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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
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Naomi Klein, No Logo: Taking Aim at the Brand Bullies, Knopf Canada, 1999.
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