Regulation of advertising by means of public and private law

As the character of advertising is essentially public it is no wonder that advertising appeals to vast strata of population. lt can affect various substantial social values and this influence is not restricted only to the economic ones. Therefore the purity of advertising cannot be guaranteed by the "invisible hand of market" only, and some sort of regulation by means of public law is necessary. Suggested legal adjustments must be carried out in such a way that will ma ke socially harmful advertising subjected to possible recourse. The norm of public law should not serve as a tool for solving cases of individual rivals' competitions. The article attempts to clear the question of to what extent the Czech Law of Advertising Regulation (law no. 40/95 ofthe Collection of Laws) meets the demands set forth above. There have also been suggested such changes in this Law that make it more precise and clear. ln the same time, the author mentions dangers unavoidable in cases when legal action by means of the public law is taken against advertising: in this situation the advertising may get massive publicity which then serves for the interests of these who distribute the undesirable advertising.