Libertad de expresión y límites de la publicidad relacionada con vehículos a motor en la jurisprudencia menor (Freedom of Speech and Limits to Motor Vehicle Advertising in Lower Court Rulings)
Actas de Derecho Industrial y Derecho de Autor, Vol. 32, 2011-2012, pp. 319-348
Posted: 26 Dec 2012 Last revised: 12 Feb 2013
Date Written: October 2012
According to Spanish law, motorcycle drivers and passengers must use helmets properly (art. 118.1.I Traffic General Regulations). Besides, the Spanish Road Traffic Act bans advertising related to motor vehicles which may incite or induce behaviors against traffic safety (art. 52 Spanish Road Traffic Act, LsTr).
In this paper, its authors uphold that article 52 LsTr is not applicable to the advertising of fictional works in cases in which either from a cause-in-fact point of view or from a proximate causation standpoint it cannot be reasonably inferred that the commercial speech’s content may have incited illegal motor vehicle driving conducts.
Keywords: Advertising, Motor Vehicles, Film Fiction, Freedom of Speech, Causation, Cause of Fact, Scope of Liability, Proximate Causation, Article 52 Spanish Road Traffic Act
JEL Classification: K19
Suggested Citation: Suggested Citation