Content marketing and advertising - legal restrictions

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Content marketing is a customer acquisition strategy that induces customers to purchase specific goods or services. It is a kind of advertising that uses the media to post attractive content through appropriate forms of communication. It is good to know that because content marketing is a kind of advertisement, it is subject to certain legal restrictions with regard to certain categories of services or products.

Differences between advertising and surreptitious advertising

Advertising is an action aimed at encouraging recipients to purchase specific products or services by providing them with information about these products and services. Forms of advertising are different, but the advantages of products or services are always presented in such a way as to interest and attract as many customers as possible. Advertising is properly marked so the customer is aware that it is an advertisement. However, surreptitious advertising gives the impression of an objective message and evaluation of specific products or services, but it is sometimes difficult to talk about objectivity if a journalist or blogger, who publishes and evaluates a given product, receives financial or other remuneration for it. For example, fashion bloggers who receive these products in their own right for advertising a given product. It often happens that they do not inform their readers that they have received the product promoted by them as a gift.

The Act of 16 April 1993 contains provisions defining restrictions on advertising aimed at combating unfair competition. This act describes in detail, in the form of an open catalogue, all actions which have the characteristics of unfair competition. This includes acts contrary to applicable law as well as good manners that threaten the entrepreneur or the customer or damage their interests. This includes actions that mislead customers or refer to their feelings by e.g. causing anxiety or exploiting the credulity of children. These are also activities of sending unsolicited products to customers or soliciting them in public places.

restrictions on the display of advertisements

In addition to general advertising restrictions, there are also specific restrictions on the promotion of certain goods or services, e.g. tobacco products, alcohol, doctors, notaries, attorneys, tax advisors. Certain restrictions also exist in the promotion of gambling. Advertising in electronically provided services is also prohibited.

In each of the cases mentioned above, there are clear rules on what is prohibited and what may be allowed. For example, the advertising of alcoholic products is completely prohibited, but in certain cases it is allowed to advertise beer. There are clear rules describing the conditions that must be met in order for beer advertising to be allowed. Among other things, it cannot be addressed to minors, cannot be associated with relaxation, success or health and cannot be emitted throughout the day, but only at certain hours.

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