In order to create an instrument more accessible to consumers and businesses and improve the effectiveness and quality of the normative framework of advertising materials, the Government has reviewed the legal regime of advertising by proposing the creation of a new code of advertising “. This proposal for a new law has a phase of public consultation from May 8 until day 29 may, approval is expected during the month of July.
The new code of advertising aims to bring together in a single document all the rules concerning the content of advertising messages and other forms of advertising and monitor the development of new communication technologies, the growth of electronic commerce in Portugal and the increasing use of the Internet and social networks for dissemination of advertising messages, through an update and clarification of concepts and standards and the adoption of a new systematization.
Notwithstanding the foregoing, certain subjects, by virtue of their specificity or underlying principles of its protection, continue to be regulated in legislation itself, as is the case of advertising in relation to health and financial services.
Accordingly, the new advertising Code is organised as follows:
i. Chapter I – General rules of advertising: which contains the principles to which the advertising content is subordinate;
kil Chapter II – special arrangements: relating to certain products or services, such as advertising for alcoholic beverages, tobacco and the electronic cigarette, the real estate for housing, solariums, the airfares, the tourist resorts, toys, games and gambling, among others;
III. Chapter III – special forms of Advertising: concerning television advertising and teleshopping, radio, press, advertising and direct marketing network, the advertising of financial products and services, advertising, telephone House, among others.
In this new legal framework has been integrated the contents of 14 specific diplomas attributed competence to the Directorate-General for Consumer and surveillance skills have been recognised in respect of certain matters to other entities, such as the supervisor of insurance and pension funds, the Securities Market Commission, the Directorate-General for energy and geology, the media regulatory authority , the National Authority of the medicinal and health products and tourism of Portugal.
The new code of advertising that seeks to clarify the competence of some public entities at the level of their duties of supervision and sanctions with regard to advertising.
Also was the strengthening of the powers of the Bank of Portugal, being awarded the supervisory competence, education and decision made concerning process advertising consumer credit and loans to households for house purchases, advertising of payment service providers and of issuers of electronic money and insurance and pension funds. The Bank of Portugal exercises prior control over advertising messages in the banking and financial sector, due to the specificity of these sectors and their impact on the lives of families and society in General.
Also taking into account its importance and impact, the Government understood that advertising messages of electronic communications operators should be subject to the prior scrutiny by the regulator. In practice, the campaigns of operators are to be viewed by ANACOM, which decides whether they are in accordance with the legal provisions. This measure has generated reactions on the part of operators in the sector, which is likely to change.
As regards the use of words and expressions in languages of other countries, this proposal for a new law continues to restrict its use, clarifying that this should not focus on informational elements of the message, or, in the case of the use of expressions in a foreign language in certain activities, are the same ones accompanied by explanation in the English language.
Note also the innovation of an explicit prohibition of advertising consecration which use the image of the woman or the man with character “discriminatory or vexatious”, as well as the use of images of the body or parts of it in situations that are not related to the product you intend to sell.
Finally, the new advertising Code establishes and recognizes the role of self-regulation in this area, by providing for the possibility of creation of a follow-up mechanism of self-regulation.
Contactos:
Ricardo Henriques– [email protected]
João Vares Luís- [email protected]