Agency and advertiser fined for discriminatory advertising
The Commission of INDECOPI's Junín Regional Office, in ex officio first-instance proceedings, sanctioned an advertising agency and an advertiser for running ads in Huancayo that encouraged, reinforced or legitimized discrimination based on sexual orientation.
The Commission applied the social-adequacy principle (Article 18 of Legislative Decree No. 1044, the Unfair Competition Law) and held that freedom of commercial speech does not protect advertising that promotes or normalizes discriminatory conduct.
It fined the agency 15 UIT and the advertiser 10 UIT, and ordered both to refrain from running similar content. Resolution No. 254-2026/INDECOPI-JUN may be appealed to the Specialized Chamber for the Defense of Competition.
Why it matters: both the advertiser and the agency are liable for advertising content, so campaigns should be reviewed before they run.
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