COLOMBIA Law and Practice Contributed by: Juan Carlos Uribe and Sandra Ávila-González, Triana, Uribe & Michelsen
that the content was/is developed through the use of AI, is powered by AI or has AI-related capabilities. 8.3 Chatbots There are no specific rules related to the use of chat - bots; only the general rules apply. 9. Web 3.0 9.1 Cryptocurrency and Non-Fungible Tokens (NFTs) Colombian regulation does not make explicit men - tion of crypto-assets and their related operations. Hence, all advertisements for digital assets must fol - low the general advertising rules in Colombia. The Consumer Protection Statute requires that all infor - mation provided to consumers must be clear, truthful, adequate, timely, verifiable, understandable, accurate
rules. Contraceptive medications that are “over the counter” or prescribed must follow the advertising rules that apply to all medications. • Over-the-counter/non-prescription medication: It is permissible to promote over-the-counter medica - tion, but the advertisement has to be approved by the Health Authority before being released to the public. • Prescription medication: Prescription medication can only be advertised or promoted in technical or scientific publications aimed exclusively at health professionals. • Financial services (banks, etc): For advertisements of financial products or services, the Organic Stat - ute of the Financial System applies. • Lotteries (state run or otherwise): All lotteries must be approved in advance by the competent author - ity, which depends on the scope of the lottery (national or regional). All adverts also have to be approved by the competent authority. • Herbal and dietary supplements, including protein shakes: Advertisements of dietary supplements must meet the requirements set forth by the Health Authority. • Infant formulas: All public advertisements, infor - mation, and outreach and educational materials concerning infant feeding should meet the require - ments set forth by the Health Authority. • Political propaganda (in relation to individuals, organisations, businesses and governmental entities): There are two recognised types of politi - cal propaganda, each with specific regulations. Political disclosure is intended to disseminate and promote the principles, programmes and achieve - ments of parties and movements. This type of advertising, which cannot be directed towards securing support for an election candidate, can be executed at any time. Electoral propaganda promotes candidates seeking election and public support. • Tobacco and toy guns: The advertising of tobacco, electronic cigarettes and its derivatives, and toy guns is prohibited. Additionally, advertisements for the following goods and services must be pre-approved:
and appropriate. 9.2 Metaverse
There are no specific rules related to advertising within the metaverse; only the general rules of advertising apply.
10. Product Compliance 10.1 Regulated Products
The specific rules/restrictions in Colombia concerning the advertising of regulated products/services are as follows. • Alcoholic beverages: The advertising and market - ing of alcohol has been regulated in Colombia for the last 30 years. The aim is to protect minors and limit the consumption of alcoholic beverages by means of warnings within advertisements and lim - its on how and when alcohol can be advertised. • Gambling: All gambling activities must be approved in advance by the competent authority, in accord - ance with their scope (national or regional). The authorisation must be made clear on any tickets or adverts. • Contraceptives (condoms, morning-after pills, etc): Contraceptives that are not considered to be medi - cations are not subject to special advertisement
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