Legislation of the Advertising and Public Relations activities (20528)
Degree/study: Bachelor's Degree of Advertising and Public Relations
Year: third and fourth.
Term: third.
Number of ECTS credits: 4 credits
Hours of studi dedication: 100 hours
Teaching language or languages: catalán
Teaching Staff: Ricard Parrilla i Guix
1. Presentation of the subject
Legislation of the Advertising and Public Relations activities studies the legal framework related to advertising and public relations in Catalonia and Spain, with particular reference to the consumers' rights and obligations. The course focuses on developing the knowledge and the suitable attitudes to enable students to:
• develop their professional responsibilities knowing and taking into account the legal and deontological implications associated with the diffusion of advertising messages and the advertisement, sponsorship and public relations activities and techniques.
• know and apply their rights and obligations as workers and/ or businessmen in the sector of public relations and advertising, according to the labour and business regulations and the sectors' own regulations.
• be able to participate in the creation of advertisement messages, graphic or audiovisual works and logos, knowing the copyright regulation that protects the rights associated to these productions.
2. Competences to be attained
2.1. General competences
1G. Application of the required knowledge for problem solving and arguments defense when developing a professional activity. [SIST]
2G. Obtaining and interpreting relevant data for reflection upon social, scientific or ethical units associated to the study field. [INS]
5G. Skills to integrate knowledge in order to make judgements about the social and ethical responsibilities with limited information. [SIST]
7G. Acquiring research, synthesis and relation capacities that enable a self-directed or autonomous learning. [INS]
2.2. Specific competences
--E. Understanding the law and the deontological rules' function in society and, more specifically, in the regulation of the advertising and public relations activities.
--E. Assimilation of which are the actors with legitimate rights within the advertising and public relations communicative processes, which are their rights and obligations and the mechanisms to defend them.
14E. Mastering of the basic professional terminology, and understanding which are -and the influence they have- the legislation levels and the ethical rules for any professional, business or advertising and public relations creation practice.
--E. Understanding the moral and legal principles expressed in legal documents and deontological codes and their inherent logic, so that it is possible to identify, interpret and solve conflicts of interest associated to the reality of the sector.
45E. Capacity for acting with freedom and responsibility, on the basis of the knowledge and application of the moral criteria rules limiting the professional practice.
3. Contents
BLOCK 1. Introduction to the advertising and public relations law.
· Unit 1. Law, advertising law and public relations law concepts.
· Unit 2. Constitutional order principles related to advertising and public relations activities.
· Unit 3. Jurisdictional levels applicable to advertising and public relations.
BLOCK 2. Advertising law.
· Unit 4. Main regulations and dispositions on advertising law.
· Unit 5. Illicit advertising, misleading advertising and unfair advertising.
· Unit 6: Legislation applicable to specialized sectors: food, pharmaceutical sector, gaming and gambling, tobacco, tourism, financial advertising.
BLOCK 3. Public relations law.
· Unit 7. The main fundaments of the right to information, freedom of expression and information pluralism.
· Unit 8. Regulation of sponsorship activities.
BLOCK 4. Consumers and users protection.
· Unit 9. Consumers and users' rights and legal elements of e-commerce.
BLOCK 5. Intellectual and industrial property regulation.
· Unit 10. Copyright property: brands, patents and designs.
· Unit 11. Copyright and advertising creation.
BLOCK 6. Working and business activities legal framework.
· Unit 12. Advertising, sponsorship and public relations contractual modalities.
· Unit 13. General obligations and rights of workers, entrepreneurs and businessmen.
BLOCK 7. Self-regulation and deontological principles in advertising and public relations.
· Unit 14. Self-regulation and deontological principles in advertising and public relations.
4. Assessment
The assessment is continuous throughout the term and it is structured in two complementary parts. The individual assessment (46% of the final grade) consists of five activities: two seminars and three practical cases to be resolved. Besides, students will do a final course project (in groups, 52% of the final grade). In this final project, consisting of three phases, every group will resolve different problems for a company. The assessment of the final project will also take place throughout the term.
The assessed activities of every part, the thematic entity they are associated to and the weight they have in the final grade are as follows:
Part 1. Individual assessment 45%
ACTIVITY 1 (10%). Units 1, 2 and 3. Synthesis seminar. 8%.
ACTIVITY 2 (10%). Units 4 and 5. Presentation and explication of real cases in class.
ACTIVITY 3 (10%). Unit 6. A case resolution and presentation in class.
ACTIVITY 4 (15%). Unit 7. Synthesis seminar.
Part 2. In group assessment - Final course project (TFA). 55 %PHASE 1 TFA (10%) Units 1-8.
Specification of the legal frameworks and jurisdictional levels that need to be taken into account in the company chosen for the TFA.
PHASE 2 TFA (10%). Unit 9.
Solving a practical problem: consumers' rights infringement claim.
PHASE 3 TFA (22%).
Company defense in a conflict of interests. Possibilities: advertising law; public relations law, copyright regulation.
PHASE 4 TFA - Presentation (13%).
TFA oral presentation, particularly stressing PHASE 3.
5. Bibliography and teaching resources
5.1. Basic bibliography
DE LA CUESTA RUTE, J.M. (2002). Curso de derecho de la publicidad. Navarra: EUNSA.
COMINGES, J. Derecho publicitario. Granada: Concepto, 2006. [Comunicación y Publicidad. Tadel Formación].
LEMA, D.; CARLOS I GOMEZ, J. Código de publicidad. Madrid: Autocontrol. Marcial Pons, 1995.
SANTAELLA, M. Derecho de la publicidad. Madrid: Civitas, 2003.
VILAJOANA, S. (2009). El derecho de la publicidad. Barcelona: Editorial UOC
5.2. Complementary bibliography
ACOSTA, J. Perfiles de la Ley general de publicidad. Barcelona: PPU, 1990.
CORREDORIA, L. El patrocinio. Su régimen jurídico en España y en la CEE. Barcelona: Bosch, 1991.
DE LA CUESTA RUTE, J. M. Curso de Derecho de la Publicidad. Pamplona: EUNSA, 2002.
MIGUEL ASENSIO, P. Régimen jurídico de la publicidad transfronteriza. Madrid: Iustel, 2005.
RAMOS, F. Los límites de la publicidad. Pontevedra: Diputación de Pontevedra, 2000
5.3. Teaching resources
Agéncia Catalana del Consum: http://www.consum.cat.
Autocontrol: Asociación para la Regulación de la Comunicación Comercial: www.autocontrol.es
European Advertising Standards Alliance, EASA http://www.easa-alliance.org
Asociación Española de Anunciantes (Anunciantes) http://www.anunciantes.com
Asociación Española de Agencias de Publicidad, AEAP http://www.aeap.es
Cámara Internacional de Comercio, International Chconer of Commerce http://www.iccwbo.org
Instituto Nacional de Consumo, INC http://www.consumo-inc.es
Consell de l'Audiovisual de Catalunya, CAC http://www.audiovisualcat.net
6. Metodology
The course will combine the following methodologies:
· Theoretical presentations by the professor.
· Debates in class based on case studies analysis, previously contextualized by the professor.
· Debates during seminars based on the theoretical presentations and readings.
· Written solving of problems and real cases by students, individually or in group (final course project).
· Oral presentations in class by students.
· Tutoring sessions.
The final course project will be assessed progressively. Students will get feedback on the first two phases and the continuous assessment activities before facing the third part of the final course project.