Anàlisi legal i ètica de la publicitat audiovisual dels medicaments no subjectes a prescripció

Vinyals i Corney, Manel
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In order to analyze advertising messages from a legal and ethical standpoint, this research delimits the object of study to the category that corresponds to medicines not subject to prescription. Medicines as a specific type of product that can be commercially promoted and in relation to its advertising activities, produce an object of study with its own characteristics which is usefull to several industries and interest groups such as pharmaceuticals, advertising, education, health, consumers and users. This study is divided into the following major sections: First the theoretical and regulatory framework is analyzed. This framework provides the basis and contextual data to define and focus the specific inquiry, which is centered on the analysis of advertisements from the legal and ethical standpoint. The characteristics of non-prescription medicines and their regulations are examined to serve as preliminary stages in the research. This section delves into legislation affecting the advertising message and into professional ethics and codes of conduct that have been developed in order to solve and prevent possible conflicts of interest involving consumers and/or competition. The analysis of legal provisions and applicable codes of conduct allows us to extract a synthesis of elements and principles which will be added to the interpretation of a sample of one hundred ads, which is representative of the sector under examination. Qualitative and quantitative methods are used in the research. Through sixteen in-depth interviews conducted to professionals in the pharmaceutical and health industries, advertising agencies, and consumers, a number of qualitative variables that serve to accurately define the components and characteristics of advertisements that are analyzed according to the method of content analysis, are distilled. Through triangulation of perspectives, the combination of both types of methodologies will allow us to obtain a set of conclusions regarding which are the keys to interpreting the messages from the advertising sample, and to what extent there is a set of elements that can be analyzed from a legal and ethical standpoint. ​
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