A/69/286 3. Advertising in universities 71. Commercial advertising and marketing in universities is similar to such activities in schools but raise different issues, as young adults are deemed to hav e sufficient levels of awareness and critical thinking. Most country responses indicated that, as independent bodies, universities may regulate advertising and marketing according to internal codes (see the responses of Bolivia (Plurinational State of) Brazil, Finland, France, Guatemala, Honduras, Nicaragua, Portugal, Serbia, Togo and Uganda). Universities very rarely seem to prohibit some forms of advertising. 72. Universities are spaces where students should learn to develop a spirit of enquiry and free thinking. Hence, authorities should ensure that advertising and marketing on university campuses remain clearly distinguishable and within reasonable limits, and that the best interests of students and the academic community remain paramount. 73. Literature indicates that university-business agreements may include conditionality, such as “non-disparagement clauses”, prohibiting members of the university community from criticizing the company involved. 38 Such restrictions on the right to the freedom of expression of students and academics should not be tolerated. 74. The promotion of specific products and services through the sponsorship of academic research is a growing trend. It can take the form of sponsorship of departments and professorships and commissioning of academic studies that are tantamount to market research. The Special Rapporteur considers that some criteria need to be established to prevent conflicts of interest, and to guarantee academic freedom and the rights of students to information and a n education. 75. Of specific concern is the sponsoring of university textbooks and attempts to influence their content, for example in medical sciences. Such sponsorship should be made fully transparent so that students may consider their textbooks with a critical eye and seek access to other sources of information. C. Advertising and public space 76. Public spaces are spheres for deliberation, cultural exchange, social cohesiveness and diversity. The growing commercialization and privatization of public spaces pose significant challenges to the realization of the right to participate in cultural life and to the protection of public spaces reflecting cultural diversity. People engaging in creative activities encounter manifold difficulties in using pub lic space. 1. Outdoor advertising 77. National laws regarding the conservation of historic sites or monuments or the protection of the environment or landscape, for example, provide guidelines regarding the size and location of advertisements, their a esthetics and obligations to be followed (see the responses of France, Guatemala and Rwanda). Such laws can also regulate not-for-profit advertisement and murals on private property. Although __________________ 38 14-58963 Naomi Klein, No Logo: Taking Aim at the Brand Bullies, Knopf Canada, 1999. 17/26

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