International Advertising Clearance - May 2004 - GALA

Legal Regulatory Structure
Industry Self-Regulation?
Comparative Advertising
Allowed? Issues? (See footnote
for explanation of "usual and
customary criteria")
Prohibited Product Ads?
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?
Complete Answers
INTERNATIONAL ADVERTISING CLEARANCE
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.
Yes, subject to usual and
customary criteria
Yes, subject to usual and
customary criteria
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.
Yes, with codified
guidelines and a
mediation procedure.
Yes, subject to usual and
customary criteria
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
Permission required
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”
*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.