WOLNA REKLAMA I JEJ NORMATYWNE OGRANICZENIA
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Date
2000
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WydziaĆ Prawa i Administracji UAM
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FREE ADVERTISING AND ITS NORMATIVE LIMITATIONS
Abstract
Freedom of speech is considered as one of fundamental values protected in a democratic
lawful State. However, there is a need to stress the fact that a conflict between goods subjected to
a protection - is already characteristic feature of contemporary world. The principle of economic
freedom, and consequently - freedom of advertising, does compete here against the freedom of
speech, the right to a privacy, the ban on unfair competition and the ban on advertising some
chosen products. The Author of the article criticises some of normative solutions adopted in Polish
legislation on the freedom o f advertising. He indicates for instance that thanks to having admitted
intermediate advertising in case of promotion of alcohol - in fact a circumvention of the inhibition
to advertise such products is permitted. He stresses also that Polish legislation lacks some clear
definition of the position that is occupied by the Internet among other advertising media. The
Author mentions finally that Polish streets are overloaded with advertisement of mere esthetic
quality.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 62, 2000, z. 2, s. 65-78