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M
e x i c o 20. RESTRICTIONS ON ADVERTISING The 1970 Law on Radio and Television restricts advertising
in those media as follows: Article 67: ?Commercial propaganda broadcast by radio and television
shall conform to the following: I. A prudent balance
must be maintained between commercial advertising and overall programming;
II. There shall be no
advertising of centers of vice of any kind; III. Propaganda or announcements
of industrial or commercial products or of activities that deceive
the public or cause it harm because of exaggeration or falsehood
in the indications for their use, application or properties shall
not be broadcast; IV. No advertising shall
be made, in the programming referred to in Article 59-b, that incites
to violence and that concerning food products distorts good eating
habits.? Article 68: ?Commercial broadcast stations in handling advertising
of beverages with an alcohol content above 20 per cent must refrain
from any exaggeration and combine it with health and nutrition education
messages. Minors may not be employed in this advertising, neither
may the products being advertised be drunk in public actually or
in simulation.? The Federal Law on Radio and Television?s Enabling Legislation
prohibits the following: Article 47: ?Any advertising referring to: I. Taverns and II. Advertising offensive
to moral principles, decency and good habits by virtue of the characteristics
of the product to be advertised.? Article 48: ?Advertising of centers of vice is defined as the
broadcast of any entertainment from such places.? In addition, it is important to stress that anyone who uses
a commercial and intends to register it should also take into account
rules under other legislation whose objectives have something in
common with the Law on Inventions and Trademarks and the Regulation
of Announcements, either to prevent undue competition or to prevent
consumers becoming victims of deception. What is involved is the
Federal Law on Protection of the Consumer of November 19, 1975,
which prohibits advertising of matter that misrepresents the contents,
uses, characteristics and properties of all kinds of products or
services (Article 59). The same law stipulates that advertisements shall be in Spanish
(Article 79). Non-compliance with the provisions of this law on the part
of suppliers and merchants shall give rise to an administrative
sanction and the imposition of the penalties corresponding to the
offenses committed (Article 90).
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