Advertising and the rules of unfair competition

Abstract

In all advanced societies, the tendency whether commercial advertising merits constitutional protection or not, is nowadays being settled in the affirmative. However, still debatable and unsolved is the extent and under what conditions would advertisements merit constitutional protection. The situation in all European and North American market-orientated societies, varies. Under Maltese law, the constitutional right and protection to advertise and correspondingly to receive advertisements, stems from section 42 of the Constitution namely under 'the right of freedom of expression'. However it must also be noted that the Constitution also recognises "private economic enterprise" and, as will be seen, advertising is one important means for the livelihood of private economic initiative.