International Advertising Clearance - May 2004 - GALA

COLOMBIA
Ricardo Duarte Duarte
Duarte Garcia & Asociados – DG&A -
rduarte@col-law.com
Q: Is advertising regulated on a federal or regional level (or both)?
A: National level.
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 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.
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: 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.
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?
Television: No
Radio No
Internet No
Print No