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commercial messaging and subliminal techniques are prohibited. The directive also
stipulates that the transmission of audiovisual media services should ensure respect
for cultural and linguistic diversity. The 1989 European Convention on Transfrontier
Television contains similar provisions.
D.
Standards at the national level
18. Responses to the questionnaire and other data indicate a variety of regimes
concerning advertising. Some countries 4 distinguish between commercial and
non-commercial speech, with the latter usually being granted a higher level of
protection. In many cases, a main obligation is that advertising be clearly
identifiable as such; however, reports indicate that tests with the participation of
targeted consumers are rarely carried out to ensure this.
19. Some countries 5 have specific laws on advertising indicating, for all media and
issues, what is considered to be inappropriate and unlawful advertising. In the
absence of such specific laws, provisions are found in legislation related to health,
child protection, urban development, environmental protection and countering
discrimination, for example. In other countries, 6 however, most details, including
specific groups of people with special protection, are included in non -binding codes.
Hence, one characteristic of the advertising and marketing sector is the coexistence
of regulation and self-regulation, the latter generally inspired by the Consolidated
International Chamber of Commerce (ICC) Code of Advertising and Marketing
Communication Practice.
20. Areas traditionally regulated by States include the advertising of tobacco,
alcohol, firearms and medical products and the protection of specific groups of
people, such as women, persons with disabilities, children, minorities and
indigenous peoples. In addition, practices such as comparative advertising or
misleading and false advertising are often prohibited, and data protection is
regulated to some extent.
21. Codes of conduct adopted by advertising agencies and the media provide
ethical and behavioural rules. Whether medium-specific or covering all media,
codes usually stipulate that advertising should not be misleading, create
discrimination or incite violence and must be obviously distinguishable from
editorial content. Issues covered include decency, honesty, fair competition, social
responsibility, truthfulness, comparisons, denigration, testimonials, safety and
health, children, data protection and privacy.
22. The multiplicity of State regulations and industry codes makes understanding
and usage extremely difficult. For example, codes do not cover all aspects of
advertising and the same advertising campaign can be covered by several codes for
different media. This creates uncertainty for companies as well as citizens and
consumer interest groups, with the latter unsure of where and how to lodge a
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Including Colombia, Italy, Portugal, Qatar, the United States of America, and Venezuela
(Bolivarian Republic of).
Azerbaijan, Georgia, Guatemala and Lithuania.
Australia, Chile, Uganda and the United States of America.
14-58963