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some laws provide for fines in case of illegal advertisements an d specify procedures
for their removal (see the response of the National Commission of Uganda), civil
society groups report that these are often not effective (see the responses of
Résistance à l’agression publicitaire and Paysages de France).
78. Responses to the questionnaire show that in most countries, outdoor
advertising falls under the jurisdiction of local governments or municipal
departments. Some municipalities regulate the permissible size, number and zones
for outdoor advertisement and determine areas for public interest information and
political advertising. Agreements may be concluded with companies to provide bus
shelters and public toilets, for example, in exchange for the right to place
advertisements on them (see the response of Paysages de France).
79. The uncontrolled expansion of advertisements has prompted some national and
local authorities to take action (see the responses of Colombia and El Salvador). In
2006, for example, the adoption by the city of Sao Paulo, Brazil, of a “clean city”
law resulted in the removal of 15,000 advertisements before the city adopted new
regulations setting out clear rules.
80. In various countries, civil society organizations denounce excessive
advertising and illegal billboards. Written requests asking au thorities to act against
the latter have been largely ignored, allowing billboards to remain in place for years
before tribunals reach a decision (see the response of Paysages de France). Instead,
in some cases, those denouncing unlawful billboards have fo und themselves facing
defamation lawsuits by advertising companies. 39 Some groups also engage in direct
actions to remove unlawful billboards or simply to protest against the proliferation
of billboards. Alternatively, some groups have transformed, mocked a nd distorted
the advertising messages disseminated on billboards, in direct response to their
messages and to contest the values and aspirations they promote.
81. The imbalance in power in these situations is of concern. The few companies
holding the worldwide market for outdoor advertising, including in bus or train
stations and airports, can end up deciding what is displayed in the public space. 40
82. The question is one of proportion: the number of outdoor advertisements, their
size, locations and the technologies used, such as digital billboards and screens,
render advertisements omnipresent and inescapable. Billboards obstruct people ’s
engagement with their environment, including parks, built heritage or the landscape,
and, by exhorting people to become mere consumers, adversely affect their sense of
citizenship. The Special Rapporteur notes with concern the numerous cases of
people having the windows of their houses covered by large billboards, despite their
opposition, and of trees cut down to ensure greater visibility of billboards.
83. Billboards and other outdoor advertising devices affect far more than the
private property on which they are installed; indeed, the commercial value of
billboards is determined by the number of viewers passing by. Obser vers argue that,
in reality, companies purchase public space rather than merely hire private property
(e.g., a wall on a private building).
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See the case of Defi France v. Paysages de France, Criminal Tribunal of Grenoble, 2013; Cour t
of Appeal of Grenoble, 2004; and Cour de Cassation, 2005.
For instance, CBS Outdoor and JC Decaux refused to display an image chosen by the Imperial
War Museum in Manchester , 2013; see http://www.bbc.com/news/entertainment-arts-24565194.
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