American Commission on Human Rights of the OAS released the 2010 Report of the Special Rapporteur for Freedom of Expression, where the second part develops widely understood what are the guiding principles of advertising. The same are recommendations on the Regulation of Government Advertising in the Inter-American Human Rights Protection in Uruguay and all OAS member countries.
Specifically, the disclosure of those principles seek to "reduce discriminatory or arbitrary allocations of public resources" driving "clear and transparent legal frameworks to prevent arbitrary decisions. " Obviously, the issue is not beyond our domestic reality and well deserves to be widely known and bring to the discussion.
These are some principles for the development of the mentioned legal and institutional policy:
1. Establishment of special laws, clear and precise. The lack of a specific legal framework and appropriate for defining the objectives, allocation, procurement and control of the state pattern allows arbitrary use of these resources to the detriment of freedom of expression. This legal framework must "define the advertising simple and comprehensive manner, for example, stating that government advertising is any communication, advertisement, or publicly funded space in any media or medium. " Also, "should incorporate the principles of public interest, transparency, accountability, non-discrimination, efficiency and good use of public funds." The regulation should also include appropriate penalties for violation of its provisions.
2. Legitimate targets of advertising. It "must use the pattern or advertising to communicate with and inform the population through social media on their services and public policies that drive, in order to fulfill their duties and ensure the right to information and the exercise of the rights of the beneficiaries of the same or community. Efforts should be public interest information intended to satisfy the State's legitimate purposes and not used for discriminatory purposes, to violate citizens' human rights or electoral or partisan purposes. " Reiterates: "Government advertising must therefore have a purpose of public utility and the government should use the media, media and formats to better ensure access and dissemination information, according to the purpose and characteristics of each campaign. "
3. Criteria for distribution of state guidelines. It "should be established for the procurement and distribution of official advertising, procedures that reduce the discretion and avoid suspicions of political favoritism in the distribution. Advertising resources should be allocated according to criteria, clear, transparent and objective. The state guidelines should never be allocated by States to reward or punish the editorial content and news media. " Furthermore, "the arbitrary and discriminatory placement of official advertising (...) with the intent to put pressure on and punish or reward and provide privileges to social communicators and the media based on their information lines, violating freedom of expression and should be explicitly prohibited by law. " At the time of awarding the pattern, it "should be written and clearly establish what were the parameters used and the way they were applied." It also notes that "the management of advertising funds should not be left to the political appointees who depend directly and only to the executive powers of turn."
4. Proper planning. The regulatory standard should require that the various agencies "to make proper planning of state avisaje. The decision to grant public funds for advertising must be taken in a transparent, justified and allow public scrutiny. The pattern must be justified by the existence of campaigns and ads that meet specific needs and real communication. "
5. Contracting mechanisms. It should allocate advertising resources through open, transparent and non discriminatory, depending on the features of each jurisdiction. All steps involved in the recruitment circuit must be public so that procedural control is allowed by the suppliers, the community, the supervisory bodies and the public administration itself.
6. Transparency and access to information. It should promote transparency of data on state guidelines. All information on advertising that is held by the state is public information. "The actual allocation of advertising and total spending in this area should also be subject to public disclosure, to ensure justice and respect for freedom of expression." Private entities should be aware that by participating in the procurement of government advertising, certain information strictly related to the recruitment process that might otherwise be considered private, becomes public. All information relating to the issue of government advertising must be public.
7. External control of the advertising assignment. It should establish mechanisms for external control by an independent body that allow comprehensive monitoring of the allocation of government advertising. Such controls should include regular audits on government spending and practices in recruitment pattern, as well as special reports on state practices in this area with adequate legislative or parliamentary control.
8. Pluralism of information and advertising. "States should establish policies and allocate resources to promote diversity and pluralism of media through indirect support mechanisms, neutral or explicit subsidies, differentiated advertising costs. The state guideline should not be considered as a support mechanism for the media ... .. Whether using tax breaks, funding systems, grant aid or contest, or any other mechanism for the promotion of pluralism of information, provided mapping procedures should be fair, open, public and use clear, transparent and neutral in relation to the editorial or political castling content, so as to avoid any kind of arbitrariness. States should never use official advertising as a subsidy, as they have different objectives. "
These eight guiding principles of advertising also contain several other rules, in addition to the already transcribed, which will be discussed in the next note.
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