Creativity in Advertising: between limits and legality

In the vibrant world of advertising, Decree-Law 330/90 of 23 October takes center stage, outlining the ethical and legal standards that campaigns must meet in order to guarantee not only transparency, but also the safeguarding of consumer interests.

This law establishes strict criteria, requiring advertising campaigns to be truthful, clear and not harmful. The aim is to prevent misleading practices and ensure that advertising promotes a fair and healthy environment.

Recently, a viral campaign by a multinational furniture company satirically addressed “Operation Influencer“, generating an intense debate on social media: is this advertising legal?

According to the aforementioned decree-law, advertising is prohibited when it violates fundamental values and institutions enshrined in the constitution. Practices that disparage national symbols, encourage violence, offend against human dignity or promote discrimination are forbidden.

The campaign in question, by not offending institutions, encouraging illegal activities or promoting political ideas, does not seem to violate the principles laid down in Decree-Law 330/90, 23/10, which apparently makes it a campaign within legal limits.

The publicity campaign achieved such notoriety that the Portuguese National Electoral Commission (CNE) received multiple complaints, raising concerns that it could influence the electoral process. According to Organic Law no. 1/2006 of 13 February, article 76 stipulates that any form of political propaganda, direct or indirect, through commercial advertising is prohibited from the moment the decree setting the date of the elections is published. Although the campaign has elements related to the current political climate, the CNE has clarified that it does not fit the definition of political propaganda in commercial terms. Therefore, it does not represent an infraction of the legislation on electoral propaganda, nor does it constitute political propaganda.

However, it is crucial to stress that advertising creativity must be exercised responsibly, avoiding behaviors that are harmful to the environment and respecting society’s ethical and social values. So, although it can be considered legal, the assessment of the ethical suitability of this campaign remains open, reflecting the constant tension between freedom of expression and the limits of advertising ethics.

Contact our team for legal support