Introduction
Suspected Illegal Advertising
Types of Advertising contracts
Introduction
The 3 basic principles on which commercial advertising is based are:
Right to persuade (this right will behave the next right)
Right to resist persuasion.
Right that everyone can help influence the smooth running of any independent company.
LGP - General Advertising Law
FIRST TITLE
General disposition
Definition
art. 2nd
For the purposes of this Act, shall mean:
Commercial -Advertising: Any form of communication made by a natural or legal entity, public or private, in the exercise of a commercial, industrial, craft or profession in order to promote directly or indirectly the hiring of movable or property, services, rights and obligations.
-Destinatarios: Persons to which the advertising message or it reaches is directed.
Thus an unfair advertising message, 1 will have to say if advertising act, and then we may judge whether it is unfair or not.
It is noted as this Act, although defined as General Advertising Act only refers to commercial advertising., in the course of a commercial activity.
With respect to the scope thereof, it is much broader.
We highlight the existence of 4 types of subjective elements:
Advertising subjects:
-Destinatarios.
Be clear about the difference between recipient and end consumer, eg in toys, recipients are parents and children end consumers.
-Anunciantes = Natural or legal person whose interest in advertising is done.
-Agencias Advertising = "" "dedicated and professionally organized to prepare, create or run advertising on behalf of an advertiser.
-Media Advertising = "" "dedicated to the dissemination of advertising through media supports.
TITLE II
Of illegal advertising
Suspected Illegal Advertising
art. 3rd is unlawful:
a) Advertising that violates the dignity of the person or violates the values and rights recognized in the Constitution, especially with respect to children, youth and women.
b) Misleading advertising. art. 4th and 5th LGP and relates to art. 7 LCD
c) unfair advertising. art. 6 LGP and art. 9, 6, 11, 10 ° LCD
d) Subliminal advertising. art. 7th LGP
e) that violates the provisions of the regulations governing the advertising of certain products, goods, activities or services. art. 8 LGP
a) Advertising that violates the dignity of the person or violates the values and rights recognized in the Constitution, especially with respect to children, youth and women.
Violates the rights / dignity.
References and goes against advertising that exploits women's rights, gender, children, prejudicial messages, anti-constitutional principles, environmentalists ...
eg Benetton, cheese tetilla case.
b) Misleading advertising.
art. And 4th (5th LGP) and relates to art. 7 LCD
art. 4th
Misleading advertising: that in any way, including its presentation, deceives or may mislead recipients, which may affect their economic behavior or hurt or be likely to injure a competitor.
It is also misleading advertising to silence critical data assets, activities or services when this omission misleading recipients.
Highlights both active and deception deception default thereof.
Highlighting such as art. 7 of the LCD, differentiate between negligence and willful misconduct, while this 4th art. It does not distinguish between the two, not caring intentionality of it.
Type of misleading advertising! "Surreptitious advertising":
It is that type of advertising broadcast strategically consumer and subsequently not reflected emitted as an advertising message, which violates the right to resist persuasion.
Difference between "Advertising Undercover" and "Advertising Positional"
Positional advertising is not misleading.
It is that type of advertising that is strategically placed in series television, newspapers, ... YES but this is clearly specified in the notice that comes to advertising, either at the time of issuance or through subsequent thanks to the firm; otherwise, we would be violating the right to resist persuasion.
Not to announce and report that it is "advertising" may be the case that we are facing the fact podernos not resist this advertising message for not being aware that this really is an advertisement.
Knowing that this is a commercial, can help put us on the defensive, accepting messages as advertising really, because otherwise could influence our behavior.
c) unfair advertising.
art. 6 LGP and art. 9, 6, 11, 10 ° LCD
art. 6 is unfair advertising:
Which by its content, presentation or diffusion causes disrepute, direct or indirect denigration or disparagement of a person, company or its products, services or activities.
Which leads to confusion with businesses, activities, products, names, trademarks or other distinguishing marks of competitors, as well as to make unjustified use of the name of other companies or institutions, and in general, which is contrary to standards and good business uses.
Comparative advertising when not supported by essential features and objectively provable related products or services or when goods or services are not inimical to other similar or unknown, or limited market share.
Types of unfair advertising
denigrating
It is strictly personal publicity, must discredit the competitor direct way.
The main difference with respect to art. 9: Acts of LCD denigration, it is that in the LGP, NOT the "exceptio veritatis", since the LGP applies, even if they are accurate, true and relevant, can not be performed demonstrations serve to undermine the credit competitor in the market.
Types of denigration
- Personal Denigration.
- Advertising exclusionary tone, through which informs the market that the product or the competing company are worse than those of the advertiser itself; so it is implied, that the really good products are the advertising company.
This type of advertising is done through:
-Indicaciones superlatives: the best .... the market (by which is excluded the other competitors)
-Comparativo-Superlativo.
-Inferioridad: The least expensive
-negative: There is nothing better
-Using The positive degree adjective: the only
- "" Adverb: only (only Columbus is able to ...)
- "" Adverb: yes (Hs, yes eliminates dandruff ...)
confusionist
Linked to art. 6: Acts of confusion and art. 11: Acts of LCD imitation.
Associated with the parasitic advertising copy format = competitor, trying to appropriate another's fame.
Comparison
Linked to art. 10: Acts of LCD comparison.
Different types of advertising and different comparative advertising:
Direct -Advertising.
-Advertising Of self-comparison: advertising products made between the advertiser itself.
-Advertising Invites compare.
advertising -Comparison of economic systems, highlighting the advantages of a certain systems over others.
advertising -Comparison between different products.
-Test Of goods.
d) Subliminal advertising. art. 7th LGP
art. 7th
For the purposes of this Act, it is subliminal advertising which, by production techniques stimuli border on the thresholds of the senses or the like, may act on the target audience without being consciously perceived.
In this type of advertising, the receiver is not aware that she gets the message; the message almost does not perceive, receiving a quick image and is retained in the subconscious.
A clear example was the Coca-Cola company. This type of advertising there is almost no significance, because its purpose as a commercial subliminal technique did not work; specifically with the aforementioned firm, the need for a drink in general and not the specific signature was apparent.
It is illegal, for the power to resist you do not have to know that you are not wanting to sell a soda thanks to certain techniques, it acts on the subconscious and causing stimuli.
e) that violates the provisions of the regulations governing the advertising of certain products, goods, activities or services. art. (8 LGP)
We refer to alcohol advertising, banking, real estate, snuff, miracle products ...; which they are aimed at specific target and thus regulates the veracity of them.
CHAPTER III
Of advertising contracts.
Types of advertising contracts
advertising contract
art. 15th
advertising contract is that by which an advertiser responsible for an advertising agency, through a consideration, execution of advertising and creation, preparation or programming it.
When the agency conducts advertising creations, the rules of advertising creation contract shall also apply.
broadcast advertising contract
art. 19th
advertising diffusion contract is one whereby in exchange for a fee, set at preset rates, means undertakes, in favor of an advertiser or agency to allow advertising use of units of space or time available and develop the activity technical necessary to achieve the advertising result.
Advertising design contract
art. 22º
Advertising design contract is one whereby, in return for a fee, a natural or legal person undertakes for the advertiser or agency to devise and develop a draft advertising campaign, part of it or any other advertising element.
Sponsorship Contract
art. 24º
advertising sponsorship contract is one for which the sponsored exchange for financial assistance to carry out their sporting activity, charitable, cultural, scientific or otherwise, is committed to working in advertising sponsor.
The advertising sponsorship contract shall be governed by the rules of advertising distribution contract as may be applicable.
