P.R. Laws tit. 3, § 341e-3

2019-02-20 00:00:00+00
§ 341e-3. Prohibitions—Exceptions

(a) The Secretary may grant dispensations from compliance with the provisions of § 343e-2 of this title to public agencies in the following cases:

(1) The topic or content of a radio or television program offers the ideal opportunity to show educational advertisements on its same subject matter and the agency that requests the dispensation has the legal mandate to educate on the subject matter of the advertisement.

(2) Marketing studies show that the audience of the radio and television program is mostly constituted by the population to which the advertisement is addressed and is not an advertisement to promote carnivals, festivals, patron saints festivities, camps, public shows, exhibitions, anniversaries, contests, sports clinics, competitions, championships, Olympic games and other[s] of a similar nature.

(3) When dealing with messages of a preventive and educational nature, geared toward giving orientation to the citizenry that generally tunes in and watches the programs included in § 341e-2 of this title and the agency requesting the dispensation has the legal mandate to educate on the matter dealt with in the announcement.

The Secretary shall consider the inquiry and shall grant the dispensation within not more than 15 calendar days. If the inquiry for the dispensation is not replied to within said term, it shall be understood as approved and the agency may schedule the corresponding announcements according to its media plan.

(b) The dispensation from the Secretary shall not be required when the public announcement is necessary and urgent because:

(1) There is a state of emergency declared by the Governor, as provided by the provisions of §§ 172 et seq. of Title 25, known as the “Commonwealth of Puerto Rico Emergency Management and Disaster Administration Act”.

(2) There is an emergency caused by a disaster, catastrophic accident or similar situation within the geographic boundaries of a municipality declared as such by the Mayor, pursuant to § 4109 of Title 21, part of the “Autonomous Municipalities Act”.

History —Apr. 23, 1973, No. 5, p. 15, added as § 6-C on Aug. 8, 1997, No. 60, § 3; Jan. 10, 1998, No. 27, § 3; Aug. 9, 2002, No. 146, § 3; Sept. 16, 2004, No. 336, § 2 [bis]