Business English2
Business English2
Laws and regulations are basic for the coexistence of any community of people.
It is necessary that there be a minimum of rules of operation that makes respect
to each person, each group and the ecosystem. In the first place there are a
series of laws that regulate advertising. These laws have to adjust advertising
actions. These laws are:
• · The General Advertising Law, Law 34/1988, of November 11, LGP
. • · Directive 2006/114 / EC of the European Parliament and of the Council of
12 December 2006 on misleading advertising and comparative advertising.
• Law 3/1991, of January 10, on Unfair Competition (LCD).
• Law 7/2010, of March 31, General of Audiovisual Communication (LGCA).
The 1988 LGP, which was writed as a result of Spain's accession to the
European Community, established the general provisions of advertising,
agreements for contracting and advertising contracts (as well as advertising,
creation and sponsorship), the regulations for stop illicit advertising and the
Cessation and Rectification Action and Procedures. For its part, as explained in
LegalToday, the European Directive aims to allow control of misleading
advertising in the interests of consumers, competitors and the public in general.
In addition, it establishes under what conditions comparative advertising is
legal. Thus, advertising typologies are established that must comply with the
conditions set forth in the law.
-Deceptive advertising. It is one that leads to an error or affects the judgment of
the consumer or that, for these reasons, harms a competitor.
-Comparative advertising. Comparative advertising is defined as any
advertising that explicitly or implicitly refers to a competitor or the goods and
services offered by a competitor. On the other hand, the General Advertising
Law, of a national scope, regulates advertising according to these types:
- Illicit advertising. Advertising that attempts against the dignity of the person or
violates the values and rights recognized in the Constitution. These are the
types of illegal advertising
• The one that violates the provisions of the regulations that regulate the
advertising of certain products: health, susceptible to generating health risks,
gambling, narcotics, tobacco and alcoholic beverages with a degree higher than
20 degrees (they are prohibited on television, and in those places where its
consumption is prohibited).
- Deceptive advertising: it is the one that induces or may mislead its recipients,
may affect their economic behavior, or harm or be able to harm a competitor, or
that which mutes fundamental data of goods, activities or services when said
omission misleads the recipients.
- Disloyal advertising: the one that harms other people or companies,
specifically competitors.
- Subliminal advertising: stimuli perceived in a non-conscious way but that can
alter behaviors and attitudes.
- Covert advertising: it consists of spreading information or opinions or showing
brands of products through the media in informative spaces, films or other
programs, without existing prior contracting, of advertising space.
In addition to existing laws that ensure the proper use of advertising, there is
also a great partnership that ensures this. The association is called Autocontrol.
This association is a system of self-regulation created by the advertising
industry itself. Watch over the existence of a guarantee of trust and credibility in
advertising. It is formed by advertisers, agencies and media that work for
truthful, legal, honest and loyal advertising. The creation took place in 1997,
through the Society of Self-Control of Advertising, a resulting company that
emerged with the aim of establishing a good advertising performance and
promote acceptance and credibility in the consumer. The concern of advertisers
for the quality of their ads, and a certain rejection of commercial advertising by
the public, led to the creation of this advertising agency. At the European level
there is the European Advertising Standards Alliance, which is dedicated to
coordinating the different national associations.
PRINCIPLES OF ADVERTISING STANDARDS
.Drinks and Alcohol: the norms have been reinforced, especially with the
intention of protecting minors in the four areas where they are considered
vulnerable to the misuse of alcohol. In the United Kingdom, the Advertising
Standards Authority has banned different advertisements that did not comply
with the restrictions of EU directives.
.Cigarettes: On February 14, 2003, the Decree on Advertising and Promotion of
Tobacco of 2002, which prohibits the advertising and promotion of tobacco
products, came into force. .
. Pharmaceuticals and medicines: Advertising of medical products in the United
Kingdom is controlled by a combination of legislation and codes of practice. The
two main ones are: the Regulation (on advertising) of Medicines of 1994 and
the Regulation (on the control of publicity) of Medicines of 1994 .
.Use of foreign languages: retailers must make sure that all the goods they sell
show the mandatory