In Portugal, the regulation of advertising is comprehensive and structured to ensure that advertising practices are not only effective but also ethical and transparent. The aim is to protect consumer rights, promote fair and honest commercial practices, and safeguard an environment of healthy competition among economic operators, with particular importance placed on comparative advertising.
With the power of advertising comes the responsibility to ensure that campaigns respect ethical and legal principles. In Portugal, this responsibility is regulated by a set of rules that establish what is acceptable and what is prohibited, either through advertising legislation or through norms and codes created by self-regulation entities to which economic operators may voluntarily adhere.
Similarly, in the field of influencer marketing, it is necessary to comply with advertising legislation as well as good practices applicable to this type of advertising, of which both advertisers and influencers must be fully aware.
In their posts, influencers must ensure that they clearly identify commercial relationships through mandatory mentions such as #Ad, #Sponsorship, #Partnership, or #Gift, depending on the specific situation.
It is important to emphasize that, concerning the compliance with advertising legislation, responsibility extends to all actors in the advertising chain, from the advertiser to the professional, the advertising agency, the owner or licensee of the advertising medium, and any other party involved in advertising activities or contributing to the dissemination of the advertising message.
As for prohibitions and restrictions in the field of advertising, we highlight the following:
I. Misleading Advertising
Advertising must accurately reflect the characteristics of the products and services offered. It is prohibited to make false or misleading statements that may deceive consumers. Advertising must be clear enough to leave no room for ambiguous interpretations and must provide sufficient information for the consumer to make informed decisions.
II. Offense to Values and Discriminatory Comments
It is prohibited to broadcast advertising that offends the ethical, moral, or cultural values of society, as well as advertising containing sexist, racist, or discriminatory comments of any kind. Advertising must respect human dignity and promote equality, without inciting hatred or intolerance.
III. Advertising Directed at Minors
Advertising directed at minors is of special relevance due to the need to protect the vulnerability of this age group. Therefore, it is prohibited to:
- Advertise products irrelevant to this age group, i.e., that have no direct or appropriate relationship with this target audience;
- Exploit the inexperience or credulity of minors;
- Encourage harmful or dangerous behavior;
- Expose minors to inappropriate content for their age;
- Promote or encourage the sale of foods and beverages with high energy content, salt, sugar, saturated fats, and trans fats, as determined by the Directorate-General for Health.
IV. Advertising of Sensitive Products or Services
There are specific restrictions for advertising certain types of products and services, such as:
- Alcohol and tobacco: advertising tobacco products is widely prohibited, and advertising alcoholic beverages is subject to strict restrictions, including prohibiting associating consumption with positive behaviors or promoting it directly to minors.
- Medicines and supplements: advertising prescription medicines to the general public is prohibited. For dietary supplements, advertising must avoid claims of unproven healing properties.
- Gambling and betting: due to the risk of addiction and its social implications, advertising in this sector is subject to specific and strict rules aimed at (i) avoiding appeals to easy profits, (ii) suggesting that gambling can lead to social success, (iii) encouraging excessive gambling or suggesting that gambling can solve personal or financial problems, (iv) creating the illusion of high winnings or claiming that gambling is free of financial risks, or (v) using public figures that may attract young people or create a false sense of urgency with expressions such as "Bet Now!"
V. Comparative Advertising
Comparative advertising, involving the direct comparison between brands or products, to be legal, must be objective, verify the truthfulness of the information, and must not discredit or denigrate competitors. It must be based on reliable and verifiable data.
Based on the above, it is essential to understand that there are limitations to advertising, and a preventive and informed approach should be prioritized when promoting products and services.
Finally, it should be noted that in certain sectors, such as the insurance or audiovisual sectors (where there are specific rules for product placement, sponsorship, or production support), there are complementary sectoral regulations that must be observed alongside general advertising, competition, and consumer protection laws.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
