Advertising is not governed in Chile under the rules of one specific Act or Law. They are scattered around various statutes that generate a dispersion of rules and norms that attorneys must know well enough to grant valuable advice.

Some of these regulatory statutes refer to advertising in a general manner. For instance, the National Television Council that is mandated to ensure “the respect of the nation’s moral and cultural standards”, can fine a television network that broadcasts inappropriate forms of advertising, provided that they are offensive to certain groups or individuals.

Law Nº 19.496 also lays down rules on protection of Consumer Rights, setting minimum legal standards in regards to the scope and content of advertising. Another statute regulates advertising in reference to certain products, like tobacco or alcoholic beverages. It bears prohibitions regarding special time slots for advertising on radio or television, as well as restrictions in reference to commercial locations where advertising for such products can be put in place.

But advertising guidelines are mostly self-provided by the advertising industry through the Chilean Code of Advertising Ethics, which is almost completely based upon the Advertising and Marketing Communication Practice Code of the International Chamber of Commerce. This Chilean Code of Advertising Ethics is enforced by the CONAR (Council for Self-regulating and Ethical Advertising), a non-profit organization which essentially resolves disputes or complaints regarding breaches of advertising ethical standards. According to the Code, advertising must not disregard the values, rights, and principles stated in the Chile’s Political Constitution, but most also ensure freedom of speech as advertisings main foundation.

Advertising is also regulated by Chile’s Unfair Competition Law that bans any act that diverts a competitor’s clientele by unlawful means. The use of misleading advertising in relation to the quality or characteristics of products or services is listed as an act of unfair competition, as well as using comparative advertising based on false and non verifiable facts.

Albagli Zaliasnik has well rounded team of lawyers who have ample experience when it comes to advertising law and other related areas of practice. Our team has over ten years in counseling our clients on advertising clearance, sweepstakes and litigation, as well as on all intellectual property matter. AZ is the sole Chilean member of the Global Advertising Lawyers Alliance (GALA), and thus conducts regional and worldwide advertising clearances regularly, through this prestigious international network of advertising law firms.