Peru's Advertising Ethics Code Overview
Peru's Advertising Ethics Code Overview
BACKGROUND
The Advertising Self-Regulation Council (CONAR) of Peru aims to promote the development of
the Advertising Industry, through the use and practice of advertising in accordance with a set of
basic principles known as legality, decency, truthfulness, and loyalty.
The Council The Advertising Self-Regulation is basically composed of the three bodies
fundamentals of the industry: advertisers, advertising agencies, and media.
It is understood that there is a similarity of purposes between them: to promote loyalty among competitors and
protect the consuming public.
In light of the need for a regulation that standardizes the guiding principles of Ethics
Advertising; advertisers, agencies, and media, grouped in their respective
unions, the National Association of Advertisers (ANDA), the Peruvian Association of Agencies
Advertising (APAP) and the Association of Radio and Television (ARTV) have decided to establish the present
Advertising Code of Ethics, which contains the guidelines of conduct that they commit to
to comply and to enforce.
The rules of the Code of Ethics apply to all advertisers, advertising agencies, and
the media, even if they were not affiliated with one of the associations that group them.
It is understood that in this way, a real commitment to self-regulation can be achieved that allows for a
total acceptance of the "ADVERTISING ETHICS CODE OF PERU".
In addition to the normative content applicable to all products or services, it has been considered
It is important to identify separately, but as part of the Code, special categories whose
Communication requires special treatment.
The establishment of application standards and the creation of a Permanent Ethics Commission with
functions and powers to permanently oversee the proper practice of the Code remain
in the same way included within the structure of the Code.
GENERAL PRINCIPLES
- The freedom of industry and commerce is framed by the social market economy.
- The market economy with a social function is beneficial for the community, and advertising
It appears as one of the means for it to develop.
Information is essential for the community and is synonymous with freedom, communication and
expression.
- The information promotes transparency in the market and enables the consuming public
make better-informed and more rational purchasing decisions.
- In advertising, duties and obligations to the community translate into standards.
of behavior that we must voluntarily accept in the pursuit of the common good.
- Advertising, while being suggestive, is also informative. In both cases, it will be persuasive.
- The advertising within this framework:
- It must be subject to the law (principle of legality), be decent (principle of decency), truthful
(principle of truthfulness) and loyal (principle of loyalty).
- It must be done with a sense of responsibility towards consumers and society.
The community in general and the consumer in particular have the right to be well informed.
- Economic freedoms must be respected for the benefit of industry, commerce, and services.
and the general public.
- Advertising self-regulation is defined and nourished by the voluntary acceptance of the principles and
behavioral rules in advertising. Acceptance is from the advertisers, the
advertising agencies and social media, as well as all groups or
individuals (whether natural or legal persons) who participate in advertising activity as
active or passive subjects.
- Self-regulation works effectively when everyone involved in the activity
advertising actively complies with the principles and advertising rules; and when this
compliance is verified at all stages of the advertising process. Among others: planning,
the conception, the production, the execution, and the diffusion.
- The primary objective of self-regulation is to monitor the quality of the information that is
provides through commercial communication, in addition to preserving and increasing credibility
of advertising. Similarly, it is the task of self-regulation to keep current and in
operation the advertising principles and rules of: legality, decency, truthfulness, and loyalty. Everything
Hello imbued with responsibility towards Peruvian society and in response to the particular
economic, cultural, and educational circumstances.
Advertising must preserve and strengthen the professional and ethical development of the advertising industry.
all its manifestations.
The primary responsibility lies with the advertisers. Others who may be involved in the
the preparation or dissemination of advertising, they accept the responsibility that pertains to them.
The CONAR, if requested by the information provider, will treat such information as privileged.
Therefore, he will be required to keep absolute confidentiality about the information provided to him except for
that the Judge or the competent national authorities, acting within their powers, require you
reveal such information.
It is presumed that advertisers, before disseminating an advertisement, have documentary evidence regarding
any claim or advertising statement that can be proven.
The tests must be sent to CONAR as soon as they request them, asking for deadlines.
exceptional compliance if there are justifiable circumstances.
The tests will be evaluated in such a way that they serve to verify specific claims of
announcement, as well as the general idea that is intended to be conveyed through it.
If the content of publications, tapes, videos or similar items of a non-fictional nature has not been
Substantiated independently, advertisers must refrain from exaggerating the value or use.
practical of its content.
The advertising exaggerations that, due to their scope, could not deceive, as well as errors
Spelling, diction, or non-standard pronunciation errors will be evaluated on a case-by-case basis and may be tolerated.
to the extent that they do not affect the certainty or perception of advertising in any material way.
SCOPE
The present Code is based on the Rules of the International Code of Advertising Practice adopted
by the International Chamber of Commerce in Paris, with expansions and modifications from various countries
from Latin America where similar regulations exist and the adaptations made for Peru.
The ethical principles established in this Code must be complied with by those who participate in
advertising activities, whether defined as Advertisers, Advertising Agencies, or Media
Communication.
The present Advertising Ethics Code will be applied by the Advertising Self-Regulation Council.
(CONAR).
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TITLE I
GENERAL PRINCIPLES
SINGLE CHAPTER
INTERPRETATION AND DEFINITIONS
Article 1
The rules established in this Code must be interpreted in good faith and in accordance with
the principles of ethics and generally accepted deontology. Its interpretation should
attend to both its text and its spirit. However, when the meaning of these rules is
Of course, its literal meaning should not be neglected under the pretext of consulting its spirit.
Article 2
The word 'announcement' has been used in this Code in its broadest sense. Therefore,
it encompasses all forms of commercial advertising.
Article 3
Advertisements must be judged considering that, generally, the consumer is faced with
influenced by the advertising message due to conducting a superficial examination of
message.
Article 4
In harmony with the above, and depending on the social or economic segment it will go to
the announcement directed, the word 'consumer' is used in this Code to refer to those
people who can be classified as average consumers.
The determination of which consumer the advertisement is aimed at will be made in the specific case and in
to the extent possible, based on independent market studies.
Article 5
In the application of the rules of this Code, the interests of the consumer must be prioritized.
always above the interests of the advertiser, the agency, or the medium.
Article 6
Due to the particular characteristics of the different media (press,
television, radio, cinema, posters, signs, banners, etc.); the fact that the version of an advertisement
elaborated for a particular medium is acceptable to it, does not mean that the
elaborate versions for the others also turn out to be acceptable.
Article 7
Under the concept of 'product', 'service' is also included.
TITLE II
GENERAL CODE OF CONDUCT
CHAPTER I
LEGALITY
Article 8
Advertisers will be responsible for the legality of their advertisements. In this regard, the
CONAR does not protect against violations of advertising regulations and it is assumed that the advertisements do not
They shall be contrary to the law nor shall they omit what it commands.
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In the event of a conflict between the Law and this Code, the Law shall prevail. However,
because this Code consists of self-imposed rules, it does not nullify a
more severe interpretation by CONAR.
CHAPTER II
DECENCY
Article 9
Every advertisement must be characterized by respect for the dignity of the person and their privacy,
family nucleus, to social interest, to morality, beliefs, and good customs, to the authorities
established, to public and private institutions and to national symbols.
Article 10
Advertisements should not promote or encourage discrimination based on race, religion,
sex, sexual orientation, cultural or economic level, physical limitations, etc. The decency of
the advertisements will be evaluated taking into account the context, the medium, the audience, the product or
service and the parameters of decency, culture, and morals that prevail in the place and time
corresponding and in a certain community.
Advertisers must take public sensitivity into account before using material that
it could be offensive.
The fact that a particular product or service may be considered indecent for
some people should be reviewed in each case, it does not mean that it will be sufficient for
object its validity.
Article 11
Advertisements cannot make use of superstition.
Article 12
Advertisements should not appeal to fear or anxiety. However, use may be made of
this kind of feelings to the extent that the announcement aims to promote prudence
in certain activities or discourage behaviors or activities considered contrary to the
consumer safety or health. In any case, the content of the advertisement must
to be characterized by the balance between those feelings and the risk of dismissing the product or
advertised service.
Article 13
Advertisements must not contain claims that incite violence or glorify it.
antisocial behaviors.
Article 14
Advertisements should use language in accordance with good customs and common sense.
decency. You may not use vulgar terms or expressions that affect the sensitivity of
public. Efforts will be made, as much as possible, to avoid the abuse of the language.
CHAPTER III
VERACITY
Article 15
The advertisement must contain an accurate presentation of the benefits of the product or service.
offered. In this regard, no advertisement shall mislead by ambiguity, inaccuracy,
omission, etc.
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When advertisements contain claims for which there are no scientific guidelines.
or statistics to determine their accuracy, such as those that refer to issues of
aesthetic nature or personal taste will be determined in each case if the ad leads to the
average consumer to deception.
Article 16
Any fact or data of any nature included in the advertisements must be verifiable.
By facts or data is understood, among others:
Article 17
The advertisement may not refer to any research or statistics that do not have a source.
identifiable, responsible and verifiable.
The use of partial data from a research or statistic should not lead to conclusions.
distorted.
The results of the research or statistics will be expressed clearly for the
consumer
Article 18
The ads may also contain viewpoints, including those related to qualities.
or advantages of the advertised product. However, it should be clear that these are the points of
advertiser's view.
Article 19
Advertising exaggeration is valid, as long as it refers to characteristics that are not
determinants for the choice made by the consumer. In this sense, the determination of
whether an advertisement contains an exaggeration or not will be determined, as far as possible, through the study of
corresponding market. To this end, the principle of the average consumer will be applied.
Article 20
The announcement must be made in such a way that it does not imply abuse of trust.
consumer, nor exploitation of their lack of knowledge or experience.
Article 21
The advertisement must not confuse the consumer regarding the price of the product.
through unrealistic or exaggerated comparisons with the prices of other products.
CHAPTER IV
LOYALTY
Article 22
Based on the principle of legality, all advertising must respect the principles of loyalty.
the competition established by our legislation. Loyalty in competition is understood as
that any advertisement must respect good commercial practices.
Article 23
Advertisements should not denigrate the competitor or distort the image of the product or brand.
another company, nor contain information or insinuations that undermine the good name of
third parties.
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Article 24
Advertisements should not exploit the prestige of the elements constituting property.
intellectual and industrial that has a competing product or service, as well as of the
prestige acquired by an advertising campaign, unless there is an agreement between the parties.
TITLE III
SPECIAL CODE OF CONDUCT
CHAPTER I
OFFERS
Article 25
Promotional claims such as 'free', 'discounts', 'promotional price',
“settlement”, “sale”, “without down payment” or other similar terms should not mislead the
consumer about the value of the offer. These must be clear and verifiable.
The word 'free' or any other expression of similar meaning will only be announced when
it means that the consumer is exempt, directly or indirectly, from incurring any cost.
It is essential to clarify to the consumer the scope and application of the offers.
Article 28
Advertisers must have the document that contains the testimony they use in the
advertising. Said document, which will include the personal data and signature of the person providing the
testimony, aims for him to assume the responsibility that corresponds to him.
The testimonies may only be used if there is written consent for them to be used.
Article 29
The testimonials must be directly related to the products or services.
announced.
Article 30
References to tests, surveys, studies, statements by professionals or experts, as well as
the results of research carried out in research centers or publications
scientific or professional personnel can only be employed with the express permission of the
The same. It must be clearly established in the announcement, its origin, nationality, status
professional, etc.
Article 31
A testimony that has, for any reason, been left unsupported should no longer be used.
to have support or has lost its validity.
CHAPTER IV
IDENTIFICATION AND DIFFUSION
Article 32
The advertisement must be clearly identifiable as such, regardless of its form or medium.
used to spread it.
Article 33
The announcement that has the form of a news article, report, article, note, text, legend must be
clearly identified as paid content. This is to distinguish it from news material and
do not confuse the consumer.
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Article 34
No advertisement should employ techniques that prevent the consumer from realizing that it is
is spreading an advertisement.
Article 35
When a television advertisement contains text superimposed on images
preexisting or aimed at capturing the consumer's attention, these must be clearly
legible and transmitted over a period of time long enough for the
average consumer can read them.
Article 36
The broadcast of advertisements on television or radio must not be excessively noisy or
strident. In this sense, the media should refrain from increasing the volume of the
transmission at the moment when advertising breaks occur or between different ads.
In any case, the decibel level of the advertising will be the same as the program had.
what was being broadcast prior to the commercial break or between the various ads.
Article 37
Before starting and when finishing a sequence of advertisements, the medium should, if possible,
indicate this circumstance.
CHAPTER V
COMPARATIVE ADVERTISING
Article 38
Comparisons in advertising are considered lawful as long as they promote the
competition and allow consumers to make more purchasing decisions
informed.
Article 39
Comparative advertising is understood as that in which the advertiser confronts their offer with
the one or more competitors, identified or unmistakably identifiable, with the result
direct or indirect, highlighting the advantages of one's own products or services over those of others
foreign
- do not be deceptive
- cannot lead to confusion in the market between the advertiser and a
competitor or among the brands, trade names, other signs
distinctive, the goods or services of the advertiser and those of its competitor;
- no cause discredit, denigration or contempt for the competitor, their products or
services;
- it should not be aimed at the personality or personal situation of a competitor.
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CHAPTER VI
SAFETY AND ACCIDENTS
Article 40
Advertisements that are not allowed include:
Particular attention should be paid when the advertised product could be used by
children or young people.
CHAPTER VII
Privacy Protection
Article 41
Ads that are not allowed:
Article 42
The aforementioned rules shall not apply:
CHAPTER VIII
PROTECTION OF THE ENVIRONMENT
Article 43
Advertisements that directly or indirectly stimulate should not be promoted:
This provision does not apply to advertisements concerning products regarding which, to
Despite their environmental degradation, there is no legal prohibition against their commercialization.
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CHAPTER IX
ANIMALS
Article 44
Advertising agencies must ensure that they do not harm the animals they use.
in advertising. Similarly, attitudes that could be considered will not be promoted.
irresponsible or cruel towards them.
CHAPTER X
COPYRIGHT AND PLAGIARISM
Article 45
In advertising activities, intellectual and industrial property rights will be respected.
recognized by Peruvian legislation.
TITLE IV
CODE OF CONDUCT IN ATTENTION CATEGORIES OF CONSUMERS
PRODUCTS OR SERVICES
CHAPTER I
Advertising Directed at Minors
Article 46
Considering that advertising can significantly influence minors
age, the advertisements directed at them should take into consideration their different levels
of knowledge, maturity, motivation, and interest, and should not negatively exploit the
imaginative capacity of those.
Advertisements aimed at minors should have a positive influence on the
behavior of the same, developing a communication that, whenever possible,
impulse constructive attitudes.
Article 47
All information contained in an advertisement for children's products must inform clearly
clear and precise about its benefits.
Article 48
Advertisements directed at minors, or in which they participate, must be respectful.
of their physical, mental, or moral integrity. Therefore:
- It will not be possible to promote going to places or coming into contact with people.
unknown. Special attention should be given when the advertising is
promote collections of photos, figurines, labels, etc.
- They will not be put in dangerous situations nor will it be shown that they are
going through situations of this nature, unless the object of the
advertising consists of promoting safety. Similarly, minors
minors will not be allowed to appear in scenes that show dangerous situations in
those who are not accompanied by adults unless, due to their age,
the same ones, it is understood that they are old enough to take on
his own responsibilities.
- It will not be possible to show that they use or are close to hazardous substances or equipment.
without the proper supervision of adults. Examples: flammable materials,
medications and electrical devices.
- They should not be induced to copy activities or practices that could be
dangerous or to engage in antisocial behaviors.
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Article 49
Advertisements should not stimulate unreasonable expectations regarding the benefits of
a product. Advantage should not be taken of credulity, loyalty, vulnerability, and lack of
experience of minors. In particular:
- Do not imply feelings of inferiority to the minor who does not purchase the product or
advertised service.
- Do not present minors outside of a non-fantasy environment.
appear in inappropriate or dangerous situations or in unsafe places or
inappropriate for a minor.
- No advertisement shall claim that the advertised product is easy and
immediately, within the reach of any family budget.
- It should allow, especially for children, to notice the size,
characteristics, use of any product and, in particular, that can distinguish
between reality and fantasy.
Article 50
In the programming of cinema, radio, television, and similar media, the content and presentation will be taken care of.
from the advertisements immediately before and after the spaces dedicated to minors.
CHAPTER II
SICK, TREATMENTS AND MEDICINAL PRODUCTS
Article 51
Advertisements should not provide false hopes to the sick, or suggest false possibilities.
of care, taking advantage of their lack of objectivity to judge impartially
those who promise a solution or relief for their ailments.
Article 52
No advertisement should contain statements that may mislead the consumer, in
regarding the composition, characteristics or results of the medicine or treatment or about the
indications for which it is recommended.
Article 53
Advertisements that exaggerate the benefits or
characteristics of a medicinal product.
Article 54
No advertisement should include a promise of healing, unless such promise can be
supported by evidence, provided by individuals or ad-hoc entities.
Article 55
No advertisement should offer advice for the treatment of a disease that requires
services of a doctor.
Article 56
No advertisement should contain any reference to professionals or tests conducted in
hospitals and laboratories, unless such references can be supported by evidence
supplied by authorized entities, unrelated to the advertiser. Reveal side effects,
when they are known or predictable risks.
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CHAPTER III
HIGH ALCOHOL CONTENT DRINKS
Article 57
It will be understood that a drink is of high alcohol content when the volume of alcohol
exceeds 15%.
Article 58
In advertisements for high-alcohol beverages, the messages, whatever they may be
medium of dissemination used, shall not:
CHAPTER IV
Cigarettes and tobacco
Article 59
In the advertising of cigarettes and tobacco, the following will be taken into account:
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Article 60
Cigarette advertisements and other tobacco products must include explicitly and with
sufficient clarity the phrase 'Smoking is harmful to health'. It is prohibited to smoke in places
public according to Law 25357.
CHAPTER V
LOANS, INSURANCES, AND INVESTMENTS
Article 61
No advertisement should contain claims that could lead to deception regarding
condiciones
of rescue, etc., of the loans, investments or insurance offered.
CHAPTER VI
TEACHING AND TRAINING COURSES
Article 62
The ads must specify what the teaching consists of, the scope of their programs and
the limitations of them.
Article 63
Advertisements must not:
CHAPTER VII
EXCURSIONS AND TRAVELS
Article 64
The advertisements for excursions or trips should prevent consumers from overestimating the
offered benefits. Therefore, such advertisements must contain accurate information about:
CHAPTER VIII
ADVERTISING FOR TELEPHONE CONTENT SERVICES
EROTIC
Article 65
Advertisements related to erotic content phone call services for
adult entertainment should always be directed towards them. The dissemination of this type of
advertisements are only allowed in printed press with restricted circulation for adults and in the
radio and/or television case, during the hours from midnight to six in the morning. In
In all cases, the advertising for these services must clearly indicate the destination of the
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call, the per minute rate including VAT, the schedule in which it is applicable, the identification
of the advertiser and the advertising agency, if applicable.
CHAPTER IX
UNREGULATED ANNOUNCEMENTS SPECIFICALLY
Article 66
The advertisements for those products and services that are not specifically regulated in the
previous articles will be evaluated based on the general principles enshrined in this
Code and by application of analogy.
CHAPTER X
DEROGATION AND VALIDITY
Article 102
This Code will come into effect as of March 1, 1998, and will have a duration
undefined.
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SELF-REGULATIONISTHEONLYMEANSTOPRESERVE
THECREDIBILITYANDPRESTIGEOFADVERTISING
WITHSELF-REGULATION,
THEADVERTISINGOFTHEFUTURE..
He will fulfill his civic responsibility, ethically doing what is his primary mission.
commercial.
It will collaborate with the great causes of humanity through social benefit campaigns.
putting the resources of creativity and the effectiveness of all its disciplines at the service of
humanity.
One of the essential purposes of Self-Regulation is to combat unfair conduct against the
consumers, competitors and the social image of advertising.
Do not alter the truth of facts, products, statistics, performance, prices, etc.
Do not misuse market research.
Certify medical, engineering, financial arguments, etc.
Demonstrable and verifiable comparative advertising.
Do not denigrate the competitor or their brand.
Respect for the 'Goodwill' of the name, brand, company, or advertising campaign.
Do not imitate national or international campaigns.
Advertising notices must be clearly discernible.
Respect for safety at home, in industry, and in vehicle traffic.
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Truthfulness / not misleading.
Legality / not violating laws.
Honesty / not abusing the trust and culture of the public.
Decency / not to contradict the general levels of good customs.
And thus we care for and defend free commercial expression.
This is how we preserve it.
Manufacturers make products, consumers buy brands. This is the sign of the
times in competitive markets.
Mass media and advertising communication have strong power of
influence over consumers.
Advertising communication has proven to be very effective in building the image of the
brand in the mind of the consumer.
In the market arena, there are fierce struggles between brands for conquest of the
consumer preference.
In these fights, 'Fair Play' does not always prevail.
Then, self-regulation is closely related to the importance it has achieved.
advertising as an economic instrument.
RevisededitioninJuly1999
CONAR(CouncilforAdvertisingSelf-Regulation).
EliasAguirre126Of.503-Miraflores-Lima
446-1148
anda@[Link]
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