COMMERCIAL ADVERTISING: Effects and Boundaries Cover Image

COMMERCIAL ADVERTISING: Effects and Boundaries

Author(s): Vladimir Serjević, Vanja Serjević
Subject(s): Law, Constitution, Jurisprudence, Media studies, Marketing / Advertising
Published by: Правни факултет Универзитета у Нишу
Keywords: commercial advertising; advertising spot; economic promotion; effects and boundaries of the advertising of goods and services

Summary/Abstract: Commercial advertising, i.e. advertising of goods and services, is stated in the domestic Act on Announcements as one of the forms of public announcement. In the course of everyday life, it is more commonly recognized under the terms ’advertising spot’ and ’economic promotion’. Beneficial effects of commercial advertising are the reflection of the fulfillment of mainly the interests of the trader (i.e. natural or legal person acting for purposes relating to his/her trade, business, craft or profession), as well as the fulfillment of the interests of other subjects. On the other hand, harmful effects are those that convey the fulfillment of the trader’s interests to the prejudice of the interests of others (e.g. society, buyers and consumers, as well as the trader’s competitors). The limitations of the freedom of commercial advertising are called for due to its harmful effects. The boundaries are defined and prescribed by law. Those that are presented in the paper are twofold: On one side, there are the limitations which serve to protect the interests of buyers and consumers; and, on the other, there are those which serve to protect the competitive process (i.e. competition). Also, the point is being made towards those limitations which serve to protect the general public interests. The paper gives an overview of the legal acts prescribing commercial advertising in the countries belonging to the Serbo-Croatian-speaking region, as well as in the European Union. The contributive role of the paper would be to lay the groundwork for domestic legislative improvements on the subject. In other words – to provide additional steering of commercial advertising towards the satisfaction and congruence of the interests of all the relevant subjects.

  • Issue Year: LXI/2012
  • Issue No: 61
  • Page Range: 387-406
  • Page Count: 20
  • Language: Serbian