In Brazil, advertising is regulated under various frameworks that blend federal laws, self-regulation codes, and specific statutes for certain types of media and messages:
Historical and Regulatory Framework:
Initially regulated by Law No. 4.680 (1965) and Decree No. 57.690 (1966), advertising in Brazil has evolved, especially with the creation of the Brazilian Advertising Self-Regulation Code during the military dictatorship period. This code still plays a significant role in the advertising landscape alongside other federal laws.
Definitions and Scope:
Advertising is broadly defined to include any activity that aims to stimulate the consumption of products, services, or promote ideas and is subject to the Brazilian Advertising Self-Regulation Code. This definition encompasses all communication vehicles, including social networks.
Regulated Practices:
Specific regulations address various advertising practices, such as those for audio-visual advertisements regulated by the National Cinema Agency, and email marketing, which, while not legally mandatory, follows the Code of Self-Regulation for Email Marketing (CAPEM) .
Prohibited Practices:
The advertising of products like cigarettes is broadly prohibited, with restrictions on alcohol and firearm advertisements as well. For example, alcoholic products can only be advertised on TV after 9.30 pm.
Enforcement and Compliance:
The Consumer Defense Code and various intellectual property laws provide the groundwork for legal compliance in advertising, ensuring that advertisements do not infringe on copyrights or patents and are not misleading or unfair.
Brazil's advertising laws thus create a structured yet dynamic environment for marketers, emphasizing compliance with self-regulatory practices and respect for consumer protection and intellectual property rights.
