EL SALVADOR Law and Practice Contributed by: Marcela Mancia, IDEAS IP
2.7 Disclosures The Advertising Self-Regulation Code states that an advertisement must be clearly identifiable as such, regardless of its form or the means used to dissemi - nate it. Any advertisement, report, article, note, text, legend or other form of information that is dissemi - nated through payment must be clearly identified as paid advertising when applicable – ie, it must be dis - tinguished from news material and not confusing for the consumer. Techniques preventing the consumer from identifying advertising should not be used. 2.8 Other Regulated Claims No other claims are regulated by special laws. 3. Limitations and Special Laws 3.1 Representation and Stereotypes in Advertising Although there are no special laws, there are several laws that regulate various aspects of diversity, equal - ity, inclusion and stereotyping. Previously, some com - panies’ advertisements were subject to complaints in this regard, filed before the Consumer Protection Authority and the National Bureau of Publicity and resulting in campaigns or advertisements being taken down – including ones in which women have been treated as sexual objects (eg, a campaign in which politicians and older men with money were shown to be able to have they want, including women – this campaign was taken down since it denigrated women and suggested that women are “for sale” for men with money). Job postings are also a sensitive area, since in some cases they are directed towards women or men over a certain age; this is considering discriminatory because all people should be entitled to apply for a job – job postings cannot target a specific gender. 3.2 Children The Law of Growing Together and the Constitution of El Salvador regulate the rights of children and pro - hibit the distribution or facilitation of access to public shows, publications, videos, recordings, television programmes, radio shows or other media containing harmful messages with respect to the development
of minors. The Advertising Self-Regulation Code also regulates the use of minors in advertisements, pro - hibiting this in relation to drugs, alcohol and sexual matters. The Constitution of El Salvador states that the govern - ment must defend the mental health, physical health and interests of minors, and the Special Law Against Computer Crime and Related Crime regulates the extortion of children and adolescents for sexual con - tent as well as the use of children and adolescents in There are no special laws or guidance related to “dark patterns” in advertising; however, these may be reg - ulated by the Consumer Protection Law, the Adver - tising Self-Regulation Code, the Constitution or the Electronic Commerce Law, as well as by other laws that protect consumers. 3.4 Sponsor Identification and Branded Content There are no specific rules in El Salvador related to sponsor identification or branded content. 3.5 Special Rules for Native Advertising There are no specific rules applicable to “native adver - tising”, only general rules that apply to advertising in general. internet pornography. 3.3 Dark Patterns
4. Comparative Advertising and Ambush Marketing 4.1 Specific Rules or Restrictions
The Advertising Self-Regulation Code, Articles 23 and 24, establishes that comparative advertising is advertising that specifically mentions the name of a competitor. It is prohibited for an advertiser to compare one or more specific attributes of an advertised product with another product. Claims can be filed before the Con - sumer Protection Authority in relation to comparative advertisements, the unauthorised use of trade marks and false statements.
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