International Advertising Clearance - May 2004 - GALA

CHILE
Rodrigo Albagli
Albagli, Zaliasnik & Cia.
ralbagli@az.cl
Q: Is advertising regulated on a federal or regional level (or both)?
A: Federal Regional Both
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.
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
writing? Are they reported anywhere?
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.
Q: Does your country permit comparative advertising?
A: Yes
Q: If yes, what are the major restrictions and regulations with respect to such competitive
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.
Q: Is pre-existing substantiation required for claims made in an advertisement?
A: NO ANSWER PROVIDED
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