Libertatea onestă de exprimare în dreptul publicității
Honest freedom of expression in publicity law

Summary/Abstract: Good or bad, negative or positive, deceptive, manipulative, indispensable? Advertising and, in a wider sense, commercial communications, are protected by a varied palette of regulations: commercial law, intellectual property law, consumer protection, international protection of human rights, European law, insolvency of the natural person, new technologies law...The honest professional has no interest in entering a precarious contract that will generate fickle, accidental clientele attracted by dishonest business practices. The guarantee of freedom of expression allows the professional to promote his products and services, to criticize his competitors and to assert himself in a certain market by financial means, but without a guarantee of quality. That's why the role of the specialized media, but also of consumers, will be essential to limit certain slippages. Freedom of expression and information is recognized to any professional, but within certain limits. The anchor of the European judges is, most of the time, the standard on which the advertising material or advertising communication is based – does it have an informative role? Does it have an incentive role? Does it fit into a social or political debate? The development of artificial intelligence and online advertising is developing new unfair business practices, including the use of metadata and metatags, as well as internet domains, to mislead the consumer. Aware of the dangers of targeted advertising, the major smartphone manufacturers are substantially changing their policies, which in turn is causing a substantial reduction in the advertising revenue that social media platforms…The field of advertising is in continuous development. Equally, the regulations, the practice of the European Court, respectively of the Court of Justice and the practice of the national courts, which we have tried to summarize in a material whose conclusion is foreshadowed from the very introduction – advertising law has the real vocation to become a new transversal discipline of law.

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