Jurisdiction(s):
United Kingdom

Key definition

Advertising definition

What does Advertising mean? Advertising, in legal practice, describes any communication by a trader intended to promote the supply or transfer of products (goods, services, digital content). Across England & Wales, Scotland and Northern Ireland, legislation implementing the EU regime on misleading and comparative advertising (notably the Business Protection from Misleading Marketing Regulations 2008) defines advertising broadly as any form of representation made in connection with a trade, business, craft or profession to promote the supply of goods or services, including immovable property, rights and obligations. In Ireland, equivalent implementing measures adopt a materially similar definition; usage is broadly consistent across the...

Brazil advertising and marketing law: 2021 Q&A on regulation, enforcement, CONAR, influencer and children's adverts, sector-specific rules, promotions, social media and privacy

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Practice notes

Advertising and marketing-Brazil-Q&A guide [Archived, 2021 edition]

This Practice Note provides a jurisdiction-specific Q&A on advertising and marketing in Brazil, issued within the Lexology Getting the Deal Through series by Law Business Research (October 2021). Authors: IWRCF-Luiz Werneck; Talita Sabatini Garcia.

1. What are the principal statutes regulating advertising generally?

the Brazilian Federal Constitution;
the Consumer Protection Code (Federal Law No. 8,078/90);
the Statute of the Children and Adolescents (Federal Law No. 8,069/90);
the Brazilian Advertising Self-Regulation Code;
Federal Law No. 5768/71;
Decree No. 70,951/1972;
Federal Law No. 5,768/71 and Decree No. 70,951/1972 regulate commercial promotions and sweepstakes;
National Health Surveillance Agency resolutions.

2. Which bodies are primarily responsible for issuing advertising regulations and enforcing rules on advertising? How is the issue of concurrent jurisdiction among regulators with responsibility for advertising handled?

In Brazil, rule-making for advertising is led by the National Advertising Self-Regulation Council (CONAR) and by the government, represented by the House of Representatives and the Senate. CONAR operates as a self-regulatory entity made up of associations that speak for advertisers, broadcasters, advertising agencies and others...

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