Publication details
The Limits of Advertising Self-Regulation: Lessons from the Czech Republic
| Authors | |
|---|---|
| Year of publication | 2026 |
| Type | Peer-reviewed scientific article |
| Magazine / Source | TRANSFORMACJE PRAWA PRYWATNEGO |
| MU Faculty or unit | |
| Citation | |
| web | Webové stránky časopisu. |
| Keywords | samoregulace; reklama; Rada pro reklamu; sexism |
| Attached files | |
| Description | The paper examines the limits and weak points of advertising self-regulation using the example of the Czech system of the Council for Advertising and its Advertising Code, set within the framework of European self-regulation (EASA, ICC Code) and polarizing social issues. The author shows that self-regulatory codes are an important and flexible instrument for addressing the “grey zones” of law (taste, decency, gender equality, sexism), but at the same time they may come into conflict with legal rules or undermine their objectives. The text analyses three typical situations: a direct contradiction between the code and the law (for example the former regulation of unsolicited SMS/MMS in the Czech Advertising Code), disruption of the regulatory objectives of legal rules through disproportionately restrictive ethical standards (“ethical cartelization”), and problematic restrictions on certain forms of advertising content. The second part focuses on the enforcement of self-regulatory rules, their relationship to the law on unfair commercial practices, and the potential use of the Unfair Commercial Practices Directive (UCPD) for scrutinizing misleading claims about compliance with codes of conduct. The study draws general lessons for the design and application of advertising self-regulatory systems, including risks related to funding, transparency, and the way self-regulation is perceived by the lay public. |
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