A/69/286 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 __________________ 4 5 6 6/26 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

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