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DENMARK Johan Løje Hans Flensted – Jensen Sandel, Løje & Wallberg jl@slw.dk www.slw.dk 1. Title Sexist advertisement Topic: Advertising by real estate agent considered to be sexist When: December 2004 The Case: A Danish real estate agent issued advertisements for an office building in the media – both in newspapers and on the Internet. The illustration below shows the advertisement. The text in connection to the picture says: “Personal ad: Beautiful and seductive estate is seeking total exploitation…” The Danish Women’s Council complained to the Consumer Ombudsman. According to the Council the advertisement created a picture of women as unintelligent beings that could be used for anything. Further, according to the Council, it showed women as objects being sexually available for everyone. The Danish Consumer Ombudsman agreed with the Women’s Council and found that the advertisement reduced females to sex objects. It was unethical and inappropriate. This was especially so because many women must accept violence and sexual abuse from their husband, as the Danish media had dealt with extensively in the fall. Therefore the Consumer Ombudsman requested that the estate agent stop the marketing campaign. The estate agent did so by replacing the woman
with a white silhouette. But the Consumer Ombudsman did not find this sufficient, and therefore the estate agent ended the campaign. Comments: The argument from the Consumer Ombudsman is probably fair. But it is interesting that he refers to what the media has been dealing with recently, instead of just leaving the argument as is. Further, the replacement with the white silhouette by the estate agent shows a good sense of humor. Albeit the campaign was considered illegal, it was a great success according to the estate agent. The advertisement resulted in a significant number of interested leasers. 2. Title TV commercial for the Prime Minister? Topic: Advertisement for a biography of the Prime Minister not considered illegal When: December 2004 The Case: At the nationwide Danish TV-station TV2, an advertisement was shown of a biography of the Danish Prime Minister. The commercial showed the book with a picture of the Prime Minister, with the following voice over: “You know the name, but do you know who he really is?” This was followed up by “this year’s most praised biography by the reviewers!” The Danish Radio and TV Authority Board received a complaint from the youth organization of the opposition party. According to their opinion the commercial was a mere advertisement for the Prime Minister, instead of the biography of him. The youth organization found that the advertisement appeared as propaganda for the Prime Minister rather than marketing measures for the book about him. According to the plaintiff, this was a violation of the Danish code on Radio and TV commercials prohibiting advertising for political parties or elected members of political assemblies. The Radio and TV Authority Board disagreed with the youth organization. According to the Board the advertisement only focused on the private individual of the Prime Minister, and not in particular on the political figure. The advertisement was focusing on the man behind the power. The Board also concluded that there was no evidence showing that the Prime Minister contributed to the decision on how to construct the advertisement, and when to show it. Therefore the Board did not find the advertisement illegal propaganda for a political figure. Comments: Most likely the complaint from the youth organization came, because of the upcoming general election to the Danish parliament. It can of course give food for thought that such a commercial is launched only weeks before the same Prime Minister announced the election. But the advertisement clearly focuses only on the private person and the biography as such, and not the political figure. 3. Title Spam e-mails and text messages Topic: Debitel fined approximately. 28000 - Euro for spamming When: March 2005 The Case: In the spring 2003 The Danish telecoms company – Debitel – sent out 12000 text messages and 40,000 e-mails without prior consent from the receivers. This happened due to a merger between the biggest telecoms company and one of the smaller ones in Denmark. Debitel contacted customers of the small company. The content of the text messages and e-mails was slightly condescending and ridiculing. The prosecutor argued that this was a violation of the prohibition of
Page 2 and 3: Table of Contents Argentina Page 5
Page 4 and 5: United States Page 130 Uruguay 133
Page 6 and 7: marketing campaigns. The Code provi
Page 8 and 9: AUSTRALIA Peter Le Guay Cowley Hear
Page 10 and 11: The regulations are designed to inf
Page 12 and 13: Flight Centre's airfares were guara
Page 14 and 15: AUSTRIA Stefan Kofler Greiter Pegge
Page 16 and 17: BOLIVIA Alexandra Blanco Guevara &
Page 18 and 19: BRAZIL Valdir Rocha Veirano Advogad
Page 20 and 21: 5. Title “Faculdades Hélio Rocha
Page 22 and 23: CANADA Wendy Reed Geneviève Marcot
Page 24 and 25: Second, the finding makes clear tha
Page 26 and 27: CHILE Rodrigo Albagli Guillermo Riv
Page 28 and 29: The Council let the claimant know a
Page 30 and 31: COLOMBIA Ricardo Duarte Duarte Duar
Page 32 and 33: 3. Legislation Decision or sentence
Page 34 and 35: advertising and information. Nevert
Page 36 and 37: ody parts. Even if all intimate par
Page 38 and 39: CROATIA Mladen Vukmir Vukmir & Asso
Page 40 and 41: the sentences used in the campaign
Page 44 and 45: unsolicited electronic mail in the
Page 46 and 47: FINLAND Bernt Juthström, Mikael Se
Page 48 and 49: on information to be given in respe
Page 50 and 51: practices by marketing COKO buildin
Page 52 and 53: 2. Case Report Topic: The represent
Page 54 and 55: 4. Self-regulation Topic: Can cigar
Page 56 and 57: HUNGARY Matias Vallejos Meana Sall
Page 58 and 59: 4. Title Easyjet Topic: Comparative
Page 60 and 61: A complaint was also received by th
Page 62 and 63: Regulator (ComReg). Under the regul
Page 64 and 65: 3. Legislation Topic: Consumer Prot
Page 66 and 67: Quite clearly the models are posing
Page 68 and 69: In this context measures taken to p
Page 70 and 71: models through a clear and illicit
Page 72 and 73: The Jury found that: - company B’
Page 74 and 75: Considering that the fidelity card
Page 76 and 77: JAPAN Wilfred Wakely Aiba & Partner
Page 78 and 79: cease and desist orders, administra
Page 80 and 81: The Court held the trademark was us
Page 82 and 83: 2. Title TELEVISION ADVERTISING LES
Page 84 and 85: NEW ZEALAND Monica Choy Hesketh Hen
Page 86 and 87: 3. Title Credit Card Companies Pros
Page 88 and 89: 6. Title Therapeutic Services Adver
Page 90 and 91: PERU José Barreda Barreda Moller m
Page 92 and 93:
- When it contains a false name or
Page 94 and 95:
POLAND Ewa Skrzydło-Tefelska SKS L
Page 96 and 97:
3. Issue: Advertising of medicines
Page 98 and 99:
Comments: This decision shows that
Page 100 and 101:
ROMANIA Florentina Dumitrescu Wood
Page 102 and 103:
or services offered by it. Accordin
Page 104 and 105:
following the legislative initiativ
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SOUTH AFRICA Chris Job & Lindsey Ki
Page 108 and 109:
3. Misleading Advertising Topic: Ad
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In the amended advertisement the ph
Page 112 and 113:
8. Offensive Advertising Topic: Sec
Page 114 and 115:
SPAIN Gerhard W. Volz Schiller Abog
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The criticisms made against the Dra
Page 118 and 119:
SWEDEN Michael Plogell Wistrand Adv
Page 120 and 121:
fulfill the requirements of the MPA
Page 122 and 123:
published advertisements aren’t p
Page 124 and 125:
single bill, customer portal, 24-7
Page 126 and 127:
Polo says it all - small but tough.
Page 128 and 129:
6. Case Report Topic: Licensing Int
Page 130 and 131:
UNITED STATES Douglas J. Wood Jenni
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5. Topic: Degrees of Deception: Int
Page 134 and 135:
The court held that the image right
Page 136 and 137:
penalties stipulated in the law. Th
Page 138 and 139:
2. Case Report Topic: Incorporation
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4. Case Report Topic: Fair Competit
Page 142 and 143:
transmission of institutional messa
Page 144 and 145:
make its own determinations, and in
Page 146 and 147:
CHILE Rodrigo Albagli & Guillermo R
Page 148 and 149:
JAPAN Wilf Wakely Aiba & Partners 4
Page 150:
SWITZERLAND Peter Hofer Frick, Hofe
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