nobody is entitled to register as trademark 

someone’s likeness without the prior consent of the person”. 

Said provision does not allow the use of a famous person‘s likeness for commercial 

purposes. On the particular topic the leading case in Italy is “Mac. Corp. v. Armani and 

Armani Corp.”, decided by the Supreme Court in the 1991 (1st Chamber, May 2nd, 1991, 

no. 4785). Dealing with the explained principles, the Court has recognised to a famous 

person the right to forbid the use in a commercial of his own likeness without his express

consent. Confirming the Court of Appeals’ decision, the Supreme Judges have ordered 

to the Company held liable to cease the illegal diffusion and to compensate the victim 

for suffered damages. Following this precedent, said right has been extended even to 

the case in which someone’s likeness is diffused through a double. 

Possible way out: to use person very similar to the famous person, but having totally 

different somatic or racial characteristics. 

Moreover, the right to one’s own likeness could not be extended till to include even 

simple objects that could recall the famous person, the so-called “particular look”. 





A: It depends. 

(1) Trade marks: 

Under local law the Company, the holder of a registered TM is entitled to claim only the 

exclusive use of a trademark with reference to the goods and services belonging to the 

classes, which registration took place for. In fact, according to the Italian Trademark Law 

(Royal Decree n° 929 dated 21.06.1942) “the trademark registration grants to the owner 

the exclusive right only for those goods and services included in the class where it has 

been registered and for those similar to them”. 

Furthermore, the holder of a so-called “renowned trademark” may seek protection (i.e. 

exclusive use of its registered TM) even besides the limits of its registration. 

(2) Under the perspective of Statute Law the issue is governed by the Italian Civil Code 

(article 2598 on Unfair Competition). Said rule provides that: “Subject to the provisions 

concerning the protection of logos and patent rights, acts of unfair competition shall be 

performed by whomever: 

- uses names or logos which are likely to create confusion with the names or 

distinctive signs legally used by others, or closely imitates the products of a competitor, or 

performs, by any other mean, acts which are likely to create confusion with the products 

or activities of a competitor; 

- avails himself directly or indirectly of any other means which do not conform with the 

principles of fair behaviour in the trade and are likely to injure another’s business”. 

It has to be considered that: (i) Unfair competition can take place only between 

competing companies (so it is generally difficult to come up with a claim for unfair 

competition liability against an advertising agency; normally an agency can be sued in 

this context only through a general action in tort, article 2043 Civil Code, which implies 

that a strict burden of proof lies on the plaintiff, who would need to prove in court that 

the defendant has caused him - with fraud or negligence - an unfair damage, which 

furthermore would have to be substantiated through clear documentary evidence re 

compensation damages suffered, no punitive damage are admitted in our system); (ii) 

An act can be considered as unfair if it is likely to create confusion or anyway to 

damage another’s business.


A: YES 

In compliance with the Legislative Decree n° 84, dated 25.02.2000 (implementing the 

European Directive n° 6/1998 on Consumer protection with respect to prices’ indications) 

true and clear information about product’s prices must be offered to consumers. In 

addition the seller is required to indicate the price for unit of measure too, when it is 

different from the price of the single item. Finally, all prices must be indicated in Euro. 



A: No 




A: The mentioned Code for Self-Regulation in Advertising contains general rules of 

behaviour, according to which: 

- (Art. 8 - Superstition, Credulity, Fear) 

“Advertising must avoid in every form the exploitation of superstition and credulousness 

and, except in justifiable cases, of fear”. 

- (Art. 9 - Violence, Vulgarity, Indecency) 

“Advertising must not contain statements or representations of physical or moral violence 

or such which can be considered indecent, vulgar or repugnant according to the good 

state and sensibility of consumers”. 

- (Art. 10 - Moral, Civil, and Religious Beliefs and Human Dignity) 

“Advertising must not offend the moral, civil and religious beliefs of citizens. 

Advertising must respect human dignity in all its forms and expressions”. 


country? 

A. In a “digital age”, with business more and more going on-line, companies 

operative on an international basis should pay maximum attention to when they 

become subject to foreign laws (e.g. by using a foreign service provider or by using 

technical equipment located in a foreign country). In national legislations significant 

differences may be found as to the ruling of certain aspects of advertising; only a few 

countries have a systematic legal framework concerning advertising, many others have 

several different laws affecting the sector.

MALAYSIA 

Patrick Mirandah 

Ella Cheong Mirandah & Sprusons (M) 

malaysia@ecms-asia.com 


A: Both Federal and Regional 

On a Federal scale, the Ministry of Information regulates as well as comes out with 

guidelines for advertising. Whereas regionally, local authorities have their own 

laws and guidelines that govern advertising. 


A: No 



A: n/a 


A: No 


comparisons? 

A: n/a 


A: Yes 



e.g. alcohol beverages, tobacco, condoms, female hygiene products, female 

undergarments, male undergarments, sexual diseases, pharmaceutical goods, racially 

extremists groups, guns and armaments, gambling, religious denominations, political 

parties and funeral services. 

Radio: Yes, as above 

Internet: No 

Print: No 

Outdoor: Yes,

e.g. racially extremists groups, guns and armaments, gambling, religious denominations, 

political parties and funeral services 



A: The Malaysian Advertising Code states that advertisements should not portray or 

refer to living individuals, whether in their public or private capacities unless their 

permission is obtained. 





A: In Malaysia, if no permission is obtained from the product owner for use in an 

advertisement, the product owner would have a right of action to sue for false affiliation 

or false endorsement. 


A: There are no restrictions to price advertising. They are governed by the Trade 

Descriptions Act 1972. 



A: No. 




A: Yes, advertisements in Malaysia must depict Malaysian values, cultural sensitivity 

as well as reflecting the Malaysian identity and culture while conforming to the values of 

Islam which is the national religion. 


country? 

A: Besides conforming to the existing laws and regulations, advertisers are also 

required to promote social responsibility through advertising e.g. portrayal of civic 

mindedness as well desired behavioural attitudes in life.

MEXICO 

Roberto Arochi & Karl Tessmann 

Arochi, Marroquín & Lindner 

rarochi@aml.com.mx 

ktessmann@aml.com.mx 


A: Both 

Under the Mexican Legislation currently in force, a specific body of legislation that refers 

to Advertising Law does not exist. Therefore, it is necessary to research which Law, Code 

or Official Mexican Standard applies to each case. 


A: Yes 

The National Council for Advertising (Consejo Nacional de la Publicidad), has published 

a Code of Ethics in Advertising. 



A: The Code of Ethics of the National Council for Advertising does not contain a 

process for enforcing its provisions. However article 24 of this Code provides that “the 

Code will be applied and interpreted by the Honor and Ethics Committee of the 

National Counsel for Advertising. 


A: No. 

According to the provisions of the Industrial Property Law comparative advertising is not 

permitted. In particular, section X of article 213 prohibits any activities that may discredit 

the commercial or industrial activities of another party. 


A: Yes 

The Federal Consumer Protection Law and Mexican Official Standard NOM-050-SCFI- 

1994 order that all statements made in advertisement must be truthful and should not 

deceive consumers. 


A: Television & Radio: Yes 

Tobacco products and prescription medications may not advertised. Alcohol products 

may only be advertised during programs that start after 10:00 p.m.

There are several rules that apply to all manners of advertising and that relate to types of 

products, what should not be displayed in advertisements for these products, the 

different warnings that should be included in connection to them, among other 

restrictions. 



A: Article 87 of the Federal Author’s Rights Law provides that the image of a person 

may only be used with her express consent and the consent of her heirs. It is still unclear if 

the term “image” refers to portraits or it includes other distinctive features of the person. 





A: Yes 

According to section IX paragraph a of article 213 of the Industrial Property Law it is 

considered as an administrative infringement that a person in the course of industrial or 

commercial activities, makes consumers falsely believe that a relationship or association 

between a person and a third party exists. Furthermore, section I of this same article 

provides that it is an administrative infringement to conduct activities in industry, 

commerce and services that may be considered unfair competition. 


A: The Federal Consumer Protection Law provides that the prices that persons who 

advertise or offer a product or service for at a certain price must sell the products or 

provide the services with the advertised price. 



A: Yes. 

The Federal Author’s Rights Law, contains a title that provides protection for the national 

symbols of Mexico (i.e. National anthem, National Flag, etc.) and protection for literary, 

artistic, popular art or crafts of popular cultures (indigenous people and groups) that are 

considered as protected works under this Law. 




A: In our opinion the following topics should not be addressed in advertisement or 

approached with caution: 

a. Religion. Advertisement should not include any reference to any religion, their 

believes, traditions, origins, deities or public figures. This applies in particular to the Roman 

Catholic Church, since the largest portion of the population is affiliated to it; 

b. The indigenous groups of Mexico may be considered as a sensitive subject for a large 

portion of the Mexican population;

NETHERLANDS 

Jan Willem Fernhout 

Van Till Advocaten 

j. ferhhout@vantill.nl 


A: Both. 

The article 1401 on tort in the Dutch civil code used to cover all unfair and misleading 

advertising. In the revisited code of 1992 the numbering changed to 6:194 and also the 

EU directives on misleading and comparative advertising were incorporated. 

Other principal laws are the Merchandise Law, the Media Law, the Law on Games of 

Chance, and numerous special laws on particular goods and services.(drugs, alcohol, 

tobacco, sweets, loans ,etc.) 

All forms of outdoor advertising are regulated on regional level. 


A: Yes 



A: It is widely used ,far more than civil proceedings or crime proceedings. 

The principal self-control body is The Advertising Foundation. 

Anyone can submit a complaint free of charge. Both parties are heard in writing and 

verbal. A decision is taken within 8 weeks. Appeal can be lodged motivated with the 

Board of Appeal within 14 days. The decision in appeal also takes 8 weeks. A conviction 

leads to a media stop. 

All decisions are in writing and are reported on www.reclamecode.nl. A selection is 

published in juridical magazines such as IER. 


A: Yes 


comparisons? 

A: Equal to the European Directive 


A: Yes

In cases of misleading and or comparative advertising the burden of proof is always on 

the advertiser. 


Television: Yes tobacco, prescription drugs 

Radio Yes tobacco, prescription drugs 

Internet Yes tobacco, prescription drugs 

Print Yes 

Outdoor Yes tobacco 

Alcohol and sweets if addressed to minors resp. youngsters(14 years)+ toothbrush logo in 

case of tv advertising. 



A: Not permitted based on art.19-21 Dutch copyright act 





A: Yes / No 

Basically no ,but under circumstances possibly yes. 

F.e. if it is a price at a contest, or in a normal street scene 


A: Resale price maintenance is prohibited ,and so is misleading price advertising. 

Special offers ,rebates ,sales, loss leaders ,package offers ,etc are allowed ,subject to 

general restrictions on unfair competition and dumping. 



A: No 




A: No ,as long as objective humor is involved and kept within the subjective limits of 

good taste. 


country? 

A: Always consult an expert advertising layer before publishing.

NEW ZEALAND 

Erich Bachmann 

Peter Woolley 

Hesketh Henry 

erich.bachmann@heskethhenry.co.nz 

peter.woolley@heskethhenry.co.nz 


A: New Zealand does not have a federal system of Government. Advertising is 

uniformly regulated throughout the country. 


A: Yes. 



A: Self regulation is administered by the Advertising Standards Authority which was 

formed in 1973. Its membership is made up of representatives from advertising agencies, 

community newspapers, magazine publishers, newspaper publishers, cinema advertisers, 

direct marketers, New Zealand Post, New Zealand television broadcasters, outdoor 

advertising and paid television groups. The Authority's objectives are to maintain a 

generally acceptable standard of advertising ensuring that advertising is not misleading 

or deceptive. The Authority funds a Complaints Board and introduces and amends 

codes of advertising practise. The Complaints Board adjudicates on complaints 

received about advertisements which may breach the codes of advertising practise. 

The Board comprises four public representatives with no connection to media or 

advertising groups and four representatives of media, advertising agencies and 

advertisers. When a complaint is made the Board considers if it is within its jurisdiction 

and if so will advise all parties concerned seeking their opinion and comments. The 

Board then determines whether the codes of practise have been breached and all 

parties are informed of the outcome. A formal written decision is distributed to all parties 

and to the media. The decisions are invariably publicised in the media and are 

published on the Advertising Standard Authority's web page. 


A: Yes. 


comparisons? 

A: Comparative advertising identifying a competing product or service is relatively 

common in New Zealand. Advertising is subject to the requirements of the Fair Trading 

Act 1986 which prohibits misleading or deceptive advertising. The Act is policed by the 

Commerce Commission which operates an active enforcement policy including

numerous prosecutions to maintain the consumer protection objectives of the legislation. 

Individuals may also sue under the Fair Trading Act for injunctive relief and compensating 

damages. 

There are restrictions imposed by specific legislation for example the Medicines Act 1981. 

Also the Advertising Standards Authority's codes of practise include guidelines for 

comparative advertising. 


A: No. 


A: There are restrictions on alcohol and tobacco advertising in all media. 



A: The use of famous people's names or likeness without express consent risks legal 

liability under New Zealand's law. The consumer interest is protected by the Fair Trading 

Act. The person's proprietary rights are protected by the passing off remedy, rights of 

private enforcement under the Fair Trading Act 1986, applicable trade mark and 

copyright laws. 





A: Depending on the circumstances there may be a right of redress under 

applicable trade mark, copyright, passing off or Fair Trading Act law. 


A: No, providing the advertising is not misleading or deceptive in terms of the Fair 

Trading Act. 



A: No. 




A: Yes, Maori claims to cultural iconography is a relevant factor when considering 

appropriateness of creative or advertising material. 


country?

A: No.

NIGERIA 

Femi Olbanwo 

Banwo & Ighodalo 

banwigho@linkserve.com.ng 


A: [Federal] 

Advertising in Nigeria is regulated on a Federal level by the Advertising Practitioners 

Council of Nigeria (APCON) which was established in 1988 by the Advertising 

Practitioners (Registration etc) Act, Cap. 7 Laws of the Federation of Nigeria 1990. 


A: Yes 



A: There is a Code of Advertising Practice in Nigeria, drawn up by APCON. This is the 

legal document that all practitioners in Advertising have subscribed to as the official 

document regulating Advertising Practice in Nigeria. All members of APCON are required 

to adhere strictly to the code and it is binding on the advertiser, the practitioner and the 

media. Aggrieved parties have the right to lodge complaints to APCON on any issue that 

does not conform to the set standards in the Code of Practice. Decisions of the Council 

on all complaints are appropriately communicated, reported and published. The 

Disciplinary Committee of the Advertising Standards Panel (an organ of APCON) is 

equivalent to the High Court in Nigeria and has a representative from the Federal Ministry 

of Justice 


A: Yes 


comparisons? 

A: Though permitted, such advertising may not run down competition or make 

claims that are offensive and disparaging of the competition. 


A: Yes 


A: Generally, all products and services can be offered in any media provided the 

adverts are in line with the guidelines in the Code of Practice. Some notable restrictions 

are

T.V. - Tobacco commercials cannot be aired before 9.45p.m 

Radio - Cigarette adverts cannot be aired before 6pm 

Print - Sportsmen, children and pregnant women must not be used as 

models for Tobacco and cigarettes products in print, TV and outdoor advertisements 

Outdoor - Tobacco and Cigarettes adverts are not to be sited near schools 

and hospitals. 



A: The Code of Practice recognises the right to privacy of any individual, whether 

famous or not. The Code therefore requires that “the rights of the individual must be 

respected and proper contractual agreements must be entered into before their 

endorsement of the products and services are presented in any advertisement” 





A: Pictures and properties of individuals cannot be used without the consent of the 

rightful owners. However, skilful advertising could employ other products without 

necessarily associating them with the product or service being advertised e.g. you can 

use a car in an advert for drinks and yet the make of the car is not pronounced in any 

way. 


A: There is no compulsion to include price of advertised products or services in 

adverts. However, if stated the price must be real and not controvertible. 



A: In certain parts of Northern Nigeria where Sharia Law operates, alcohol and 

cigarettes are seen to be offensive to the Islamic religion, and are prohibited. 




A: Nigeria is a multi-ethnic, multi-religious country, and the cultural and religious 

inclination of the particular section of the country which will host the advertisement 

should be seriously considered. Such adverts must not in any manner or form disparage 

the religious beliefs of people of the locality. 

Generally, as a guide, it should be assumed that the South (East & West) are Christians 

with pockets of Muslim faithfuls, while the North is predominantly Islamic with some 

Christian presence. The Middle Belt region is majorly Christian with Muslims in the minority. 

Therefore, all advertising (both in language and visuals) should take due cognisance of 

the above demography.


country? 

A: Advertisers of products must be detailed in their product information and 

recognise the market in which they want to play. It is possible to have a mass market 

product but not a mass market. Some mass market products will have restrictions 

applicable in certain parts of the country, mainly because they are gender and religion 

sensitive. Advertisers therefore need to exercise caution in this regard. Only one tactless 

line in an editorial caused the cancellation of a global event like the Miss World 

competition in Nigeria, and so it must be imagined that an offensive advert could 

truncate the growth of a product or service.

PARAGUAY 

M. Yolanda Pereira Z. 

Berkemeyer Attorneys & Counselors 

law@berke.com.py 



Advertising is regulated on a national level. Advertising laws are applicable in the entire 

territory of Paraguay. In addition, Municipalities may have advertising regulation 

applicable in their respective territories.] 


A: Yes 



A: In 1998 the Center for Regulation, Norms and Studies on Communication – 

CERNECO – adopted an Advertising Self-Regulation Code that is mandatory for its 

members. Most advertising agencies are members of CERNECO. A Council for Self- 

Regulatory Advertising is in charge of enforcement and may act ex-officio or upon a 

denunciation by any party. The Council may impose the following sanctions: correction 

or banning of the advertisement, publicly warn the infringer, member suspension or 

exclusion. 


A: Yes. 


comparisons? 

A: Comparative advertising is not permitted where, through willful misconduct or 

general and indiscriminate declarations the consumer is led into establishing the 

superiority of a product or service over the other. 


A: No 



Radio Yes 

Internet Yes 

Print Yes 

Outdoor Yes

A: Prescription drugs. 



A: Prior express permission is required to make use of famous people. 





A: Yes 

Prior express permission will be required to make use of another brand. 


A: Price should be stated in local currency, including tax, and price structure and 

method of payment where applicable. 



A: No 




A: Advertising should be carefully screened for elements that may be inappropriate 

according to local custom. 


country? 

A: Regulations on promotional/gambling should be checked when planning 

advertising, if applicable.

PERU 

Jose Barreda 

Barreda Moller 

mail@barredamoller.com 


A: Perú has a law with national effect. 


A: Yes. It has approved a code of ethics. 



A: Yes, it is widely used. The system is administered by ANDA, which stands for 

Asociacion Nacional de Anunciantes, a not-for-profit association formed by enterprises 

and advertising agencies. They have approved its own code of conduct. Any party 

may question ads by a competitor provided he is a member of the association. The 

decisions are rendered in writing, but not published. 


A: Yes 


comparisons? 

A: Comparisons must be limited to objective and verifiable statements, provided 

truthful and non-denigratory statements are included. 


A: Yes 



Radio Yes 

Internet Yes 

Print Yes 

Outdoor Yes 

A: Prescription drugs cannot be advertised, tobacco products can be advertised in 

radio and T.V. only between 1:00 a.m. and 5:00 a.m.



A: Absolute protection to the right of privacy. Public or famous people can object 

any advertisements produced without their consent. Resemblances can be freely used. 





A: Yes. Any party can include a third party product in its own advertisement. Such 

third party will have a right of action only if there is a denigratory effect in the third party's 

product. 


A: Reference to price must include the sales tax and make reference to the final 

price to consumer. In case of payments by installments, reference to the effective 

interest rate must be included. 



A: No 




A: Not specific. However, all advertising material must fully respect religious beliefs, 

cannot discriminate based on race or religious beliefs. 


country? 

A: No.

POLAND 

Dr. Ewa Tefelska 

Soltysinski Kawecki & Szlezak, Legal Advisors 

ewa.tefelska@skslegal.pl 


A; Advertising in Poland is regulated on a central level. There is no specific regulation 

regarding advertising, but there are dispersed provisions concerning this issue contained 

in several legal acts pertaining to: on the one hand - specific media, on the other - 

specific products. 


A: Yes, there is a specific form of self-regulation applied by the private institution 

named Polish Chamber of Advertising but it is not effectively operating, i.e. there were 

no published decisions issued by this body. Moreover these rules are very general and do 

not concern specific issues. 



A: Poland follows a German pattern of self-regulation meaning that the courts 

resolve disputes regarding advertising. Polish Chamber of Advertising is focusing on 

organising training for people dealing with advertising. 

Therefore, it does not give any ruling in the disputes related to advertising. 


A: Yes, to the same extent as it is permitted in the EU Directive 97/55 amending 

Directive 84/450 concerning misleading advertising and, after revision, comparative 

advertising. 


comparisons? 

A: Comparative advertising may not be misleading to consumers or pass off the 

products of the other entrepreneurs. It has to be objectively justified, and reference to 

the other product must always remain within the scope of such objective justification. 


A: No, there is only a preliminary claim in case there is a threat of an act of unfair 

competition. 


Television: Yes [prescription drugs, tobacco, alcohol, promotion lotteries, there are also 

specific regulations regarding advertising of financial services] 

Radio: Yes [prescription drugs, tobacco, alcohol, promotion lotteries] 

Internet: Yes [it is regulated in the same manner as printed advertising] 

Print : Yes [alcohol, tobacco, prescription drugs, and only exception concern 

specialist magazines] 

Outdoor: Yes [tobacco and alcohol, this interdiction regarding advertising of alcohol 

may in the next few months become more narrow since the amendment to the existing 

law provides for the legality of the outdoor advertising of beer ] 

In Poland there exist a general interdiction of advertising human organs which may be 

used for transplantation purposes 



A: With respect to privacy there are applied general rules contained in the civil 

code pertaining to protection of personal rights. There is an interdiction concerning use 

of famous people in advertising without their express consent. 





A: Yes 

In such a case an automobile company would be authorised to raise a claim against a 

mustard company on the grounds that such practice is misleading to consumers as to 

suggesting potential links existing between the automobile company and a mustard 

company (false affiliation). 

The other option would be to raise a claim on the grounds of unfair competition 

consisting in taking advantage of the goodwill of another entrepreneur by creating a 

false association between the mustard company and an automobile company. 


A: There are the same restrictions in Polish law as the ones existing in the EU Directive 

on comparative advertising. Namely, such price advertising would be authorised if it 

were fair and justified. The comparisons authorised in Polish law would be to compare my 

own old price with my own new price, as well as my own price with the price applied by 

the competitor. 



A: No 

There are no specific laws, regulations nor restrictions typical for Polish culture.




A: One may not identify any specific cultural norms that should be considered when 

preparing advertising to be disseminated in Poland. 


country? 

A: In general we may say that in comparison to France or Germany there are no 

specific regulations. Polish regulations regarding advertising are harmonised with the EU 

law. However, please note that Polish society is in more than 90 % catholic and therefore 

the advertising addressed to Poles should take into account the strong catholic opinion 

regarding various facets of the life in our country, including advertising.

PORTUGAL 

César Bessa Monteiro 

Abreu, Cardigos & Associados 

cesar.b.monteiro@abreucardigos.com 



Although Portugal is not a federal state, advertising is regulated not only at a national 

level, but also at a municipal level. The Advertising Code (Decree-Law n.º 330/90 of 

October 23 rd , as amended by Decrees-Law n.ºs 74/93 of March 10 th ; 6/95 of January 17 th ; 

275/98 of September 9 th, and 332/2001of December 24 th ) is the most important diploma 

which rules advertising in Portugal (there are several other laws at a national level 

regarding specific advertising issues). Some municipalities, however, have issued specific 

legislation regarding advertising in certain areas of the country (e.g.: Lisbon). 


A: Yes No 



A: Besides the public entities (Consumer Institute and police and administrative 

authorities), which are the ones with control and sanctioning powers, there are three 

private entities which regulate advertising in Portugal: the Civil Institute of Advertising 

Auto-discipline - ICAP, the Portuguese Association of Advertising Agencies – APAP and 

the Portuguese Association of Direct Marketing - APMD. 

Each of them have issued a Code of Conduct or Lawful Practices in the advertising 

business. They act as a subsidiary and complementary part of the advertising control. 

They can also arbitrate conflicts when called upon to do so by the Consumer Institute. 

The decisions and recommendations of the Jury of Advertising Ethics of the ICAP may be 

(and have been) published. 


A: Yes No 


comparisons? 

A: According to article 16 of the Advertising Code, comparative advertising (the 

one which explicitly or implicitly identifies a competitor or the goods or services offered 

by a competitor) is only permitted when, independently of the media used, it meets the 

following requirements:

a) It is not wrongful, under the terms of article 11; 

b) It compares goods or services that correspond to the same needs or have the same 

objectives; 

c) It objectively compares one or more essential, pertinent, provable and representative 

characteristics of those goods and services, among which the price is included; 

d) It does not generate confusion between the advertiser and a competitor or between 

trademarks, corporate names, other distinctive signals, goods or services of the advertiser 

or of a competitor in the market; 

e) It does not discredit or depreciate trademarks, corporate names, other distinctive 

signals, goods, services, activity or situation of a competitor; 

f) It refers, in all cases of products with designation of origin, to products with the same 

name; 

g) It does not take inappropriate advantage of a trademark, commercial name or other 

distinctive signal of a competitor or of the designation of origin of competing products; 

h) It does not present a good or service as being an imitation or a reproduction of a 

good or service which brand or corporate name is protected. 

Moreover, any special offer must be mentioned (as well as the period of validity of the 

offer and applicable special conditions). 

The burden of proof of the truthfulness of the comparison relies on the advertiser. 


A: Yes No 

Advertising in Portugal is ruled by five major principles, being truthfulness one of them. 

Claims on the origin, nature, composition, properties and acquisition conditions of the 

advertised goods and services must be exact and provable, at all times, before the 

competent authorities, when requested. 

Furthermore, Article 11 of the Advertising Code forbids all wrongful advertising (any 

advertising that, in any way, and due to its wrongful character, induces or can possibly 

induce a mistake to its addressee, or that may harm a competitor), independently of 

economic damages. 



Radio Yes No 


Print Yes No 


A: The Advertising Code limits advertising not in terms of the media in which it is 

made but in respect of certain products or services like: alcohol, tobacco, prescription 

drugs and treatments, games of chance, automobiles, "miracle" products and services. 

According to article 17, advertising to alcohol is forbidden both in radio and television 

between 7am and 22.30pm. Also, it is only permitted when: it is not specifically addressed 

to under-aged, and particularly does not show them consuming those beverages; it 

does not encourage excessive drinking; it does not despise non-consumers; it does not 

suggest success, social achievement or special capacities deriving from consumption; it

does not suggest the existence of therapeutic properties or stimulating and sedative 

effects in alcoholic beverages; it does not associate the consumption of these 

beverages with exercise or driving; it does not underline alcohol as a positive quality. 

According to article 18, advertising to tobacco is forbidden in all kinds of media, 

notwithstanding special regulations that may permit it. The advertising of tobacco 

products at international sports car events, namely Formula 1 racing, is presently 

authorised by Decree-Law n.º 178/2000, until December 31st, 2005. 

According to article 19, advertising to prescription drugs and treatments is forbidden with 

exception to technical publications addressed to doctors and other health care 

professionals. 

According to article 21, advertising to games of chance is forbidden if it is the main 

object of the advertising message (with the exception of the Santa Casa da Misericórdia 

de Lisboa). 

According to article 22-A, advertising to automobiles is forbidden whenever it contains: 

a) Situations or suggestions of use of vehicle that may threaten the personal safety of the 

user or third parties; 

b) Situations or suggestions of use of vehicle damaging to the environment; 

c) Situations of infringement of the Traffic Code Rules, including speeding, reckless 

driving, non-use of safety devices and disrespect for signalling or pedestrians. 

According to article 22-B, advertising to "miracle" products is forbidden, notwithstanding 

special regulations that may permit it. 



A: According to article 7/2 e) the use of someone’s image or words, without their 

consent, is forbidden. Article 79º of the Civil Code establishes civil liability for the violation 

of someone’s right to image privacy. 





A: Yes No 

According to article 7/2 e) the use of someone’s image or words, without their consent, is 

forbidden. Moreover, the reference to third parties trademarks must be duly authorised 

by the trademark owners, once that they have the exclusive and property of the 

trademark involved. Finnaly, article 317 of the Industrial Property Code, considers as 

unlawful competition, among other acts, the unauthorized use or reference with the 

purpose of benefiting from another parties' name, establishment or trademark credit or 

reputation. 

In addition, as previously mentioned, in comparative advertising, it is only permitted 

when it does not take inappropriate advantage of a renowned trademark, commercial

name or other distinctive signal of a competitor or of the name of origin of competing 

products. 


A: No. There are no regulations with respect to price advertising. Only the 

truthfulness principle applies. The prices advertised must correspond to the ones 

practiced by the advertising company. 



A: Yes No 

However, article 7 of the Advertising Code forbids advertising that: 

a) depreciatively uses institutions, national or religious symbols or historic characters; 

b) stimulates or appeals to violence, as well as any other illegal or criminal activity; 

c) is against human dignity; 

d) contains any discrimination in terms of race, language, territory of origin, religion or 

gender; 

e) uses, without consent, the image or words of any person; 

f) uses obscene language; 

g) encourages harmful behaviours to the protection of the environment; 

h) has as object ideas of union, political or religious content. 




A: Portugal is a country with a strong catholic presence. Therefore any advertising 

related to this religion is very sensitive. 


country? 

A: If they advertise with respect to the principles established by the Advertising 

Code, there will be no issue or problem of any sort.

PUERTO RICO 

Raymond A. Cabrera/Silvia G. Rico 

Cabrera & Rico 

services@cabrera-rico.com 



Puerto Rico is a territory of the United States of America. Commerce between a US state 

and Puerto Rico, is considered "interstate commerce" for purposes of federal advertising 

regulations. Puerto Rico has it own advertising laws and regulations for advertisement 

conducted within the island. 


A: Yes, but not widely used. Almost any industry self-regulation has been as a result 

of the efforts by PR Chamber of Commerce members / interest groups, rather than by 

advertising associations, as is for example, the Alcoholic Beverages and Beer Self- 

Regulations. 

Q: If yes, how does the self-regulatory process work? Is it widely used? Are decisions rendered 

in writing? Are they reported anywhere? 

A: Decisions are rendered in writing but not reported in an official gazette or through 

online legal research banks of information. Copies may be obtained by research from 

physical libraries of the particular interest group. 


A: Yes 


comparisons? 

A: The advertisement is required to be truthful and the essential categories of 

comparison must be properly identified and conveyed to avoid deceitfulness. Each 

substantive claim, direct or implicit, must be substantiated prior to publication. 

Substantiation must be updated, particularly as it pertains to price comparisons. 


A: Yes 


Television: 

- Yes 

- No (tobacco, alcohol)

Radio: 

- Yes 

- No (tobacco) 

Internet 

- Yes 

- No (casino gambling games) 

Print 

- Yes (tobacco, prescription drugs) 

- No 

Outdoor 

- Yes (alcohol but with restrictions) 

- No (tobacco ) 

In general: 

- travel packages - if licensed or authorized to do business within the 

jurisdiction 

- credit offers - if licensed or authorized to do business within the jurisdiction 



A: Puerto Rico laws and regulations follow US doctrines and interpretations on 

privacy issues in these cases. Federal laws on privacy and FTC guidelines in this respect 

are applicable to Puerto Rico. 

Puerto Rico has recently enacted various laws and regulations for the protection of 

individuals’ privacy as it pertains to the access of any individuals’ personal, medical, 

financial, family, background, employment information, as well as many other 

government and privately held data. 

Privacy in the employment area and the use of the internet/emails at the workplace has 

also been subject of recent case law, rendering very limited privacy rights and remedies 

to employees in this respect when placed under prior notice by the employer. 

Puerto Rico laws create variants in the evidentiary requirements needed for the 

prosecution of a tort actions for defamation/libel when sought by a private person than 

by a famous person. 





A: Puerto Rico laws follow US doctrines and interpretations in this area. Puerto Rico’s 

deceitful advertisement regulations prosecute false endorsement of product or service. 

False affiliation and false endorsement may be prosecuted by civil and criminal actions. 

Q: Are there any restrictions or regulations with respect to price advertising?

A: Yes, Puerto Rico regulations on price advertisement prohibit false and deceitful 

price statements and price comparisons. Price comparisons are strictly monitored to 

ensure original base or regular prices have not been deceitfully altered and comparisons 

with competitor's prices are stated in good faith. Price comparisons require uniformity 

and/or disclosure of basis of comparisons in the areas of: quality, quantity, security, size, 

components, use, dates and warranty. 



A: Puerto Rico has gender equality laws that prohibit distinction by sex in 

employment advertisements. 




A: Political Associations: The use of the colors Blue, Red or Green: when used by 

themselves, against plain white, or to identify separate categories, concepts or amounts 

will tend to provoke an unconscious association to the 3 colors used by the political 

parties in Puerto Rico. As each political party stands for a separate ideal or status 

formula (free association/commonwealth, statehood or independence) and discussions 

on status and/or the PR-USA relation is a daily piece of discussion, the manner in which 

these colors are used in your advertisements should be viewed with care. You do not 

want to loose the attention of a larger or specific sector of the population due to 

unintended associations. The use of certain objects or symbols may have similar 

secondary meaning immediately evident to large groups of the PR population: e.g. a 

single predominant star may evoke an association with the statehood ideal. 

B. Use of Language in Advertisement: Although English is spoken in Puerto Rico, 

generally, Puerto Ricans like to be addressed in their native tongue, Spanish. 

Nonetheless, Puerto Ricans become impatient as a consumer audience when 

regionalisms and/or slang from other sister Latin American countries are used 

homogeneously in substitution for local regionalisms/ slang. 


country? 

A: As it pertains to games of chance, have local counsel review your proposed 

mechanics and rules for games of chance since fines may be imposed in up to 

US$10,000 per violation; Always allow a budget to translate certain, if not all promotional 

materials and/or to review materials to include regionalisms.

ROMANIA 

Gilbert P. Wood 

Wood Lupascu Dumitrescu & Associates SCPA 

gilbert.wood@wldlaw.ro 


A: Romania is a unitary state, not a federal one. Advertising legislation is adopted at 

the national level by the Parliament, Government and the National Audiovisual Council. 


A: The Romanian Association of Advertising Agencies (“RAAA”) was established in 

2000. According to RAAA’s statutes, one of its objectives is to support the principal of selfregulation 

wherever possible. However, up to present, no such regulations were 

adopted. 



A: N/A 


A: Yes. Law 148/2000 regarding advertising, Art. 8 provides that comparative 

advertising is allowed, with certain exceptions that are expressly provided by law. Please 

note that Law 148/2000, Art. 4, item c) defines comparative advertising as “any 

advertising that explicitly or implicitly identifies a competitor or the goods or services 

provided thereby;” 


comparisons? 

A: Comparative advertising is prohibited in the following cases, expressly provided 

by Law 148/2000, Art. 8: 

“a. it is deceptive; [according to the law, Art. 4, item b), deceptive advertising 

means any advertising that, in any way, including through the presentation 

manner, misleads or may mislead any person to whom it is addressed or who 

contacts it, and whose economic conduct may be affected, damaging his 

consumer interest, or which may harm a competitor’s interests]; 

b. goods or services with different purposes or destinations are compared; 

c. one or more essential, relevant, verifiable and representative characteristics of 

certain goods or services, which may include the price, are not objectively 

compared;

d. on the market, a confusion is created between the advertised person and a 

competitor, or between trademarks, trade names or other distinctive signs, goods 

or services of the advertised person and those belonging to a competitor; 

e the trademarks, trade names, other distinctive signs, goods, services or the 

material situation of a competitor are disparaged or denigrated; 

f. products having the same indication are not compared in each case, in the 

case of products having topographical indication; 

g. unfair advantage is taken of the good name of a trademark, trade name or 

other distinctive signs of a competitor, or of the geographical indication of a 

competitor’s product; 

h. goods or services are presented as imitations or replicas of certain goods or 

services, having a protected trademark or trade name; 

i. the provisions of Competition Law 21/1996 (antitrust law) are breached through 

the performance manner of advertising or through its effects.” 


A: Yes. 


A: Yes, with the following specifications: 

a. products that may not advertised by any mass media: narcotics and 

psychotropic substances (Law 148/2000, Art. 14); weapons, ammunition, 

explosives, pyrotechnic methods and means, except for weapons destined to 

hunting or sport, and for panoply weapons (Law 148./2000, Art. 15); medicinal 

products that are released on the basis of a medical prescription (Law 148/2000, 

Art. 17); 

b. products that may not be advertised on television and radio: tobacco products; 

c. services that may not be advertised on television and radio: the services 

rendered by notaries public, lawyers, court marshals, legal experts, private clinics. 

Also, there are more restrictions with regard to the advertising of certain 

products/services (tobacco products, alcoholic drinks, etc.) through mass media 

(i.e. advertising of alcoholic drinks is allowed on television only between 22:00 

and 6:00 hours). 



A. The Constitution of Romania, Art. 30, paragraph 6 provides: 

“Freedom of speech may not prejudice the dignity, honor, private life of a person, or his 

right to his own image.”

Such provision shall be corroborated with the Civil Code, Art. 998 providing that: 

“Any deed of a human being [person], causing a prejudice to another, compels the one 

whose mistake caused such prejudice to repair it.” 

and with the Civil Code, Art. 999 providing that: 

“The human being [person] is responsible not only for the prejudice caused through his 

deed, but also for the one caused through his negligence or imprudence.” 

Consequently, if a famous person considers that he was prejudiced by the fact that he 

was used in advertising without his express permission, based on the above mentioned 

provisions, he is entitled to go to court requesting that such prejudice be repaired. 



automobile as part of its advertisement, would the automobile company have a right of 

action against the mustard company for false affiliation or false endorsement? 

A. There is no express prohibition in using other people’s products in advertising 

without the product owner’s permission, except for the following: 

a. comparative advertising in the ways prohibited by law (see above); 

b. advertising in cases of “confusion” and “counterfeit” (see above), when such purpose 

is pursued through the use of other people’s products; 

c. in case other people’s products are protected by the intellectual property right. 

However, the provisions of the Civil Code, Arts. 998 and 999 are applicable, if those 

“other people” consider that, through this kind of advertising, they are prejudiced. 


A. There is only one express regulation, applicable in case the consumers are 

notified, by means of advertising, of a price reduction, which is comparable in terms of 

figures. Such provision appears in Art. 35 of Government Ordinance 99/2000 regarding 

the sale of market products and services, as approved by Law 650/2002, establishing the 

following rules: 

“a. Any trader announcing a discount shall relate it to the reference price used in the 

same sale area for the same products and services. The discount shall be lower 

than the reference price. The reference price represents the lowest price used in 

the same sale area during the last 30 days prior to the date when the discount is 

applied. 

b. Any discount advertisement, regardless of its form, advertising manner and 

discount reason shall address the ensemble of consumers, and shall indicate a 

reduction in figures as compared to the reference price, except for: 

-price comparative advertising; 

-exclusively literary advertisements, which do not contain figures;

-price advertisements launching a new product on the market; 

-verbal advertisements made exclusively in shops for discount, within a special 

department, for a very short period of a sale day. 

c. Advertising by catalog and discount offers launched by the traders practicing 

sales by mail may be available only within the limit of the stocks, provided that 

such specification is visible and legible in the catalog. 

d. Any discount advertisement expressed in absolute value or percentage shall be 

visible, legible and clear for each product or group of identical products: 

-by mentioning the new price next to the previous price which shall be crossed; 

or 

-by mentioning “new price”, “former price” next to the respective amounts; or 

-by mentioning the discount percentage and the new price which appears next 

to the previous price that is crossed. 

e. It shall be forbidden that a discount for a product and/or service be presented to 

consumers as a free offer of a part of the product and/or service.” 

Implicitly, price advertising is forbidden when: 

a. it is made in the form of “deceptive advertising” (see the definition above); 

b. it is made as “comparative advertising” in one of the forms prohibited by law (see 

above) 



A. Government Ordinance 137/2000 regarding the prevention and sanctioning of 

all discrimination forms, as approved and amended by Law 48/2002, prohibits any form 

of discrimination based on race, nationality, ethnicity, gender, sexual orientation, religion 

or social category. 

Q: Are there any cultural rules that should be considered when preparing advertising to be 



A. No. 


country? 

A. Yes: to comply with the regulations provided by Audiovisual Law 504/2002, Art. 29, 

providing that advertising shall comply with the following rules: 

a. not to affect the minors’ physical, psychological or moral development; 

b. not to prejudice human dignity; 

c. not to include any form of discrimination based on race, religion, 

nationality, gender or sexual orientation; 

d. not to offend the religious or political beliefs of television and radio 

audience, implicitly of all citizens; 

e. not to stimulate a behavior that damages people’s health or safety; 

f. not to stimulate behaviors damaging the environment;

g. not to stimulate indecent or immoral behavior; 

h. not to promote directly or indirectly, occult practices; 

i. not to prejudice citizens’ legal interests.”

SINGAPORE 

Chor Pee & Partners 

gala@chorpee.com 


A: Only national level (Singapore has only one tier). 


A: Yes. 

The Advertising Standards Authority of Singapore (ASAS) is an Advisory Council to the 

Consumers Association of Singapore (CASE). It was set up in 1976 to promote ethical 

advertising in Singapore and is a self-regulatory body of the advertising industry. 

ASAS consists of representatives from advertisers, advertising agencies, government 

organisations, media owners and other supporting organisations with the secretarial 

support from CASE. 

Advertisers in Singapore regulate themselves by complying with the Singapore Code of 

Advertising Practice (SCAP), which is approved by members of the Advertising Standards 

Authority of Singapore (ASAS). The Code sets out guidelines on the advertising of specific 

products and services and acceptable modes of advertising. 

ASAS may ask advertisers or advertising agencies to amend or withdraw advertisements 

which are contrary to the Code. Though the Code does not have the force of law, 

advertisers or advertising agencies would usually comply when requested by ASAS. The 

2 nd Edition of the Code was released in January 2003. 



A: ASAS uses the Singapore Code of Advertising Practice (SCAP), which covers not 

only matters such as good taste and authenticity but also problems arising from 

advertisements on products such as medicine and alcohol, to regulate the local 

advertising activities. The Code complements the law in maintaining the standards of fair 

dealing and honest trading that the community is entitled to expect. 

While ASAS provides advice and guidance to advertisers, advertising agencies and the 

media who are in doubt as to the acceptability of advertising, particularly prior to 

publication, ASAS is not geared, nor is it intended for it to become a clearing house for 

the approval of all advertising. 

Responsibility for observing the Code rests primarily with the advertiser. But it also applies 

to any advertising agency or medium involved in the publication of the advertiser’s 

message to the public. The interpretation of the Code is vested in ASAS to ensure that this 

system of self-regulation works in the public interest. ASAS will be bound by all existing 

legislation.

Advertising Standards Authority of Singapore (ASAS) can be contacted via e-mail: 

asas@case.org.sg 


A: Yes 


comparisons? 

A: Trademark and copyright legislation and common law decisions. Refer to case in 

the Singapore Country Report. 


A: No. 



Radio: Yes 

Internet: Yes 

Print: Yes 

Outdoor: Yes 

A: The following are some examples - 

Tobacco 

Under the Smoking (Control of Advertisements and Sale of Tobacco) Act, a person who 

publishes or takes part in the publication of a tobacco advertisement can be liable on 

conviction to a fine not exceeding S$10,000 or an imprisonment term of not more than 6 

months or both. The fine and imprisonment term can be doubled for a subsequent 

conviction. 

Medicine 

Under Singapore's Medicines Act, one finds Part VI on 'Promotion of Sales of Medicinal 

Products and Medical Advertisements' which controls the advertisement of medicinal 

products. 

Other goods, services and activities 

One would also need to check other legislation for provisions restricting the 

advertisement on certain activities. E.g. The Common Gaming Houses Act prohibits the 

publication of all advertisements relating to lottery conducted inside or outside 

Singapore. 



A: No specific legislation. Should refer to the SCAP. 





A: Yes. But refer to case in the Singapore Country Report. 


A: No specific legislation. Should refer to the SCAP. 



A: Yes. Restrictions on political and religious advertisements. Should refer to the 

SCAP. 




A: There are too many cultural norms that one has to consider to list. Here is an 

example - 

There is a Singapore-made family movie in Chinese called "I Not Stupid". In a sub-plot, 

Singapore-born advertisement consultants are in rivalry with an English advertising 

consultant in the same firm. The client is a manufacturer of sweet barbecued meat 

snack which is popular during the Lunar New Year period. He is dismissive of local talent 

and prefers to see only the presentation of the English advertising consultant. But the 

Englishman proposes black and gold packaging thinking this would give the snack a 

sophisticated look. The client is aghast because black would make his product 

unsuitable for Lunar New Year gifts. The Singapore team wins over the client with their 

novel "since chewing gum is banned, try barbecued meat in chewing gum size strips" 

presentation. The movie was a great success in Singapore. 


country? 

A: Consider the language you intend to use first - 

1. English 

2. Mandarin (Not Cantonese) 

3. Malay 

4. Tamil 

Each language medium in Singapore has its television channel(s), radio station(s), 

newspaper(s) and magazines. In the English language medium, advertisements can be 

found in the one of two broadsheets "The Straits Times". The tabloid-style English 

newspapers are "The New Paper", "Today" and "Streats".

Decide first which language(s) you will use in your advertising. It may make a difference 

not just in both style and content of the advertisement. A simple direct translation of the 

message may be insufficient. 

The types of advertisements to avoid appear to be those containing representations of 

institutions and persons in authority without the express consent, even if they may be 

portrayed in a positive light. For example, in some countries there may not be a problem 

creating an advertisement portraying soldiers, policemen, politicians, judges or clerics. 

This is generally regarded as taboo in Singapore. 

The attitude seems to be if in doubt, do not do. Having said that, there are some 

creative advertisements that can be seen in Singapore. But most Singapore businesses 

including local representation of foreign corporations do not have the mind-set to try 

even a timid version of "Benetton-style” advertisements. 

A good starting point would be to obtain a copy of “ADVOICE” the monthly magazine 

representing Singapore’s advertising industry for a general picture of advertising in 

Singapore.

SOUTH AFRICA 

Chris Job 

Adams & Adams 

ckj@adamsadams.co.za 


A: Federal 

In South Africa, advertising is regulated by the Advertising Standards Authority (ASA) 

which is an independent body set up and paid for by the marketing communication 

industry. 


A: Yes 

Q: If yes, how does the self-regulatory process work? Is it widely used? Are decisions rendered 

in writing? Are they reported anywhere? 

A: The Code of Advertising Practice constitutes the guiding document of the ASA. 

This Code is based upon the International Code of Advertising Practice prepared by the 

International Chamber of Commerce. 

The Code embodies the basic principles laid down in the International Code and relates 

these principles to the particular circumstances of advertising in South Africa. The ASA 

,with the participation of representatives of the marketing communication industry, draw 

up the code and it is amended from time to time to meet the changing needs of both 

industry and society. 

The Code is administered by the Directorate and ASA Committees drawn from the 

constituent member bodies. 

Members of the ASA are required to adhere to the code which is also supplemented by 

individual codes determined by the various member organisations or negotiated with 

governmental institutions. 

The Code binds the advertiser, the advertising practitioner and the medium involved in 

publication of the advertiser's message to the public. 

All entities which are bound by the code may not prepare or accept any advertising 

which conflicts with the Code and will withdraw any advertising which has subsequently 

been deemed to be unacceptable by the ASA Directorate, Advertising Standards 

Committee, Advertising Industry Tribunal or Appeal Committee. 

The ASA procedures are designed to assist any person who wishes to complain about an 

advertisement and grant all concerned a fair and equal opportunity to be heard. 

Complaints are lodged with the ASA in writing and are dealt with in accordance with 

certain procedural guidelines.

The Code lays down criteria for professional conduct, while at the same time informs the 

public of the self-imposed limitations accepted by those using or working in advertising. 

Decisions of the Directorate, ASA are rendered in writing and written reasons 

The ASA's rulings are not reported anywhere. 


A: Yes 


comparisons? 

A: Comparative advertising is permitted provided that:- 

1. all legal requirements must be adhered to (i.e.: Provisions of the Trade Marks Act 194 

of 1993) No use of competitor's trade marks is permitted (i.e.: comparative brand 

advertising is prohibited); 

2. only facts capable of substantiation are used; 

3. the claims are not misleading or confusing; 

4. no infringement of advertising goodwill takes place; 

5. no disparagement is to take place; 

6. the facts or criteria used are fairly chosen; 

7. products or services compared must have the same or similar characteristics and must 

be intended for the same, or similar purpose; 

8. the contextual implication must be strictly limited to the facts; 

9. where claims are based on substantiated research, the express consent as to the 

accuracy and scope of such claims must be obtained from the relevant research body; 

10 the advertiser accepts responsibility for the accuracy of the research and claims. 


A: Yes 


A: Save for tobacco, all other services and products can be advertised in all media, 

provided that such advertisements are not offensive or unacceptable in terms of the 

code. 



A: South African common law recognises the right to privacy as an independent 

personality right which the courts consider to be part of the concept of a person's 

dignitas (dignity). At common law, the breach of person's privacy constitutes an iniuria 

(delict).It occurs when there is an unlawful intrusion of someone's personal privacy or 

unlawful disclosure of private facts about a person. 

The South African Constitution contains a Bill or Rights which also recognises the right to 

privacy. The scope of this privacy right extends only to the aspects of a persons life or 

conduct in regard to which a legitimate expectation of privacy can be harboured. A 

legitimate expectation simply means that one must have a subjective expectation of 

privacy that society recognises as being objectively reasonable. Certain circumstances 

justify the invasion of a person's privacy. The courts usually balance a person's right to 

privacy with the rights of others and the interests of the community when determining 

whether a person's right to privacy has been infringed. 

The Bill of Rights also recognises the freedom of individuals to express themselves and 

freedom of the press and other media. The rationale for offering constitutional protection 

to the press and the media is the important contribution made by them to establishing 

and maintaining a democratic society. This does not mean the press enjoys a special 

constitutional immunity. The Courts balance the rights of the media and press with those 

of individuals when determining which party's constitutional rights have been infringed. 





A: Whether or not the automobile company would have a right of action would 

depend on whether it's intellectual property rights had been infringed by such 

unauthorised use. If the use amounted to, inter alia, trade mark infringement, copyright 

infringement or common law passing off then the automobile company would have a 

right to take action. 


A: It is generally acceptable for an advertiser to claim his prices are lower than those 

of its competitors. Such claims must be verifiable and comply with the provisions stated 

above in relation to comparative advertising. 

Retailers are permitted to quote price comparisons/ specific discounts in advertising 

provided:- 

1. satisfactory documentary evidence of the price reduction is held available and can 

be provided on request. 

2. a single price reduction or discount may be advertised for a maximum period of three 

months 

Special sale prices may be advertised on the understanding that:- 

1. sale advertising with price comparisons will be restricted to a maximum period

2. satisfactory documentary evidence of all the claimed price reductions is held 

available to be furnished on request. 



A: Yes 

Based on the rights provided for in the Bill of Rights in Chapter 3 of the South African 

Constitution, no advertisements may contain content of any description that is 

discriminatory or which amounts to gender stereotyping unless, in the opinion of the ASA, 

such discrimination is reasonable and justifiable in an open and democratic society 

based on human dignity, equality and freedom. 




A: Advertising may not offend against good taste or decency or be offensive to 

public or sectoral values and sensitivities unless the advertising is reasonable in an open 

and democratic society based on human dignity, equality and freedom. 

In addition, advertisements should not contain anything likely to cause serious or widespread 

offense. In determining whether an advertisement is offensive, consideration is 

given to, inter alia, the context, medium, likely audience, nature of the product or 

service and public interest.

SPAIN 

G.W. Volz and F. Bances Handschuh 

Schiller Abogados 

gwvolz@schillerabogados.es 


A: Both. 

Advertising is regulated on a federal and regional level. On a national level there 

is the General Advertising Act. But each Autonomous Region (Comunidad 

Autónoma) has enacted specific laws for different areas, like gambling, roads, 

medicines, etc. governing advertising matters among other issues. 


A: Yes. There is a private self-regulation association. 



A: A self-regulation process covers all areas concerning advertising. TV, 

radio, cinema advertising and advertising “on line” are the areas most covered. 

This process is progressively used more frequently by enterprises, associations of 

enterprises, consumers, consumer associations and public authorities. Decisions 

are rendered in writing. The association checks if the advertising is in breach of 

the law and/or an applicable code of practice. If it is considered that a breach 

has occurred, the association urges the advertiser to rectify the infringing 

advertising. 


A: Yes. 


comparisons? 

A: Article 6 of the General Advertising Law considers comparative 

advertising as unfair if it is not based on essential, similar and demonstrable 

characteristic marks of the products or services compared. 

Furthermore, article 20 of the Code of Practice of the self-regulation association 

provides that the advertising should not contain either explicit or implicit accounts 

of characteristic marks of the other advertiser, apart cases which are permissible 

at law, contractually admitted or considered acceptable comparative 

advertising. Furthermore, the advertising should not infringe article 21 of the said 

Code of Practice. This article provides that the advertising shouldn’t denigrate nor 

disrespect, expressly or implicitly, other enterprises, works, products or services. 

Denigration in advertising is permitted if the statements are exact, real and

pertinent. In particular, references to the personal circumstances of a 

businessman or of his enterprise would not be considered pertinent. 


A: No. 


A: 

Television: Yes. Alcoholic beverages with an alcohol content of over 20%, 

tobacco, prescription drugs and political advertisements. 

Radio: Yes. Prescription drugs. 

Internet: Yes. Prescription drugs. 

Print: Yes. Prescription drugs. 

Outdoor: Yes. Prescription drugs. 

However, advertising of alcohol, tobacco, gambling, weapons and other 

products is subject to specific restrictive regulations. 

Q: What is your country’s law on privacy and/or rights of publicity regarding the use of 

famous people in advertising without their express permission? 

A: Article 18 of the Spanish Constitution grants to each person the right to 

privacy. The Privacy Act 1/1982 states expressly that the unauthorised use of the 

image, voice or name of a person in advertising is considered an unlawful 

interference with his privacy. 

The use in advertising of famous persons’ names without their express consent 

could also be considered unfair according to the Spanish Unfair Competition Act, 

and therefore unlawful. Furthermore, if the name of the famous person is either 

registered as a trademark or considered renowned, it is also possible that the 

Spanish Trademark Law would be violated. See also our answer to question 9. 



automobile as part of its advertisement, would the automobile company have a right of 

action against the mustard company for false affiliation or false endorsement? 

A: Yes. The product owner would have the possibility to issuing legal 

proceedings in this case against the mustard company based on the 

infringement of a registered or renowned trademark. Also according to the Unfair 

Competition Act, a product owner could sue the mustard company, as “it is 

unfair to take illicit advantage of the industrial, commercial or professional 

reputation of a third party, …, in particular, the use of distinctive signs of third 

parties is considered unfair …”. As can be seen the law does not differentiate 

between the use of another person’s name or its product. 


A: The National Retailers Act 7/1996 (Ordenación del Comercio Minorista) 

provides in general that retailers are at liberty to set prices, but has also given the

ight to the Autonomous Regions (Comunidades Autónomas) to apply their own 

regulations to such price setting. 

Industrial products sold to end-users in Spain must have a label in the Spanish 

language indicating the price and the entire name of the producer, packaging 

company or retailer with its registered office within the EU. Nevertheless, there are 

special rules that apply to cosmetics and sanitary products, pharmaceutical 

products, food, handcrafted products and other products which are governed 

by their own specific regulations. 

The Retailers Act permits retailers to reduce prices of products within their 

premises. If however a retailer wishes to make a publicly advertised promotional 

campaign, then this can only be done if it falls within special sales categories 

provided at law, such as seasonal sales, promotional sales or special offers, end 

of line sales or liquidation sales. 

The law also provides that a price reduction must indicate clearly on each 

reduced product the previous price and the reduced price. On this point the 

Autonomous regions have also developed their own regulations. 



A: No. 




A: No. 

Q: Is there any other general advice or cautions you would give to advertisers operation in 

your country? 

A: In order to avoid any problems relating to advertising laws, granting of 

official authorizations, data protection, etc. contact a local expert for prior legal advice.

SWEDEN 

Michael Plogell 

Wistrand Advokatbyrå 

michael.plogell@wistrand.se 


A: Federal 

There are specific laws regulating advertising and other forms of marketing, 

especially the Marketing Practises Act. 


A: Yes 



A: There are several bodies involved in self-regulation. Some give decisions other 

guidelines. Some decisions are reported, but the majority of decisions made are kept 

secret. 


A: Yes 


comparisons? 

A: As one of the members of EU Sweden has to implement and follow the EU 

directives regulating this field of law. 


A: Not really. But the advertiser has to be able to substantiate his claims, so in real life 

all serious advertisers do their homework before the claim is presented in any 

advertisement. 



Radio Yes 

Internet Yes 

Print Yes 

Outdoor Yes 

A: Alcohol and tobacco products



A: You are not allowed to use the images or names of individual living persons in 

advertising without due consents. 





A: There are no generally applicable rules. But the basic principle is that you are not 

allowed to use the goodwill of others for your own commercial purposes. 


A: Yes, there are specific rules regarding prices and sales of products in the 

marketing Practises Act and other laws. 



A: No, not that I know of. 




A: Not today, but I fear that in the future you have to take into consideration but 

religious, ethnic and other cultural factors that could be objects of discrimination. 


country? 

A: Contact a lawyer before you act.

SWITZERLAND 

Peter Hofer 

Hans Frick, Peter Hofer, & George Hunziker 

peterhofer@rabenhaus.ch 


A: Both 

Great number of regulations on federal, cantonal and local level, because of the 

different competences. 


A: Yes 



A: It is widely used. Only recommendations are issued directly to the involved party, 

but no public decisions. These recommendations are highly respected (more 

than 95%). 


A: Yes 


comparisons? 

A: It has to be fair, objective, complete and not denigrating. 


A: No 



Radio Yes 

Internet Yes 

Print Yes 

Outdoor Yes 

A: alcohol, tobacco,& prescription drugs 



A: Complete ban of using (not only famous) people in advertising without their 

consent. 





A: Yes, under certain circumstances, since you may not use somebody else’s 

registered trademark. 


A: Advertising with price must not be misleading. 



A: No 




A: Not really, we seem to be very liberal. 


country? 

A: Our laws are very liberal and Switzerland is a good test market.

TAIWAN 

David. C. Chang 

Taiwan Commercial Law Offices 

lawyers@tclo.com.tw 


A: Both 

The laws or regulations regarding advertising are made on both the federal and local 

level, mostly on the federal level. No specific, single rule covering the whole topic of 

advertising has been made; thus, legal rules governing advertising can be found in 

different, separate laws. 


A: No 



A: N/A 


A: Yes 


comparisons? 

A: The main regulations regarding competitive advertising can be found in Articles 

19, 21, 22, and 24 of the Fair Trade Law, which provide as follows: 

1. No enterprise shall lessen competition or to impede fair competition by causing the 

trading counterpart(s) of its competitors to do business with itself by coercion, 

inducement with interest, or other improper means. (Section 3, Article 19) 

2. No enterprise shall make or use false or misleading representations or symbols on 

goods or in advertisements, and shall not sell, transport, export or import goods 

bearing such representations. The false or misleading representations include but are 

not limited to false or misleading representations of price, quantity, quality, content, 

production process, production date, valid period, method of use, purpose of use, 

place of origin, manufacturer, place of manufacturing, processor, or place of 

processing. (Sections 1 and 2 of Article 21) 

3. Where any advertising agency makes or designs any advertisement, or any 

advertising medium communicates or publishes any advertisement that it knows or 

should know is misleading, it shall be jointly and severally liable with the principal of 

such advertisement for damages arising therefrom. (Section 4, Article 21)

4. No enterprise shall, for the purpose of competition, make or disseminate any false 

statement that is able to damage the business reputation of another. (Article 22) 

5. In addition to what is provided for in the Fair Trade Law, no enterprise shall otherwise 

engage in any deceptive or obviously unfair conduct that is able to affect trading 

order. (Article 24) 

In addition, according to the decisions rendered by the Fair Trade Commission, in any 

of the following occurrences, competitive advertising will constitute a violation of the 

Fair Trade Law: 

1. comparison is made to one’s own advantage by selectively presenting the opinions of 

only some trading counterparts, who are not representative; 

2. comparison is made to a product or service which is of a different standard; 

3. comparison is made not on the same terms or bases; 

4. comparison is made based on testing which is not conducted using a generally 

accepted scientific method or justifiable method; 

5. an insignificant difference is emphasized; 

6. part of the product's advantage is portrayed as complete superiority; 

7. information used for the comparison is from a source which is not neutral; 

8. comparison regarding an unsubstantiated claims related to the product is made solely 

on the basis of one’s doubts, assumptions, or subjective description; 

9. a trading counterpart is misled to believe one’s product or service is superior to others 

by misleading measures, such as deceptive information or concealment of important 

information. 


A: Yes 



Radio: Yes No 

Internet: Yes No 

Print: Yes No 

Outdoor: Yes No 

A: 

1. The following advertisements are prohibited to be offered in any media: 

(1) tobacco advertisements (including without limitation on radio, television, 

newspapers, billboards, posters, and flyers); 

(2) prescription drug advertisements (save for academic medical journals);

(3) food advertisements mentioning curative effect. 

2. The approval of the competent authority is required for the advertisement of 

certain products or services to be offered in the media, such as immigration service, 

credit cards, drugs, food, and cosmetics, and for the advertisement of medical 

equipment, treatment, and services on radio or television. 



A: Using famous people in advertising without their express permission might be an 

invasion of their right of portrait and right of privacy. Rights of portrait and privacy are 

the moral rights referred in the Article 195 of the Civil Code. And Section 1 of Article 18 of 

the Civil Code provides that, if any moral right is unlawfully infringed, application may be 

made to the Court for the suppression of the infringement. 





A: Yes 

There is no provision that prohibits the use of other people’s products in advertising 

without the product owner’s permission, but it might violate the Consumer Protection 

Law or the Fair Trade Law if it constitutes false or misleading advertisement or any 

deceptive or obviously unfair conduct that is able to affect trading order. 


A: There is no specific provision on price advertising, but it might violate the 

Consumer Protection Law or the Fair Trade Law when it constitutes false or misleading 

advertising or any deceptive or obviously unfair conduct that is able to affect trading 

order. 



A: Yes 

Gender Equality in Employment Law 




A: Some issues should be taken into consideration when preparing an 

advertisement, such as public order, good morals, public interest, national image and 

political issues. 

Q: Is there any other general advice or cautions you would give to advertisers operating in 

your country?

A: There is no specific law or regulation on advertising; there are certain provisions in 

other laws and regulations with respect to public health or public interest, which are 

usually abstract and vague. Whether an advertisement violates such laws or regulations 

should be judged case by case; therefore, consulting a domestic lawyer in advance 

would be recommended.

UNITED KINGDOM 

Brinsley Dresden 

Lewis Silkin 

brinsley.dresden@lewissilkin.com 

Stephen Groom 

Osborne Clarke 

stephen.groom@osborneclarke.com 


A: Federal 

Q: Does the advertising industry in your country engage in any form of self regulation? 

A: Yes 

Q: If yes, how does the self regulatory process work? Is it widely used? Are decisions rendered in 


A: How does it work? 

The self regulatory system applies to all non broadcast advertising except for ads on 

websites for the website owner's own products. 

It works through three bodies: 

The Advertising Standards Board of Finance ("ASBOF") collects the levy on print/outdoor 

advertising spend that finances the system 

The Committee of Advertising Practice ("CAP") (1) draws up and from time to time 

updates the British Code of Advertising and Sales Promotion-known as "the CAP Code" 

for short and (2) instructs its members (consisting of trade bodies representing most UK 

owners of media carrying non broadcast media-e.g. the Outdoor Advertising Association 

and the Newspaper Publishers Association) not to carry advertising which has been 

found to breach the CAP Code 

The Advertising Standards Authority ("ASA") enforces the CAP Code by considering and 

deciding whether to uphold complaints about non broadcast advertising from members 

of the public or advertisers' competitors. 

Is it widely used? 

Yes, it is probably the most widely used and respected self regulatory ad control system 

in the world 

Are decisions rendered in writing? 

Yes they are, by way of a "Draft Recommendation" in the first instance. This is sent to the 

advertiser concerned for comment on factual inaccuracies only, then placed before the

ASA Council for final decision as to whether to uphold the complaint and if so on what 

terms. 

Are they reported anywhere? 

Yes indeed. The reports normally appear every fortnight on the ASA's website 

www.asa.org.uk and are also sent out in hard copy form to any who request them. 


A: Yes 


comparisons? 

A: The Control of Misleading Advertisements (Amendment) Regulations 2000 ("CMARs"), 

the Trade Marks Act 1994 ("TMA"), the CAP Code (see above answer) and the ITC 

Advertising Standards Code ("ITC CODE") 

CMARs 

These implemented an EU Directive. In essence they only allow comparative advertising 

(defined as any ad "which in any way, either explicitly or by implication, identifies a 

competitor or goods or services offered by a competitor") if it complies with a number of 

requirements. These are principally that the ad 

-is not misleading 

-compares goods or services meeting the same needs or intended for the same purpose 

-objectively compares one or more material, verifiable and representative features of 

those goods and services, which may include price 

-doesn't create confusion between advertiser and a competitor or between their 

respective trade marks, trade names or other distinguishing marks 

does not take unfair advantage of the reputation of a brand 

The CMARs are enforced by way, principally of the CAP Code and the ITC Code, with a 

legal long stop situation in which the fair trading/competition body the Office of Fair 

Trading can apply to court for orders preventing any further use of the advertising in 

question where it can be shown that the CAP Code and the ASA have been unable to 

stop the advertising. The OFT uses its powers here relatively rarely, less than ten times a 

year on average. 

TMA 

This follows (after a fashion) another EU Directive and provides (to summarise) that if an 

ad uses a competitor's registered trade mark, that mark will be infringed if the ad in 

question is significantly misleading 

CAP and ITC Code 

These largely follow the terms of the CMARs 


A: Yes so far as the CAP and ITC Codes are concerned. 


A: TV: Yes 

Radio: Yes 

Internet: Yes 

Print: Yes 

Outdoor: Yes 

General note-the listings below are not comprehensive. For instance most "financial 

services" advertisements aimed at the UK public will be illegal unless disseminated by an 

"authorised person". below is mainly a list of 100% prohibited categories 

TV: ITC Code 

• breath-testing devices and products that purport to mask the effects of alcohol 

• betting tips 

• betting and gaming (except football pools, bingo and lotteries permitted under 

certain legislation (mainly the national lottery) 

• all tobacco products. Also non tobacco products which share a brand name 

with a tobacco product where these are prohibited by law from advertising in 

other UK media 

• private investigation agencies 

• guns and gun clubs 

• escort agencies 

• pornography 

• the occult 

• commercial services offering individual advice on personal or consumer problems 

• ads on behalf of any body whose objects are wholly or mainly of a political 

nature 

• ads which "may be directed towards a political end" 

• ads which "may have any relation to any industrial dispute (with limited 

exceptions) 

• ads which may show partiality as respects matters of political or industrial 

controversy or relating to current public policy 

• prescription only medicines 

• bodies with political objectives 

• products for the treatment of alcohol or substance dependence 

• hypnosis based procedures, psychiatry, psychology, psychoanalysis and 

psychotherapy 

• remote medical prescription or treatment 

• homeopathic medicines without UK registration 

• some investment products 

• some bodies subject to the rules on religion, faith and systems of belief 

• most 0909 premium rate telephone services 

• some home working schemes 

• some instructional courses 

Radio: Advertising and Sponsorship Code 

• Ads for products and services coming within the recognised character of, or 

specifically concerned with, the following: 

• those who practice or advocate illegal or harmful, or potentially harmful behavior 

• betting and gaming including bookmakers, betting companies/tipsters and 

gaming machines, except (provided these are not directed at those under 16) 

premises used wholly or mainly for the provision of amusements by means of

machines where a relevant permit is in force, football pools and permitted 

lotteries (mainly the National Lottery). 

• tobacco and tobacco products 

• firearms and other weaponry 

• obscene and restricted material, prostitution and other sexual services 

• bodies whose rites and other forms of collective observance are not generally 

accessible to the public 

• advertisements of a political nature 

• prescription only medicines 

Internet: 

• Tobacco products 

• Prescription only medicines 

• Many of the product/service categories listed above, e.g. illegal lotteries and 

betting, subject to various conditions and subject to whether there is 

enforcement 

Print 

• Tobacco products but not extending to ads for rolling papers or filters and some 

point of sale advertising 

• Most lotteries except the National Lottery 

• Licensed casinos except in classified ads 

• Prescription only medicines in B2C media 

Outdoor 

• All above "Print" prohibitions except the third 

• Cards etc in public telephone boxes advertising sexual services 

Q: What is your country’s law on privacy and/or rights of publicity regarding the use of people in 

advertising without their express permission? 

A: The UK does not have statutory privacy or personality rights. Instead of these 

laws, the law in the UK comprises of a plethora of different common law and statutory 

rights, which combine to create a complex matrix. These laws and regulations include 

the following: 

(a) The common law privacy right: Until recently, the UK courts were reluctant to 

recognise a right of privacy at common law. The position has now changed, largely as a 

result of the introduction of the Human Rights Act 1998. This Act implements into English 

law the European Convention on Human Rights, Article 8 of which states that “everyone 

has the right to respect for his private and family life, his home and his correspondence”. 

The first real case to test the implications of the Human Rights Act for the development of 

the privacy right was Michael Douglas, Catherine Zeta Jones and Northern & Shell PLC v 

Hello Limited CA 21/12/2000, in which Douglas and Zeta Jones sought an interim 

injunction to prevent the publication of unauthorised photographs of their wedding in 

the defendant’s magazine. In that case, the Court accepted that Douglas and Zeta 

Jones’s right to privacy had been infringed, but for a number of reasons, it did not go so 

far as to award an interim injunction in favour of the plaintiffs. 

The substantive hearing concluded in the High Court in early March. The Judge hearing 

the case, Mr. Justice Lindsay, is expected to give his judgment within the next week. This

will undoubtedly be met by keen interest from legal commentators, publishers and 

advertisers alike. 

(b) Passing off: Passing off is the closest that English law gets to preventing the 

unauthorised commercial exploitation of celebrity, and is therefore the UK’s nearest 

equivalent to the US law of personality rights. To be successful in a passing off action, a 

celebrity would need to show: (i) he or she has “goodwill” in his or her reputation; (ii) 

there has been a misrepresentation, which in this case is most likely to be a suggestion 

that the celebrity is endorsing a particular product when the celebrity never actually 

agreed to do so; and (iii) as a consequence of the misrepresentation the celebrity’s 

goodwill has been damaged. 

The key case in this area is that of Eddie Irvine v TalkSport Limited (2002) [2002] EWHC 367 

(Ch), in which TalkSport digitally manipulated a photograph of Eddie Irvine so that he 

was depicted holding a radio with the TalkSport logo on it. TalkSport then proceeded to 

use that image in a direct mail campaign. The Court held that the advertisement was 

one that clearly gave rise to a false impression of endorsement of the radio station by 

Irvine, and concluded that the law of passing off should protect him from this 

infringement of his goodwill. 

Initially, Mr. Justice Laddie in the High Court awarded Irvine damages of only £2,000 due 

to the small scale of the promotion, which went to under 1,000 recipients and cost only 

£11,000. Earlier this month, however, the Court of Appeal held that Mr. Justice Laddie’s 

approach was “clearly wrong”. Specifically, the Court of Appeal held that instead of 

taking into account the scale of the promotion, he should have considered the fee that 

TalkSport would have had to pay to obtain a license from Irvine. Using this reasoning, 

damages were increased to £25,000, because Irvine had not signed any endorsement 

deals in 1999 for less than this amount. 

(c) Data Protection Act 1998 (“DPA”). The DPA defines personal data as any 

information concerning an identifiable living individual. This could therefore include their 

appearance. The DPA also now contains a right to compensation for any data subject 

who suffers damage as a result of an infringement by a data controller of its obligations 

under the DPA. By using a celebrity’s image in an advertising campaign without the 

celebrity’s authorisation, the advertiser could therefore be committing an offence under 

the DPA, potentially giving the celebrity the right to seek compensation. 

(d) Regulatory codes: There are also specific provisions in various regulatory codes. 

Under the British Code of Advertising, Sales Promotion and Direct Marketing (the “CAP 

Code”), for example, advertisers are “urged” to obtain written permission before referring 

to people with a public profile. A similar rule appears in the Radio Authority’s Advertising 

and Sponsorship Code (the “RA Code”). The rule in the Independent Television 

Commission’s (“ITC’s”) Code of Advertising Standards (“ITC Code”) is even more 

absolute, as it states that living people must not be portrayed in advertising without their 

consent. 


product owner’s permission? For instance, if a mustard company used a very recognisable 



A: (a) Passing off: An advertiser who used another trader’s product in an 

advertisement without the product-owner’s permission could be committing the tort of 

passing off. To be successful in a passing off action, the product owner would need to 

show that: (i) goodwill vests in their product; (ii) the advertisement contains some sort of 

misrepresentation that is likely to give rise to confusion on the part of the public, e.g. the 

advertisement is likely to mislead people into believing that there is an association 

between their product and the advertiser where no such association exists; and (iii) as a 

result of that misrepresentation, the product-owner’s goodwill is damaged. 

It is often difficult for a plaintiff to prove the existence of each of the components of a 

passing off action. In these circumstances, therefore, a successful passing off action 

would be highly unlikely. 

(b) Trade mark: If the product that is used without permission contained a registered 

trade mark, e.g. on its label, then the reproduction of that trade mark in the 

advertisement could result in a breach of s.10 of the Trade Marks Act 1994. An advertiser 

is likely to breach s.10 if (i) the trade mark is used in an advertisement for goods which are 

the same as the goods for which the trade mark is registered (subject to some 

exceptions); or (ii) the trade mark is used in an advertisement for goods that are similar to 

the goods for which the trade mark is registered, and there is a likelihood of confusion 

amongst the public (e.g. a likelihood of association between the product that is used 

without permission and the advertised product); or (iii) the use of the trade mark takes 

unfair advantage of that trade mark, or is otherwise detrimental to its repute or distinctive 

character. 

Section 10(6) of the Trade Marks Act provides a defence to an infringement 

under section 10. Section 10(6) provides that it is not a breach of section 10 to use a 

trade mark for the purpose of identifying goods or services of those of the proprietor. 

Any such usage must, however, be “in accordance with honest practices in industrial or 

commercial matters”. 

(c) The Codes: The use of another trader’s product without permission may breach 

the rules in the CAP, ITC and RA Codes, depending on the nature of the creative 

execution. Under the CAP Code, for example, advertisers are prohibited from taking 

“unfair advantage of the reputation of trade marks, trade names or other distinguishing 

marks of organisations”. Use of a product without the permission of the product owner 

could also constitute a breach of clause 5.4.1 of the ITC Code, which prohibits advertisers 

from misleading consumers. The Notes of Guidance produced by the Broadcast 

Advertising Clearance Centre (which provides pre-transmission clearance for television 

advertising) also state that particular care should be taken to avoid the incidental 

portrayal of identifiable goods in a context to which the company concerned may 

reasonably take exception. An advertisement is unlikely to be approved for broadcast, 

for example, if it shows an identifiable model of car broken down at the roadside. There 

are also rules in each of the three Codes, which prohibit advertisers from unfairly 

denigrating or attacking another product or service. 

Q. Are there any restrictions or regulations with respect to price advertising? 

A: Yes. These restrictions include the following: 

(a) The Consumer Protection Act 1987: Section 20(1) of the Consumer Protection Act 

makes it a criminal offence to give a “misleading price indication” to consumers. 

The Department of Trade and Industry’s Code of Practice for Traders on Price

Indications (the “Code of Practice”) defines a price indication as including (i) a 

comparison between a trader’s new price and a its own previous price, e.g. 

claims such as “50% off”; (ii) a comparison between a trader’s price and its own 

subsequent price, e.g. “introductory offer”; and (iii) a comparison between a 

trader’s prices and those of its competitor. The purpose of the Code of Practice is 

to provide guidance to traders as to what constitutes a “misleading” price 

indication. 

(b) The Price Marking Order 1999: The Price Marking Order sets out rules applying to 

the display of the selling price of goods and services and, in the case of products 

sold in bulk, the display of the price of a unit or quantity of those goods. Amongst 

other things, it obliges traders to indicate all prices in Pounds Sterling and to 

include VAT in the prices quoted to consumers. 

(c) The Consumer Protection (Distance Selling) Regulations 2000 (the “Distance 

Selling Regulations”): The Distance Selling Regulations transpose into UK law 

Directive 97/7 EC, and set out rules applicable to contracts that are concluded 

with a consumer “at a distance”, e.g. over the internet or through the mail. 

Amongst other things, the Distance Selling Regulations require traders who sell 

goods or services at a distance to give the customer basic information about the 

goods/services offered before the contract is concluded, including the price. 

That information and certain further information must then be confirmed in 

writing. Finally, the consumer must be given at least 7 days during which they 

may cancel the contract. 

(d) Consumer Credit Act 1974: This lays down rules for advertisements that offer credit 

to consumers. Amongst other things, the Consumer Credit Act sets out the 

information that must be given in credit advertisements, e.g. “full” (i.e. detailed) 

credit advertisements must include a description of key restrictions, the annual 

percentage rate, and a statement that written quotations are available on 

request. 

(e) The CAP Code: A number of pricing rules are set out in the CAP Code. Amongst 

other things, the CAP Code states that prices should be clear and should relate to 

the product advertised. All prices quoted in advertisements should include VAT. 

Further, price claims (e.g. “up to” and “from”) should not exaggerate the 

availability of benefits likely to be obtained. 

(f) The ITC Code: This also lays down a number of pricing rules, which are designed 

to prevent consumers from being misled. Like the CAP Code, the ITC Code states 

that quoted prices must include non-optional tax, duties and fees. If the 

advertisement includes any installment price, then the total price must be equally 

prominent. 

(g) The RA Code: This also states that prices quoted in advertisements must include 

VAT, must be accurate and must not mislead. 

Q. Are there any laws, restrictions or regulations which are particular to the culture of your 


A: There are a number of rules which restrict the use of, or reference to, the Royal Family for 

promotional purposes, including: 

(a) It is an offence under the Trade Descriptions Act 1968 to make false 

representations of Royal approval. 

(b) It is an offence under section 99 of the Trade Marks Act 1994 to use the Royal 

arms without the authority of the Queen, and in such a manner as to lead people 

to believe that the user is authorised to use the Royal arms.

(c) The use in company names of words such as King, Queen, Prince, Princess and 

Royal is prohibited by the Company and Business Names Regulations 1981. 

(d) Clause 13.4 of the CAP Code provides that members of the Royal Family should 

not normally be shown or mentioned in advertising without their prior permission. 

(e) Rules issued by the Lord Chamberlain’s Office govern the commercial use of 

Royal photographs. As with the CAP Code, these provide that Royal 

photographs may not be used for advertisement purposes, except in an 

advertisement for a book written about a member of the Royal family, or a 

magazine or newspaper containing an article on a member of the Royal family. 

Q. Are there any cultural norms that should be considered when preparing advertising to be 



A: 

(a) : Multiculturalism and diversity: Respect for, and tolerance of, different 

sections of British society is a key cultural norm. This is reflected in the various 

regulatory codes. The CAP Code, for example, states that particular care must 

be taken to avoid causing offence on the grounds of race, religion, sex, sexual 

orientation or disability. Similar rules are to be found in the ITC and RA Codes. 

Perhaps unsurprisingly, then, the most complained-about non-broadcast 

advertisements featured a photograph of Pope John Paul II wearing a hard hat 

with the headline “Thou shalt always wear a condom”. The complaints were 

upheld on the basis of the serious and widespread offence which the 

advertisement caused to Catholics. As a further example, complaints have also 

been upheld about advertising that misleadingly implied that all asylum seekers 

were illegal immigrants. 

(b) Animals: The affection that British people feel for animals is also reflected in the 

complaints made to the various regulatory bodies. Recently, for example, a 

number of complaints were upheld by the Advertising Standards Authority about 

a non-broadcast advertisement for a computer game which featured animated 

animal parts. These complaints were upheld on the grounds of the widespread 

offence caused. There are also advertising rules that deal specifically with 

animals, e.g. the ITC Code, which states that “where the behaviour of animals 

has been controlled for the purpose of making an advertisement, licensees must 

not show it without satisfactory evidence that the animals were not killed or 

caused pain or distress”. 


country? 

A: Advertisers are unlikely to breach any UK laws or regulatory codes if they adhere 

to the following principles: (i) advertising should not be misleading in any way; (ii) 

advertising should be prepared with a sense of responsibility to consumers; and society; 

and (iii) advertisers should respect the principles of fair competition.

UNITED STATES 

Douglas J. Wood 

Reed Smith Hall Dickler 

dwood@reedsmith.com 



On a federal level, section 5 of the Federal Trade Commission (“FTC”) Act prohibits unfair 

or deceptive acts or practices. Some special industries, e.g., alcohol, banking, dietary 

supplements, and pharmaceuticals, are subject to industry specific federal regulation. 

On a regional level, most states have “mini-FTC” acts, granting state attorneys general 

similar authority to enforce the truth and accuracy of advertising claims. In addition, 

specific business sectors, e.g., automobile sellers, are subject to specific state laws. 

In addition to the general advertising regulations under the federal and state laws, e-mail 

advertising is effected by twenty-six different state unsolicited e-mail (a/k/a spam) laws. 

These requirements include “ADV” in the subject line, a valid unsubscribe link in the email, 

and prohibitions on false or misleading header and routing information. 


A: Yes No 



A: The National Advertising Division (“NAD”) of the Council of Better Bureaus, an 

organization funded by advertisers, reviews the truth and accuracy of national 

advertising claims. Challenges can be instituted by a competitor or directly by the NAD. 

As this process is less expensive and time-consuming than litigation, it is frequently used 

by advertisers. While self-regulatory in nature and absent any right of the NAD to compel 

adherence to its decisions, decisions are usually followed. 

Written procedures and time schedules govern the process by which a challenge is 

resolved, including opportunities to review and critique materials filed in opposition to 

and in support of challenged claims. Procedures also provide for a right of appeal to the 

National Advertising Review Board (also a part of the Council of Better Business Bureaus) 

if a decision adverse to a challenged advertiser is rendered by the NAD. 

Press releases announcing each decision are released publicly. In additions, decisions of 

the NAD and the NARB are published in a monthly compendium of the prior month’s 

decisions. While not typical, news media may report on the decisions.

The four major television networks (ABC, CBS, NBC and Fox), some print publications (e.g., 

The New York Times and Good Housekeeping magazine), and some trade associations 

(e.g., DISCUS, the trade association that oversees distilled beverage advertising and 

marketing practices) have established procedures for competitors to challenging 

advertising claims. The substantiation and critiques are reviewed internally, and there is 

no written decision. These procedures are also frequently used. 


A: Yes No 


comparisons? 

A: The advertiser must have in hand a reasonable basis for claims before they are 

made. Comparative advertising claims must be truthful and accurate. 

In evaluating the truth and accuracy of a claim, courts and regulators look to the overall 

net impression created by the advertisement. Thus, even if everything stated is literally 

true, the net impression could be false and misleading. 

Advertisers are responsible to support both express and implied claims. 


A: Yes No 



Radio Yes No 


Print Yes No 


For example, cigarettes cannot be advertised in broadcast advertisements, on 

billboards, and are restricted in print publications with a large readership under 18 years 

of age. 



A: Privacy and publicity rights are governed by state law. Most require prior written 

permission to use a person’s name, photograph or likeness for a commercial purpose. 

Some of the statutes are broader and also protect voice and identity while others 

provide post-mortem rights to celebrities for a specified number of years. 





A: Yes No It Depends 

Although the fleeting and incidental use of another product in advertising is permitted, if 

the use of the product is more integral to the advertising, the product’s owner could 

bring a claim alleging false association or false endorsement under trademark law. 


Pricing claims may not be deceptive or misleading, and they must be substantiated. 

Former price comparison claims must be based on the normal price at which the 

product was previously sold to the public. Price comparisons with competitors must be 

based on the actual prices at which the competitors are selling the referenced product. 

Any other basis for savings claims must be disclosed. Offering consumers one product 

with the intention of selling them another more expensive product (“bait and switch”) is 

not permitted. 



A: Yes No 




Advertising in the United States tends to be sensitive to ethnic, religious, and gender 

issues. 


country? 

Prior to disseminating advertising in any media, confirm that all claims are truthful and 

adequately supported, that, where appropriate, written permission to use a person’s 

photographs and names has been obtained, and that written permission is in hand to 

use any copyrighted and trademarked materials. Remember that Web sites are 

considered advertising and advertising laws apply online.

URUGUAY 

Dr. Rafael Zerbino Stajano 

Bado Kuster Zerbino & Rachetti 

rzerbino@bkzr.com.uy 


A: National law 

Advertising is regulated in our country by Law N° 17.250, enacted in August 2000. This law 

governs all Consumer Relations and makes provisions for the Protection of the Consumer. 


A: Yes 



A: AUDAP (the Uruguayan Association of Advertising Agencies) has its own Code of 

Ethics, which governs and provides guidelines for the relations among advertising 

agencies. 


A: Yes 


comparisons? 

A: Competitive comparisons are governed by article 25 of Law N° 17.250, which 

stipulates that: "... will be permitted if it is based on the objectivity of the comparison and 

not on subjective data of psychological or emotional nature, and provided that the 

comparison can be confirmed". In conclusion, it is essential that the following premises 

are taken into account: "objectivity of the comparison", "ability to prove the affirmations 

made in the advertisement", "material truth and authenticity of the information 

contained in the advertisement". 


A: No 

The claims made in an advertisement do not require pre-existing substantiation by any 

official entity as to their truth or viability. However, in the case of a complaint or claim, 

the supplier and/or advertiser of the advertised products or services must substantiate 

their affirmations as well as the material veracity and accuracy of the data contained in 

the information or communication. The regulatory decree of the law stipulates the 

obligation of the supplier and advertiser to retain all the documentary material used in 

the promotion and publicity for a 90-day period after termination of the publicity

campaign. This obligation has been established for the event that a claim or demand is 

presented in respect thereto. 


Television: No 

Radio No 

Internet No 

Print No 

Outdoor No 

A: There are no restrictions in respect to advertising products or services in the 

abovementioned media. However, in the case of tobacco, Law N° 15.361 of January 1, 

1983, makes certain provisions in respect to its publicity. In radio, every fifth mention of 

the product must be accompanied by a warning to the effect that "smoking is harmful to 

health". In television spots this same warning must be projected in clearly visible letters 

over the spot. The same warning note must be put on billboards, packaging, etc. There 

are also restrictions as to alcoholic beverages and cigarettes, prohibiting their sale to 

minors under 18 years of age. There are also specific provisions as to credit offers, 

described in the chapter on price advertising. 



A: As to the use of famous people in advertising, there is no specific rule to govern 

this aspect, but article 21 of the Copyright Law, which makes provisions as to the use of 

pictures and images of people in publicity, might be applicable. The article provides for 

the express prior consent of the person involved, and after his/her death, of his/her 

spouse, children or parents. The person who has granted his/her consent may revoke it 

at any time, but in this event, he/she is liable for the damages resulting thereof. 

On an exceptional basis, this same legal article provides for the freedom of publishing a 

picture when related to scientific, didactic and, in general, cultural purposes or events of 

public interest or that have taken place in public. 

In regard to this question, we might mention other dispositions, e.g. those contained in 

article 7 of the National Constitution, reading: "The inhabitants of the Republic are 

entitled to protection in the enjoyment of their life, honour, liberty, security, work and 

property, ...", which comprises all rights inherent in human nature, and among others, the 

right to privacy. 





A: No 

There are no specific provisions to rule this type of situation, although in the event of 

damages, general provisions referring to extra-contractual liability may be invoked (e.g.: 

unjust enrichment, Civil Code) and the guiding principles for publicity set out in the Law 

on Consumer Relations (Consumer Protection). Eventually one could also refer to the

Trademark Law -N° 17.011- insofar as it concerns the improper use of distinctive signs. In 

respect to publicity using other people's products or services and the use of which might 

damage the goodwill of said products and services, one might invoke the Paris 

Convention on Unfair Competition (ratified by Uruguay), lacking national legal provisions 

on this subject matter. 


A: No 

There is no specific provision, however the Law on Consumer Relations stipulates that a 

supplier or advertiser, making sales promotions, must provide the following information: 

(a) The price (including taxes); 

(b) In the case of sales on credit or financing, the cash price, the total financed price 

and taxes, as well as the number of payments or installments and their frequency. 

(c) The method of price adjustments, interest rates, default, etc. 

The advertised price must be clearly visible, taking into account the provisions set out in 

(a) and (c), as well as other dispositions set out in the referenced law. Every promotion of 

products and services must provide clear and precise information as to the object of the 

promotion and its characteristics. The person ordering the promotion is obliged to 

include all the information referred to in the promotion and publicity, by whatever media 

or means of communication, in the sales agreement to be entered into with the 

consumer. 

Q: Are there any laws, restrictions or regulations that are particular to the culture of your country, 

which affect advertising, e.g. Swedish gender equality law? 

A: No 

There are no particular prohibitions in this regard, unless the publicity contains elements 

that are offensive to public morals and of obscene nature (e.g. pornography). There are 

special hours in protection of minors; e.g. during certain hours the projection of movies or 

publicity, considered inappropriate for minors, is prohibited in open TV. 




A: No 

However, there is always the possibility that some part of society (church, congregation, 

gender group, foundation, etc.) might start a campaign or file a complaint against a 

certain publicity/advertisement, when they feel that their principles (ethnic, religious, 

etc.) have been offended. 

Our Constitution establishes freedom of speech. 


country?

A: We would recommend that all advertising respect the basic guidelines for 

publicity (Law on Consumer Relations) and third parties' rights, trying to avoid borderline 

situations that might provoke conflicts. In this connection, one should also take into 

account the Intellectual Property Law (Copyrights-Trademarks), individual rights and 

essentially all rights set down in the Constitution of the Republic.

VENEZUELA 

Ricardo A Antequera 

Estudio Antequera Parilli & Rodríguez 

ricardoalberto@antequera.com.ve 



There is no specific legislation that regulates the subject. It is find spread through various 

legislation (i.e. Intellectual Property, Unfair Competition, Consumer Protection). 


A: Yes No 



A: There is an Ethic Code, subscribed between the main Associations of Advertising 

Agencies and the Announcers (clients). If a conflict arise, then a mediation procedure 

begins, which ends with a document of recommendation addressed to party who could 

have break the law, in terms of deceptive information or publicity. This is a text not very 

permissive in terms of comparative advertising, and has become ineffective in time (only 

“moral” sanctions apply). 


A: Yes No 


comparisons? 

A: It is permitted as long as it is used in good faith and that such use is confined to 

the purpose of informing the public and is unlikely to lead to confusion over the 

corporate origin or the goods or services concerned. 


A: Yes No 



Radio Yes No 


Print Yes No 

Outdoor Yes No

A: mainly, alcohol (but in Radio and private cable advertising of beers is allowed), 

tobacco and prescription drugs. 



A: Civil Code (protection of individual rights in general) and Copyright Law, which 

could be used in case of unauthorised use of famous performers, are the most common 

legal avenues to explore when facing these kind of cases. 





A: Yes No 

Especially in cases of well-known trademarks, the product used without express 

permission will have a right of action for trademark infringement, since such use could be 

considered a thread to the distinctive force or the value of that trademark for 

commercial or advertising purposes or by taking unfair advantage of the prestige of the 

trademark or of its owner, could unjustly damage the registration owner’s economic or 

commercial interests 


A: YES, it is mandatory to print on the products the sale price and expiration date. 

However, there are no limitations in terms of advertising price advantage for certain 

products/services. 



A: Yes X No 

The use of infants on TV advertising is restricted to certain kind of products/services and 

hours on which they could appear . 




A: Historically, our country has not set restrictions based on such specific conditions 

(religion, social status, political affiliation), but during this times of political conflicts, it is 

advisable to take these subjects into account, depending on the scope and targets of 

certain campaigns 


country? 

A: See above comment.

ZIMBABWE 

Brenda Wood Kahari 

BW Kahari Law Office 

bwkahari@mweb.co.zw 


A: Neither 

Q: Does the advertising industry in our country engage in any form of self-regulation? 

A: Yes 

Q: If yes, how does the self-regulation process work? Is it widely used? Are decisions rendered in 


A: Institutions are regulated by The Advertising Standards Association of Zimbabwe 

(ASAZ). This consists of several organs: 

Advertising Media Association, this is an association of media houses e.g. Zimbabwe 

Broadcasting Cooperation, The Herald, Alliance Media etc. Media houses in Zimbabwe 

reserve the right to refuse to air material which they do not consider appropriate and 

therefore play a major role in regulation. 

Zimbabwe Advertising Practioners Association (ZAAPA) and Communication Industry 

Association (CIA), these represent the advertising agencies e.g. Saatchi and Saatchi, 

Leo Burrnet, Lintas etc, through this, association agencies are able to regulate each 

other. 

Association of Zimbabwe Advertisers, this is an association of companies such as Lever 

Brothers and PSI. They also play a part in the regulation of advertising as they are the 

ones who advertise so they to be able to protect their own interests. 

All of these contribute to the regulatory process but institutions have their own standing 

regulations. 

Yes, this is widely used in Zimbabwe. Decisions are rendered in writing but are rarely 

reported. 

Q: Does you country permit comparative advertising? 

A: No 

Q: If yes, what are the major restrictions and regulations with respect to such comparative 

comparisons? 

A: N/A 

Q: Is pre-existing substantiation required for claims made in an advertisement?

A: Yes 

Q: Are there any Products or services that cannot be offered in certain media? 


Radio: Yes 

Internet: No 

Print: Yes 

Outdoor: Yes 

E.g. Tobacco, prescription drugs, certain professions, etc 


people in advertising without their permission? 

A: You must ask for permission before using a person in an advert. If you do not have 

written permission the person has right of action. 

Q: What is you country’s law on the use of other people’s products in advertising without the 

owners permission? For instance, if a mustard company used a very recognizable automobile as 

part of its advertisement, would the automobile company have a right of action against the 

mustard company for false affiliation or false endorsement? 

A: Yes, if the company in this scenario felt their product was in any way demeaned 

they would have right of action. Additionally, if they felt their product (the automobile) 

had increased mustard sales they would be well within their rights to sue for damages if 

the mustard company did not have permission. 


A: No restrictions however if you advertise a price you are obligated to sell your 

product at that price. 


country which affects advertising, e.g. Swedish gender equality law? 

A: There are no actual laws or restrictions however there are few regulations. For 

example, you cannot advertise for a job and say “wanted black male”, nor can u say 

“wanted Ndebele person” you have to say “wanted person fluent in Ndebele” 


disseminated in your country (e.g. strong religious or ethnic presence that might affect the 


A: It depends on who you are trying to target, e.g. a large group of people 

(members of a church) where once offered buses by ZUPCO, these buses had the logo 

of a beer company on them so they refused the buses and opted to walk. Whether 

material is appropriate or not depends on the particular group you are targeting, some 

would have found these buses acceptable, however, things such as nudity and sex 

scenes in adverts would not be well received by the general public.

Q: Is there any other advice or cautions you would give to advertisers in your country? 

A: Advertisers must not upset the cultural feel of their target audience.

ARGENTINA 

Dámaso A. Pardo 

Pérez Alati, Grondona, Benites, Arntsen & 

Martínez de Hoz (h)-Intellectual Property 

Suipacha 1111, Piso 18 

C1008AAW Capital Federal 

54.11.4114.3000 

dap@pagbam.com.ar 

www.pagbam.com.ar 

AUSTRIA 

Stefan Kofler 

Greiter, Pegger, Kofler & Partners 

Maria-Theresien-Strasse 24, A-6020 

Innsbruck, Austria 

43 512 571811 

stefan.kofler@greiter.lawfirm.at 

www.greiter.lawfirm.at 

BRAZIL 

Valdir Rocha & Manuela Sumares 

Veirano Law Firm 

Avenida Presidente Wilson, 231, 23.andar 

20030-021 Rio de Janeiro, Brazil 

55.21.3824.4747 

valdir.rocha@veirano.com.br 

manuela.sumares@veriano.com.br 

www.veirano.com.br 

LIST OF CONTRIBUTORS 

AUSTRALIA 

Peter Le Guay 

Cowley Hearne Lawyers Pty. Limited 

Victoria Cross Building, Level 10 

60 Miller Street 

NORTH SYDNEY NSW 2060 

61.2.9956.2147 

pleguay@cowleyhearne.com.au 

www.cowleyhearne.com.au 

BELGIUM 

Jan Ravelingien 

Marx Van Ranst Vermeersch & Partners 

Avenue de Tervueren 270 

1150 Brussels – Belgium 

32.2.285.01.00 

jan.ravelingien@mvvp.be 

www.mvvp-law.be 

CANADA 

Wendy Reed 

Heenan Blaikie 

P.O. Box 185, Suite 2600, South Tower, 

Royal Bank Plaza, Toronto 

Ontario, Canada M5J 2J4 

416.360.3542 

wreed@heenan.ca 

www.heenanblaikie.com

CHILE 

Rodrigo Albagli 

Albagli, Zaliasnik & Cia. 

Miraflores 130, 25 th Floor 

832-0215 Santiago -Chile 

56 2 4456000 

ralbagli@az.cl 

www.az.cl 

COSTA RICA 

Uri Weinstok M. 

Niehaus & Weinstok 

PO Box 493-1000 

San José, 1000, Costa Rica 

506.258.4333 

uweinstok@niehauslaw.com 

www.niehauslaw.com 

CZECH REPUBLIC 

Filip Winter 

Winter & spol. 

Prague 2, Vinohradska 12, 

Czech Republic 

420.224.222.235 

filip.winter@akwinter.cz 

www.akwinter.cz 

COLOMBIA 

Ricardo Duarte Duarte 

Duarte Garcia & Asociados – DG&A - 

Carrera 14 No. 104 - 63 

Bogota, D.C. Colombia 

57.1.637.2500 

rduarte@col-law.com 

www.col-law.com 

CROATIA 

Aleksandr Bijelic 

Vukmir & Associates 

Pantovcak 35 

Zagreb 10 000 Croatia 

385.1.376.0511 

aleksandr.bijelic@vukmir.net 

www.vukmir.net 

DENMARK 

Johan Løje 

Sandel, Løje & Wallberg 

Frederiksgade 7, PO Box 9006 

DK-1265 Copenhagen K, Denmark 

45.33.11.46.22 

jl@slw.dk 

www.slw.dk

ECUADOR 

Rodrigo Bermeo R. 

Bermeo& Bermeo Law Firm 

World Trade Center, Tower B, 12 th Floor 

Quito 17-12-881, Ecuador 

593 2 2545871 

bblaw@uio.satnet.net 

www.bermeo-law.com 

FRANCE 

Michel Béjot & Barbara Doittau 

Bernard Hertz Béjot 

8, rue Murillo 

75008 Paris 

France 

33.1.43.18.80.80 

bejot2@aol.com 

bdoittau@bhbfrance.com 

www.bhbfrance.com 

GREECE 

Corina Fassouli- Grafanaki 

Law office 

W. Muchtaris / C. Fassouli & Partners 

16, Panepistimiou Str. 10672 Athens 

tel : 0030 – 210 – 3628727 

lawofmf@otenet.gr 

FINLAND 

Eeva Hakoranta 

Bernt Juthström 

Roschier Holmberg Attorneys Ltd. 

Keskuskatu 7 A 

001 00 Helsinki Finland 

358.20.506.6000 

eeva.hakoranta@roschier.com 

bernt.juthstrom@roschier.com 

www.roschier.com 

GERMANY 

Peter Schotthöfer 

Schotthöfer & Jennes 

Grillparzerstrasse 38, 

D-81675 Munich 

Germany 

49.89.890.416.0190 

pwsjur@schotthoefer.de 

www.schotthoefer.de 

HUNGARY 

Matías Vallejos Meana 

Salló Ügyvédi Iroda 

Honvéd utca 38. IV./7. 

1055 Budapest 

36.1.331.0311 

sallolaw@mail.datanet.hu 

www.decapoa.com

INDIA 

Sharad Vadehra 

Kan and Krishme 

806, Plot No. A-09, GDITL Northex Tower, 

Netaji Subhash Place, Pitampura, 

Delhi-110034, India 

91.11.27153359 

knk@kankrishme.com 

www.kankrishme.com 

ISRAEL 

David Wolberg 

David Wolberg Intellectual Property Law 

PO Box 1647 

Even Yehuda, 40500 

972.9.899.7477 

dwoldberg@netvision.net.il 

MALAYSIA 

Patrick Mirandah 

Ella Cheong Mirandah & Sprusons (M) 

Suite 3b-19-3, Level 19 

Block 3b, Plaza Sentral 

Jalan Stesen Sentral 5 

50470 Kuala Lumpur 

603.22788686 

malaysia@ecms-asia.com 

www.ecms-asia.com 

IRELAND 

Conor Griffin 

Duncan Grehan & Partners Solicitors 

Gainsboro House 

24 Suffolk Street 

Dublin 2 

353.1.6779078 

cgriffin@duncangrehan.com 

www.duncangrehan.com 

ITALY 

Felix Hofer & Maria Luisa Cassandro 

Studio Legale Hofer Lösch Torricelli 

9, via delle Mantellate, 50129 

Florence, Italy 

39.055.471882 

fhofer@hltlaw.it 

mlcassandro@hltlaw.it 

www.hltlaw.it 

MEXICO 

Roberto Arochi & Karl Tessman 

Arochi, Marroquín & Lindner S.C. 

Insurgentes Sur 1605, 20 th Floor 

San José Insurgentes 

5255.50952050 

rarochi@aml.com.mx 

ktessman@aml.com.mx 

www.aml.com.mx

NETHERLANDS 

Jan Willem Fernhout 

Van Till Advocaten 

De Lairessestraat 131/135 

1075 HJ Amsterdam 

31.20.470.0177 

j. ferhhout@vantill.nl 

www.vantill.nl 

NIGERIA 

Femi Olubanwo 

Banwo & Ighodalo 

98, Awolowo Road, S.W. 

1koyi, Lagos 101232 

234.1.2694724; 

banwigho@linkserve.com.ng 

www.banwo-ighodalo.com 

PERU 

Jose Barreda 

Barreda Moller 

Avda. Angamos Oeste 1200 

Lima 18 

511.221.5715 

mail@barreda.com.pe 

www.barreda.com.pe 

NEW ZEALAND 

Erich Bachmann 

Peter Woolley 

Hesketh Henry 

41 Shortland Street, Private Bag 92093, 

Auckland 1030, DX CP 24017 

64. 9 375 8709 

erich.bachmann@heskethhenry.co.nz 

peter.woolley@heskethhenry.co.nz 

www.heskethhenry.co.nz 

PARAGUAY 

M. Yolanda Pereira Z. 

Berkemeyer Attorneys & Counselors 

Benjamin Constant 

835 c/Ayolas - 4 th Floor 

Asuncion 285, P.O. Box 2 

595.21.446706 

yolanda.pereira@berke.com.py 

www.berke.com.py 

POLAND 

Dr. Ewa Tefelska 

Soltysi ski, Kawecki & Szlezak Legal 

Advisors 

Wawelska 15 B, 02-034 

Warsaw, Poland 

48.22.608.7000 

ewa.tefelska@skslegal.pl 

www.skslegal.pl

PORTUGAL 

César Bessa Monteiro 

Abreu, Cardigos & Associados 

Av. das Forças, 125, 12º Andar, 

1600-079 Lisboa 

351.21 723 18 00 

cesar.b.monteiro@abreucardigos.com 

www.abreucardigos.com 

ROMANIA 

Gilbert P. Wood 

Wood Lupascu Dumitrescu & Associates 

SCPA 

ING Building 

11-13 Soseaua Kiseleff 

011342 Bucharest, Romania 

40.21.222.8888 

Gilbert.Wood@wldlaw.ro 

SOUTH AFRICA 

Chris Job 

Adams & Adams 

PO Box 1014 Pretoria 0001 

27.12.481.1500 

ckj@adamsadams.co.za 

www.adamsadams.co.za 

PUERTO RICO 

Raymond A. Cabrera/Silvia G. Rico 

Cabrera & Rico 

867 Muñoz Rivera Ave. 

Suite D403 

San Juan, PR 00925 

787.754.9754 

services@cabrera-rico.com 

www.cabrera-rico.com 

SINGAPORE 

Chor Pee & Partners 

3 killiney Road #07-01/02 

Winsland House 1 

Singapore 239519 

65.6332.9555 

gala@chorpee.com 

www.chorpee.com 

SPAIN 

Gerhard W. Volz & F. Bances Handschuh 

Schiller Abogados 

Capitán Haya 3 -1 st Floor 

E-28020, Madrid 

34.91.417.97.80 

gwvolz@schillerabogados.es 

www.schillerabogados.com

SWEDEN 

Michael Plogell 

Wistrand Advokatbyrå 

Lilla Bommen 1, 

SE-411 04 Gothenburg 

46.31.771.21.00 

michael.plogell@wistrand.se 

www.wistrand.se 

TAIWAN 

David C. Chang 

Taiwan Commercial Law Offices 

2/F, No. 131 Min Sheng E. Rd., Sec. 3, 

Taipei 105, Taiwan 

886.2.27176657 

lawyers@tclo.com.tw 

www.tclo.com.tw 


Stephen Groom 

Osborne Clarke 

Hillgate House, 26 Old Bailey 

London, EC4M 7HW 

44. 20. 7246.8078 

stephen.groom@osborneclarke.com 

www.osborneclarke.com 

SWITZERLAND 

Peter Hofer 

Hans Frick, Peter Hofer, George Hunziker 

Rechtsanwälte 

Schifflände 5 (Hechtplatz) 

PO Box 614 

CH-8024 Zurich 

41.1.250.43.70 

peterhofer@rabenhaus.ch 

www.rechtsanwaelte-rabenhaus.ch 


Brinsley Dresden 

Lewis Silkin 

12 Gough Square 

London EC4A 3DW 

20.7074.8069 

brinsley.dresden@lewissilkin.com 

www.lewissilkin.com 

UNITED STATES 

Douglas J. Wood 

Reed Smith Hall Dickler 

599 Lexington Avenue 

New York, NY 10022 

212-549-0377 

dwood@reedsmith.com 

www.reedsmith.com 

www.adlaw.com

URUGUAY 

Dr. Rafael Zerbino Stajano 

Bado, Kuster, Zerbino & Rachetti 

Paysandú 935, 3 rd Floor, 

Montevideo 11100, Uruguay 

598.2.902.0395 

rzerbino@bkzr.com.uy 

www.bkzr.com.uy 

ZIMBABWE 

Brenda Wood Kahari 

BW Kahari Legal Practicioners 

Baronage House 

24 Lanark Road, 

Belgravia, Harare, Zimbabwe 

263 4 250994/5 or 253942; 

bwkahari@mweb.co.zw 

www.lawyersforafrica.com 

VENEZUELA 

Ricardo Alberto Antequerra 

Estudio Antequerra Parilli & Rodríguez 

Edificio Centro COINASA, PH-B 

Avenida San Felipe 

LA CASTELLANA 

Caracas 1060 Venezuela 

58212 2639944 

ricardoalberto@antequera.com.ve 

www.antequera.com.ve 

© Global Advertising Lawyers Alliance (GALA) 2004 

All Rights Reserved

International Advertising Clearance - May 2004 - GALA

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