The regulation of advertising of goods in Maltese consumer-related legislation.

Abstract

Advertising can be described as the phenomenon of the 20th century. Although it is widely acknowledged that advertising is an effective marketing tool, less is known about the legal aspects surrounding it; and that is exactly the purpose of this thesis. Advertising can have an impact on a wide range of interests. It pervades all areas of our lives, and for such reason needs to be adequately regulated. This thesis will focus primarily on defining advertising in the context of other legislations such as the Constitution and the Civil and Commercial Codes. However, it shall also seek to understand better the recent amendments to the Consumer Affairs Act on Misleading and Comparative Advertising. There are a multitude of provisions in our laws connected to the topic in question. This is why this thesis was narrowed down to advertising of goods in consumer-related legislation. This has helped in defining the scope of this study particularly by focusing on goods. Attention was also given to broadcasting regulation, since this is the only source in our law where one can find a proper Code regulating the issue of advertising. Controversial issues such as subliminal advertising and advertising to minors were also discussed. This thesis could not have been complete without delving into the contentious issues of tobacco, alcohol and medicine advertising.