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E
l S a l v a d o r 20. RESTRICTIONS ON ADVERTISING The Consumer Protection Law of 1996 establishes parameters
for advertising goods and services to the consumer, as follows: Art. 6: ?As defined in this law, the following is understood: f) False advertising:
Any type of information or communication of a commercial nature
which uses texts, dialogues, sound, images or descriptions that
may mislead, directly or indirectly, even by omission, the user
or consumer through deceit, errors or confusion; and.?? Art. 7: ?The consumer in particular will have the following
rights: b) To be properly informed
of the condition of the products or services he acquires or receives?? Art. 17: ?It is forbidden for advertising to contain false
information that may mislead as to the origin, quality, quantity,
content, price, guarantee, use or effect about products or services.
The Ministry will consult with the National Advertising Council
to verify the above. ?In cases covered by this article, the individual or company
that placed the advertising will be held responsible for any violations.? Art. 35: ?Sanctions applicable under this law will be imposed
without prejudice for any criminal offense that may have occurred. ?On learning of any criminal violations that may infringe consumers?
rights, the Ministry must inform the office of the attorney general
of the Republic to undertake appropriate legal action, particularly
in the following cases: a) Dissemination of false,
exaggerated or malicious information, or the use of cunning fraudulent
means that destabilize goods, salaries or stock values of the domestic
market, and is classified as profiteering in the penal code; b) The spreading of rumors
or the use of any maneuver or artifice to cause a rise in the price
of foodstuffs or primary need good, which constitutes the crime
of speculation as defined in the penal code.?? The following articles were taken from the code of ethics of
the National Advertising Council, a body composed of the Salvadoran
Association of Advertising Agencies, the Association of Publicity
Media of El Salvador and the National Association of Advertisers
of El Salvador. Art. 2: ?Due to the varying characteristics of different media
(print, television, radio, film, posters, signs, etc.), the fact
that a version of an ad prepared for one medium is acceptable does
not necessarily mean that versions created for other media will
also be acceptable.? Art. 6: ?In applying the standards of this code, the interests
of the consumer will always take precedence over the interests of
the advertiser, medium or agency.? Art. 7: ?Advertising activity must be characterized by respect
for the dignity of people, the family unit, social interests, recognized
authorities, public and private institutions and patriotic symbols. ?No advertisement should favor or promote any type of discrimination.? Art. 8: ?No advertisement should incite illegal activities
nor favor, glorify or promote them.? Art. 11: ?Every advertisement or message must conform to sound
morals, good customs and public order. Messages must not have visual
or aural content that is offensive to the prevailing moral concept
of the community.? Art. 19: ?The advertisement must not lead to confusion in the
consumer concerning the price of the product because of unrealistic
or exaggerated comparisons with the price of other producers.? Art. 22: ?The advertisement must employ language based on universal
principles of good morals, decorum and good taste. Moreover, language
must be used appropriately, either written or oral. Expressions
that exaggerate or distort the truth and advertising ethics should
be avoided, as well as foreign words and idiomatic expressions.?
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