Identifier: TFG:528
Authors: Joan Ibern Canadell
Abstract:
This project aims to analyse the current status of illegal advertising that base their illegality in the form of advertising communication, not the message. A brief but significant reference to the kind of intervention that advertising have in the market and in the competition law is also made, thus justifying its strict legal regulation because of its possibility to become a very powerful tool. Referring to the analysis of illicit based on the form, at first it’s treated the surreptitious advertising, which primarily aims to hide its advertising intention, so that the consumers do not recognize their commercial will, and ultimately, it could be defined as "disguised advertising". In the context of surreptitious advertising, in-depth analysis of the advertising figure of product placement technique is made, which is gaining a great prominence in the recent years, and fully justifies the new regulation on the “Ley General de Comunicación Audiovisual”. On the other hand, advertising on illegal subliminal advertising is studied, highlighting its unique characteristics, which greatly justify the absence of judgments related. Finally, a judgement of the necessity of a regulation change in the subliminal advertising regulation is done.