Advertising Board Sanctions

The Advertising Board may impose one or more of the following sanctions on commercial advertising and unfair commercial practices it finds in breach of Law No. 6502. Sanctions may be imposed on advertisers, advertising agencies and media organisations.

Types of Sanctions

• Suspension: Stopping the advertising or practice,
• Correction: Correcting the advertising by the same method,
• Administrative fine: The amount depends on the medium in which the ad was published and is increased each year by the revaluation rate,
• Interim suspension: During the investigation, where necessary, for up to three months.

Determining the Fine

The Law tiers fines by medium: amounts are higher for wide-reach media such as national television, the internet and the national press, and lower for local media. Fines are increased for repeat breaches. Social media and online ads are assessed within this tiering.

Interim Suspension

Where continuation of the breach may cause serious harm to consumers, the Board may order interim suspension of the ad for up to three months before the investigation concludes. Failure to comply with an interim suspension order is itself subject to sanctions.

Challenging Decisions

Board decisions may be challenged before the administrative court within sixty days of service; bringing an action does not automatically suspend the decision. If the administrative fine is paid within one month of service, a one-quarter reduction applies; paying the reduced amount does not remove the right to sue.

Avoiding Sanctions

The most effective way to reduce sanction risk is to have documents supporting claims ready and sector rules checked before the ad runs. Once an investigation starts, withdrawing or correcting the ad and a strong defence directly affect the outcome.