Advertising and Marketing 2024 Comparisons

The primary laws and regulations that govern advertising practices in Colombia are as follows.

• The Consumer Protection Statute (Law 1480 of 2011) – it is the main law under which advertising is ruled in Colombia. It introduces guidelines concerning what and how information must be provided to consumers in order to avoid any misleading advertisement.
• Unique Circular No 10 of the Superintendence of Industry and Commerce – it regulates the faculties of the Superintendence of Industry and Commerce, including consumer protection and advertisement. It also sets guidelines regarding the rules to be followed by advertisers.
• Unfair Competition Law (Law 256 of 1996) – as certain behaviours might be deemed to be unfair competition (ie, ambush marketing and misleading comparative advertising), this law would also apply.
• Self-Regulatory Code on Advertising (2013).
• Specific rules related to goods that have an impact on human health (ie, tobacco, medicines, infant formula, and alcoholic beverages).

The Superintendence of Industry and Commerce is the main authority entitled to enforce the laws and regulations governing advertising practices, specifically the Consumer Protection Statute.

The remedies available are:

• corrective advertising;
• fines of up to 2,000 minimum monthly wages in force at the time of the imposition of the sanction (approximately USD520,000);
• temporary closure of the business establishment for up to 180 days (including the website and any internet access to the platform);
• closure of the establishment (including the website and any internet access to the platform) or final order of removal of a website portal on the internet or media used;
• temporary or permanent prohibition to manufacture, distribute, or offer to the public certain products;
• destruction of a particular product that is detrimental to the health and safety of consumers; and
• successive fines of up to 1,000 minimum legal monthly wages for failure to comply with the authority’s orders (approximately USD260,000).

Moreover, the Health Authority and the Superintendence of Finance are also entitled to pursue advertising infringements and can order monetary and non-monetary sanctions.

Suppliers and producers will be responsible for any damage that arises as a consequence of inadequate or insufficient information.

The advertiser is responsible for the damages caused by deceptive or misleading advertising. The media will be jointly and severally liable only if fraud or gross negligence is proven inasmuch as they knew about the defective/defficient nature of the product or services. If the advertiser does not comply with the objective conditions announced in the advertisements, without prejudice to the administrative sanctions that may apply, the advertiser can be held liable for the damages caused to consumers.

All content and means of disclosure are considered to be “advertising”, and include the:

• nature;
• origin;
• method of manufacture;
• components;
• uses;
• volume;
• weight or measurement;
• prices;
• method of use;
• properties;
• quality;
• suitability or quantity; and
• any other characteristic or relevant reference regarding the products that are offered or put into circulation, as well as the risks that may derive from their consumption or use.

There are certain industries that are required to obtain pre-approvals before running advertising, such as:

• Gambling – all gambling activities must be previously approved by the competent authority. The authority depends on the scope of the gambling activity – either national or regional. When authorised, the gambling activity must display such authorisation on its tickets and advertising.
• Contraceptives – in case they are medications, they must follow the advertising rules for medications.
• Over-the-counter/non-prescription medication; dietary supplements; certain medical devices advertised only through specialised channels; and infant formula – the advertisement must be approved by the Health Authority.
• Prescription medication – the advertisement can only target health professionals.
• Financial services – must comply with the rules set forth in the Organic Statute of the Financial System.
• Lotteries – all lotteries’ activities and their advertisement must be previously approved by the competent authority. The authority depends on the scope of the gambling activity – either national or regional.

Image rights have been developed in Colombia though jurisprudence of the Constitutional Court but not in a specific law. The rules governing the use of intellectual property or an individual’s name, picture, voice, or likeness in advertising carry several nuances, but the bottom line is that they are subjected to legal protection.

Informative non-commercial use is possible without prior authorisation. Notwithstanding, all other use relating to intellectual property or personal image (name, picture, voice, or likeness) should be authorised prior in writing by the individual or relevant heirs.

The self-regulation system involves professional associations, which are gathered in a commission identified as CONARP (the National Commission for Self-Regulation Advertisement).

The self-regulatory system only issues decisions on ethical matters, which are more likely to be recommendations. The decisions have no legal effect.

Based on the infringement of the Consumer Protection Statute, consumers may bring an action against advertisers before the Superintendence of Industry and Commerce.

• As a jurisdictional authority – consumers may request compensation for damages; moreover, the authority is entitled to impose monetary and non-monetary sanctions.
• As an administrative authority – the advertiser may be subject to sanctions as described in 1.2 Enforcement and Regulatory Authorities.

Influencers

Influencers are under the scope of the Consumer Protection Authority.

Given the fact that influencers have become a means of advertisement, the Colombian Consumer Protection Authority has initiated several investigations to secure consumers’ rights.

In 2020, the Colombian Consumer Protection Authority issued a guide to explain how influencers should comply with the Consumer Protection Statute. Based on this guide and the Statute, the Authority has sanctioned several influencers based on deceitful information.

Cultural concerns that advertisers should keep in mind are that advertising should be made to contribute to the improvement of society, the economy, and the environment, without losing its main objective.

Advertising must provide positive messages; it must not discriminate or encourage violence, illegal acts, or anti-social behaviours.

In an effort to “equal the balance”, the Superintendence of Industry and Commerce, issued a Guide on Sexual Diversity and Gender Approach and Identity in Consumer Relationships.

The purpose of the Guide is to eliminate all forms of discrimination and close gender gaps and inequality in Colombian society.

The recommendations incorporated in the Guide constitute a call to respect and guarantee equity, as well as to prevent and eliminate any type of discrimination in the field of consumption.

The elimination of discrimination based on gender and diversity in consumer relations is also based on Article 43 of the Colombian Political Constitution, which prohibits discrimination against women, and on various international conventions ratified by Colombia. Thus, the Committee on the Elimination of Discrimination against Women (CEDAW, 1979) and its Optional Protocol (1999) and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (“Convention of Belem do Para”) (1994) condemn discrimination against women “in all its forms” and also clarify that the obligation of non-discrimination is not only the responsibility of the state but also of companies.

The obligation of non-discrimination by suppliers, producers, advertisers, consumer associations and media sectors also arises from Law 1257 of 2008, which establishes that “civil society organizations, associations, companies, organized commerce, economic unions and other legal and natural persons, have the responsibility of taking an active part in achieving the elimination of violence and discrimination against women” and, therefore, they must “refrain from doing anything that involves discrimination against women”.

Concerning sexual orientation and gender identity, the Colombian Constitutional Court has followed the Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity or Yogyakarta Principles (2006), which compile the obligations of states under international human rights law in the face of global concerns about practices that “impose norms regarding sexual orientation and gender identity on people through customs, laws and violence, and seek to control how people live, their personal relationships and how they define themselves”.

The United Nations Consumer Protection Guidelines (2016) state that “businesses should avoid practices that harm consumers, particularly vulnerable and disadvantaged consumers”.

Some of the guidelines are as follows.

• Integrate a gender and diversity perspective when designing, assembling or manufacturing a certain product and eliminating stereotypes that may influence the production or design process.
• Integrate, when reasonable, a universal design approach to products so that, regardless of the person who consumes them, they satisfy the need or functionality for which they have been produced.
• Consider, during the design or manufacture of a product, whether the product puts the health or life of consumers at particular risk due to their gender.
• Refrain from including, in information and advertising messages, promotion of practices that are risky to health or that associate biological and/or physical characteristics of people with negative aspects such as pain or shame.
• Advertising aimed at products for boys, girls and adolescents should not reinforce a certain model associated with prejudices about femininity or masculinity or stereotypes based on gender roles.

There are two types of political propaganda.

• Political disclosure – this intends to promote the principles, programmes, and achievements of the government, parties, and political movements, and can be done at any time. It cannot be directed to influence the public opinion towards supporting a certain candidate or party.
• Electoral propaganda – this promotes candidates to be elected, seeking public support.

It will be understood that advertising is misleading when:

• it lacks objective truth about indications on the characteristics of the goods or services, such as their availability, nature, execution, composition, the procedure and the date of manufacture or provision of services, their appropriate or suitable nature, uses, quantity, specifications, geographical or commercial origin, the results that can be expected from its use, or the results and the essential characteristics of the tests or controls carried out on the goods or services;
• the price or its method of fixing and the conditions of supply of goods or provision of services are absent;
• the nature, characteristics, and data of the advertiser, such as their identity and assets, their qualifications and their industrial, commercial, or intellectual property rights, or the prizes they have received or their distinctions are false or misrepresented;
• necessary information is omitted for the proper understanding of the advertisement;
• mechanisms are established to transfer the costs of the incentive to the consumer in such a way that the costs cannot be easily noticed, such as when the quality or quantity of the product or service is decreased or its price is increased;
• the information on restrictions, limitations, exceptions, and additional conditions for the acquisition of the product or service is not included in the advertising and does not have similar content to the offer of the product or service that is advertised;
• products or incentives with deficiencies or imperfections, or that are used, remanufactured, remodelled or reconstructed, close to expiration, or from previous collections or models are offered without indicating such circumstances clearly and precisely in the advertising;
• products, services, or incentives are offered free of charge when their delivery is subject to the fulfilment of some condition by the consumer that is not indicated in the advertisement; or
• when the essential information for proper handling, maintenance, method of employment, use of the good and/or service, as well as precautions about possible risks, is/are not in Spanish or are misrepresented.

In principle, any assertion made by the advertiser must be truthful in accordance with available information. Suppliers and producers must provide consumers with clear, truthful, sufficient, timely, verifiable, understandable, accurate, and suitable information about the promoted aspects of the products or services they offer:

• The instructions for the correct use or consumption, conservation, and installation of the product or use of the service.
• Quantity, weight, or volume, if applicable – the units used must correspond to those established in the International System of Units or to the customary units of measurement.
• The expiration date when applicable. In the case of perishable products, the expiration date will be clearly indicated and without alteration of any kind, on their labels, containers, or packaging, in accordance with their size and presentation.
• The specifications of the good or service.
• Information to be provided by the supplier:
1. the guarantees that assist the consumer or user; and
2. the price.

Claims that cannot be objectively verified/measured, and puffery are being increasingly challenged by the regulatory bodies as they fail to provide accurate information but some of them are accepted. Viability is largely dependent on context and the nature of the product or service.

To substantiate a claim, it is necessary to obtain technical or scientific support from independent parties, by means of a study or an expert opinion, for example.

The applicable elements for a product demonstration in advertising are to provide consumers with clear, truthful, sufficient, timely, verifiable, understandable, accurate, and suitable information on the products on offer.

The depiction or demonstration must be clear. The consumer must be informed of the conditions in which the demonstration has been done, concerning time, quantity, and use. No paid actors can be passed as spontaneous consumers even if they have effectively consumed the product/used the service.

If part of the demonstration requires a comparison, or is made by means of a comparison, the kind of product it has been compared to must be duly established and they must be of equivalent nature or category.

The advertiser must obtain the testifier’s release and authorisation to use its name in association with the mark. The testifier can be jointly and severally liable for its claims or opinions if advertising rules are breached.

It must be clear if the testimony is an endorsement, an independent opinion, a belief, or an experience.

All disclaimers should be audible or visible, easy to read, and understandable. When the size of the font is too small or the speed at which the disclaimer is verbalised is too fast, it might not be an acceptable disclosure even if what is stated is accurate.

There are no particular advertising rules regarding stereotyping in advertising or inclusion, diversity, and equity other than a positive prohibition against racially, religious, or gender discriminative statements. Any issue which could arise involving the same would be treated according to the basic governing laws of advertising.

Environmental claims must be clear, truthful, sufficient, timely, verifiable, understandable, accurate, and suitable for the products they offer. Greenwashing is not prohibited per se. It is more a matter of context as to if it might lead the consumer to believe the products or services comply with ecological guidelines when it is not really the case.

General rules apply to “dark patterns” in advertising. Suppliers and producers must provide consumers with clear, truthful, sufficient, timely, verifiable, understandable, accurate, and suitable information on the products they offer, but no regulation describes what could constitute a “dark pattern” under Colombian law, so it is another issue that must be analysed within the unique context of the relevant advertising piece.

Decree 975 of 2014 asserts that additionally to the basic rules of advertising that must be followed in general, when addressing children and teenagers, adverts must pay attention to the different maturity stages of the age groups and not treat them as a whole.

Therefore, with respect to such advertising and information, the advertiser must comply with the following conditions.

• Avoid the use of images, texts, and visual or auditory expressions or representations that do not correspond to the reality of the product in relation to its operation or characteristics.
• Represent accurately the required information for the child and/or adolescent to assemble or operate the product.
• When size, nature, durability, and uses of the product are mentioned, they cannot be exaggerated.
• Inform if the batteries or accessories shown in the advertisement are included in the product’s packaging or are sold separately or required for the operation of the product.
• For text or multimedia messages that must be sent, which involve a cost for the consumer, the value must be expressly noted and the child and/or adolescent must be warned that prior to making the call or sending the message, he/she must request authorisation from his/her parents.
• It shall not contain images or information of sexual, violent, or discriminatory content, or content that promotes conduct contrary to morals and good customs.
• It shall not contain images or information about the consumption of narcotics or alcoholic beverages, except in the case of prevention campaigns.
• It shall not use images, texts, visual or auditory expressions, or representations that suggest to the child and/or adolescent that not acquiring or using a product may generate a lack of social acceptance.
• It should not state or imply that the consumption of a food or beverage replaces any of the three daily meals. (This requirement applies regardless of potential veracity.)
• It must use qualitative expressions, diminutives, or adjectives regarding the price of the product.

General rules apply to sponsor identification or branded content. Moreover, the Colombian Consumer Protection Authority issued a document called: “Good Practices Guide for Advertisement through Influencers”. Hence, an influencer is called to respond as an advertiser or as the media depending on their relationship with the manufacturer or how the advertisement is communicated.

General rules apply to all types of claims. However, there is ample room for discussion about the validity of claims such as “Made in Colombia” if only a portion of the product’s components or its manufacturing process comes from Colombia or takes place within its frontiers, and while there are rules to determine the tariffs in the case of imports, they cannot extrapolate vis-à-vis a finished product. The same issues have occurred with statements such as “with fruit juice” when the product is a concentrate that comes from real fruits but the beverage itself has minimal percentage of fruit juice. In those cases, the authorities have relied on the technical specifications about the nature of the product before the Health Ministry to determine if the advertising has been accurate or not.

Comparative advertising is permitted, complying with the following rules:

• the compared goods and services must be analogous (eg, yogurt and yogurt, not yogurt and milk);
• the comparison must refer to objective rather than subjective features or properties of the compared goods/services; and
• the comparison’s results are real, truthful, and verifiable.

If the aforementioned rules are not followed, the comparative advertising could be deemed as misleading and an act of unfair competition.

In addition, comparative advertising may explicitly refer to a competitor or may suggest its identity by any means that could be associated with such competitor. However, it cannot be used to denigrate competitors or to mislead consumers.

Trade marks may be used in comparative advertising to explicitly identify the competitor, subject to comparison.

However, regarding copyright, the situation is not that clear. Whether it is possible to use the copyrighted work will depend on the specific situation and must be studied on a case-by-case basis.

An advertiser can challenge claims made by a competitor, before the Superintendence of Industry and Commerce. The authority would request the information of the claims and the substantiation, and it would decide whether or not to initiate an investigation. It may also file a civil action under unfair competition rules and damages as well as preventive injunction measures.

The investigation finalises with filing it or sanctioning the competitor with a fine.

There are no special rules related to ambush marketing. However, ambush marketing may be challenged by any available legal means, such as:

• unfair competition;
• trade mark infringement;
• copyright infringement;
• image rights; and
• consumer protection.

Ambush marketing can be declared illegal if:

• the act affects the rightful owner’s economic interests by unfair means, which will give a cause of action to force the infringing party to remove the harmful effects of its behaviour and to compensate for the damages caused;
• the act conflicts with commercial good faith (such as tarnishing the brand of the competition without any objective statements);
• there is an unauthorised use of a registered trade mark or a confusingly similar sign to a trade mark of the organisers of the event or an official sponsor;
• the ambush marketing campaign uses designs, colours, or images protected under copyright;
• the ambush marketing campaign uses the image of a celebrity usually related to a different trade mark or sponsor without the authorisation of the individual; or
• the ambush marketing campaign causes consumers to be deceived as to the origin of the goods or services or the relation between the provider and the organisers of the event and/or its sponsors.

Where an ambush marketing campaign falls within one or more of the infringements described above, the plaintiff can initiate any or all of the actions available.

Hence, Colombia has widespread legal options to prevent and protect the organiser, sponsor, or any other party suffering from an illegal ambush marketing campaign.

There are no special rules pertaining to the use of social media for advertising. The general rules of advertising apply.

The advertiser is responsible for all the content which is uploaded on its page. Liability will be based on whether it is possible for the advertiser to control the content and whether it takes the necessary measures to avoid such content being exposed on its page.

For online disclosures and disclosures in social media as per the “Good Practices Guide for Advertisement through Influencers”, the following can be used with or without the hashtag label:

“publicidad”, “promocionado por (…)”, “aviso promocionado”, “contenido promocionado”, “contenido publicitario”, “patrocinado”, and/or “patrocinado por”,

indicating the name of the brand or the account of the promoter.

There are no unique rules or regulations that apply to the use of any of the major social media platforms in Colombia.

There is no ban against any social media platforms in Colombia. All are freely accessible.

The general rules of advertising apply to native advertising as well. Consequently, the consumer must be properly informed that the content is an advertisement and not a regular post.

As noted, the Colombian Consumer Protection Authority issued a document called: “Good Practices Guide for Advertisement through Influencers”. As per the Guide, an influencer can be understood as the person who, through social networks and/or interactive digital platforms, by sharing their daily life, interests, and experiences with an online community, has achieved/built credibility, trust, and a recognisable image that allows them to influence, affect, or motivate consumers’ behaviour. The foregoing is regardless of whether or not the influencer identifies him-/her-self as such, since what is relevant is the role they fulfil.

An influencer is called to respond as an advertiser or as the media depending on their relationship with the manufacturer or how the advertisement is communicated.

The advertiser can be held liable for content posted by its influencers. The advertiser has the duty to monitor its influencers.

If an influencer does not properly disclose the relation with the advertiser, the influencer would also be held liable.

The possible sanctions are the following.

• Fines up to 2,000 times the monthly legal minimum wage at the time of imposition of the sanction (approximately USD470,000).
• Temporary closure of the commercial establishment up to 180 days. This would apply to the website or app as well.
• In case of reoccurrence and depending on the gravity of the offences, permanent closure of the commercial establishment or final order of removal of a website, app, or internet portal.

The consumer that reviews a good or service can be jointly and severally liable for its claims or opinions with the advertiser, if advertising rules are breached.

It must be clear whether the review is an endorsement, an independent opinion, a belief, or an experience.

If there is no relation between the parties, the advertiser cannot be liable for consumer reviews.

Email marketing cannot be done without previous and express authorisation from the consumer, and the promoter must keep the consumer’s authorisation, for verification from the authority. Moreover, the database that includes private information from the consumers must be registered before the Superintendence of Industry and Commerce.

Telemarketing cannot be done without previous and express authorisation from the consumer, and the telemarketer must keep the consumer’s authorisation, for verification from the authority. Moreover, the database that includes private information from the consumers must be registered before the Superintendence of Industry and Commerce.

Text messaging cannot be done without previous and express authorisation from the consumer, and the promoter must keep the consumer’s authorisation, for verification from the authority. Moreover, the database that includes private information from the consumers must be registered before the Superintendence of Industry and Commerce.

Targeted/interest-based advertising cannot be done without previous and express authorisation from the consumer, and the promoter must keep the consumer’s authorisation, for verification from the authority. Moreover, the database that includes private information from the consumers must be registered before the Superintendence of Industry and Commerce.

Article 7 of the Data Protection Statute establishes that: “The processing of personal data of children and adolescents is prohibited, except for ... data that [is] of a public nature.” Personal data of a public nature includes names and ID numbers.

There is no other exception for collection/processing of minors’ personal data. No authorisation in this regard is valid. It is possible to collect the parental/legal guardian’s information, but not the minor’s information.

Minors cannot be contacted with any kind of advertisement, as information from minors cannot be collected.

In Colombia, the default privacy rules related to advertising are on an opt-in basis. Thus, prior and express authorisation from the consumer is mandatory.

The general requirements regarding the conduct of sweepstakes and contests (chance-based games) are as follows.

• Authorisation from the competent authority is required.

The official fees correspond to the total value of the prizes to be awarded and are divided as follows.

• Operating rights – equivalent to 14% of the total value of the prizes.
• Administrative expenses – corresponding to 1% of operating rights.

If any prize value exceeds approximately USD1,200, there is a tax of 10% of the amount of the prize due to windfall tax.

For sweepstakes, the authority requires a bond to cover the amount of the prize pool.

The authorisation takes approximately 30 days to be resolved.

Please note that the national authority (COLJUEGOS) does not accept applications to request authorisation from companies or individuals who are domiciled in Colombia. Hence, the application for authorisation must be done by a distributor in Colombia, or a PR company acting as the entity responsible for the sweepstakes in Colombia, or a company created in Colombia.

Colombia distinguishes between contests of skill and games of chance.

Skill-based activities are based entirely on the efforts of the participants but not necessarily a demanding or high-performance skill. For example, the answer to a simple general knowledge question would be sufficient to qualify as a game of skill. But if at any stage during the process the chance of winning depends on chance, it will be qualified as such.

The requirements for the registration of a sweepstakes/contest/draw before the national authority (COLJUEGOS) are the following.

• Complete information of the Colombian company or subsidiary, responsible for the sweepstakes. This information can be found within the certificate of existence and legal representation of the company.
• Information of the sweepstakes:
1. Name of the sweepstakes.
2. Initiation date.
3. Finalisation date.
4. Object of the sweepstakes.
5. Requirements to participate.
6. Method of selection of the winner.
7. Conditions and restrictions.
8. Date of selection of the winner.
• Constitution of a bond to guarantee the compliance of the terms of the sweepstakes, according to the information provided by the system of the authority within the registration.
• Receipt of the payment of the bond.
• Copy of the legal representative’s ID.
• Invoices of the prices.
• Certificate of budget availability for the prices.
• Copy of the accountant’s or auditor’s ID.
• Copy of the accountant’s or auditor’s professional registration.
• Power of attorney.
• Value of the prices.
• Payment of the operating rights and the administrative expenses.

The governmental entity is entitled to require further information to complete the registration.

The authorisation takes approximately 30 days to be resolved.

The official fees correspond to the total value of the prizes to be awarded and are divided as follows.

• Operating rights – equivalent to 14% of the total value of the prizes.
• Administrative expenses – corresponding to 1% of operating rights.

If any prize value exceeds approximately USD1,200, there is a tax of 10% of the amount of the prize due to windfall tax.

Furthermore, each prize cannot exceed 160 monthly legal wages, that is COP135,489,560 which is approximately USD44,166.

The rules that apply to free and reduced-price offers are the following.

• When the promotion consists of offering free extra-content or extra-product/s, the indication of the price per unit of measurement must only be made with respect to the base product, not including the extra-content or extra-product/s.
• When the promotion consists of offering an extra product of the same type at a special price, the indication of the price per unit of measurement will be based on the advertised price divided by the sum of the total content of the products offered.
• When the promotion consists of offering extra content of the same product at a special price, the indication of the price per unit of measurement will be based on the advertised price divided by the sum of the total content offered.

Moreover, the basic rule for “free” product advertising is that it must be real; the good must be 100% free. In the event of a promotion, in which a free item is attached to the purchased good, the total and usual cost must be the same and should not be increased by any means.

The special regulation that applies to automatic renewal/continuous service offers under which a marketer can continue to ship and bill for products and services on a recurring basis until the consumer cancels, is that a clause of this type might be deemed abusive if the automatic renewal clause prevents the consumer from terminating the contract at any time or if penalties are imposed for early termination.

There are no specific rules related to the use of artificial intelligence (AI) in connection with the development of advertising content. Hence, the general rules apply.

As general rules apply to the use of AI in connection with the development of advertising content, the consumer must be properly informed that the content was/is developed through the use of AI, is powered by AI, or has AI-related capabilities.

There are no specific rules related to the use of chatbots. Hence, the general rules apply.

Colombian regulation does not make explicit mention of crypto assets and related operations.

Hence, all advertisement concerning any of the digital assets must follow the general rules of advertisement in Colombia.

The Consumer Protection Statute requires that all information provided to consumers must be clear, truthful, adequate, timely, verifiable, understandable, accurate, and appropriate.

There are no specific rules related to advertisement within the metaverse. Hence, the general rules apply.

The following are the specific rules/restrictions in Colombia, concerning the advertisement of regulated and forbidden products/services.

• Alcoholic beverages – the advertising and marketing of alcohol has been regulated in Colombia for the last 30 years, aiming to protect minors and prevent the consumption of alcoholic beverages by means of warnings and restrictions within the advertisements, and limitations on how and when alcohol can be advertised.
• Gambling – all gambling activities must be previously approved by the competent authority, depending on the scope of the gambling activity – either national or regional. Once authorised, the gambling activity has to state such authorisation on each of its tickets and adverts.
• Contraceptives (condoms, the morning-after pill, etc) – contraceptives that are not considered to be medication do not have special advertisement rules. Notwithstanding, contraceptives that are medications, either “over-the-counter” or prescribed, must follow the advertising rules for that kind of medication.
• Over-the-counter/non-prescription medication – it is permissible to promote over-the-counter medication; nonetheless, the advertisement has to be approved by the Health Authority before it reaches the public.
• Prescription medication – prescription medication can only be advertised or promoted in technical or scientific publications, addressed exclusively to health professionals.
• Financial services (banks, other) – for the advertisement of a financial product or service, the Organic Statute of the Financial System applies.
• Lotteries (state run and otherwise) – all lotteries must be previously approved by the competent authority, which depends on the scope of the lottery – either national or regional. The adverts have to be approved by the entity in charge of authorising the gambling activity.
• Herbal and dietary supplements; protein shakes – advertisements concerning dietary supplements must meet the requirements set forth by the Health Authority.
• Infant formula – all advertisements, information, outreach, and educational materials concerning infant feeding, aimed at anyone of a public nature, should meet the requirements set forth by the Health Authority.
• Political propaganda (by individuals, organisations, businesses, and governmental entities) – there are two types of political propaganda, each with specific regulation. On the one hand, there is political disclosure, which tends to disseminate and promote the principles, programmes, and achievements of parties and movements. This type of advertising cannot seek support for any election and can be done at any time. On the other hand, there is electoral propaganda, which promotes candidates to be elected, seeking public support.
• Tobacco and toy guns – the advertising of tobacco and its derivatives, and toy guns, is prohibited.

Additionally, the following goods and services must be pre-approved regarding any advertising content.

• Gambling and lotteries – all advertisements have to be approved by the entity in charge of authorising the gambling activity.
• Over-the-counter homeopathic medicines.

The rules related to the placement of alcoholic beverages in entertainment content must follow these general rules.

• Direct advertising (in which the product, company, brand, or service is identified by a graphic design, audible, or visual characterisation, with the express purpose of encouraging or inducing consumption or maintaining their presence) that involves the action of ingesting an alcoholic drink, is forbidden from being broadcast at any time by television services.
• Television programmes whose content is aimed specifically at minors shall not include any advertising regarding alcoholic beverages.

During the broadcast of advertising and marketing of alcohol, the following rules shall apply.

• There cannot be scenes in which, either visually or audibly, the action of ingestion of alcoholic beverages is expressed.
• The advertising of these products shall not associate consumption with success and achievement of personal, sexual, professional, economic, or social goals.
• It shall not be stated or implied that consumption of alcohol is desirable or a valid option to solve problems or provide negative images of abstinence, sobriety, or moderation.
• The advertising must be truthful and objective.
• The advertising cannot threaten the honour, reputation, and privacy of individuals, or rights, freedoms, and principles that are recognised by the Constitution.
• The advertising may not contain images which, by their nature, attract the attention of children.
• The advertising cannot suggest that alcohol has curative and/or therapeutic qualities.
• The advertising may not contain images and/or messages that relate consumption of alcoholic beverages with driving.