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What it is

What counts as illegal advertising and how to stop it

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 17 November 1987. Introduced by: GOBIERNO.

Official title: General Government bill on Advertising.

Follow this law

Source: Congreso de los Diputados, file 121/000063· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law defines advertising as any communication made in a commercial, industrial, craft or professional activity to promote the contracting of goods, services, rights or obligations, and sets who counts as the recipient of the message.
  2. It declares illegal advertising that attacks human dignity, misleading advertising, unfair advertising, subliminal advertising, and advertising that breaks special rules on risky products or services.
  3. It bans TV advertising of tobacco and drinks over 20 degrees of alcohol, and bans tobacco and alcohol advertising in places where their sale or consumption is prohibited.
  4. It regulates advertising contracts: those with agencies, media placement contracts, creative contracts and sponsorship, with rights and duties for each party if something goes wrong.
  5. Anyone affected can ask the advertiser in writing to stop or correct illegal advertising; if there is no answer or a refusal, they can go to court.
  6. Ordinary courts handle disputes over illegal advertising and can order its provisional or final stoppage and, where needed, corrective advertising at the advertiser's expense.

Who it affects

  • Advertisers, agencies and media outlets: They must follow the law's rules on advertising and answer for advertising contracts.
  • Consumers and consumer associations: They can ask for illegal advertising to stop or be corrected and go to court.
  • Competing companies: They can claim against unfair or misleading advertising that harms them.
  • Judges and courts: They resolve disputes over illegal advertising and can order it stopped or corrected.

Words worth knowing

Publicidad subliminal (subliminal advertising)
Advertising that tries to influence people through stimuli they do not consciously perceive.
Publicidad desleal (unfair advertising)
Advertising that discredits competitors, causes confusion with their brands, or makes unfair comparisons.
Acción de cesación (cessation action)
A request, first to the advertiser and then to a judge if needed, to stop illegal advertising.
Silencio administrativo positivo (positive administrative silence)
If the administration does not answer an authorization request in time, it is considered granted.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced17 November 1987Someone registers the text in the Congreso.
  2. Admitted23 November 1987The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 2 official steps on a timeline
Nov 198711. 17 November 1987: Presentación22. 23 November 1987: Calificación

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Published in the BOE: Law 34/1988, of November 11, General Advertising Act.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error