POLARIZING CONCEPT OF SEXIST ADVERTISING IN THE CONTEXT OF THE LAW AGAINST UNFAIR COMPETITION

• Authors: Kotásek Josef
• Languages of publication: EN

Abstracts

EN

This article offers a critical examination of the legal classification of so-called sexist advertising within the framework of unfair competition law, construed broadly to encompass the regulation of unfair commercial practices under the Czech Consumer Protection Act. Drawing on definitions articulated in soft-law mechanisms and self-regulatory initiatives; the author analyses the development of the concept of sexist advertising and its interpretation in recent Czech case law. The study aims to integrate these conceptual frameworks into the legal architecture governing unfair competition and unfair commercial practices. Emphasis is placed on the regulatory tension between the objectives of competition law and the prohibition of discriminatory advertising. The author evaluates the potential for addressing such advertising through the general clause prohibiting „infringements of public law with competition implications”. The article concludes that a reflexive and principled approach – rooted in the regulatory purposes of competition law – provides a coherent solution. Such an approach prevents the incorporation of inconsistent axiological standards into the application of unfair competition provisions, thereby safeguarding legal certainty and doctrinal consistency.

Keywords

EN

SEXIST ADVERTISING; GENDER DISCRIMINATION; UNFAIR COMPETITION; CZECH CONSUMER PROTECTION ACT

• Publisher: Institute of State and Law of the Slovak Academy of Sciences
• Journal: Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
• Year: 2025
• Volume: 108
• Issue: spec.iss
• Pages: 82 – 96

Contributors

author

Kotásek Josef

• Faculty of law, Masaryk University, Czech Republic

• https://orcid.org/0000-0001-6792-3422

Identifiers

DOI

https://doi.org/10.31577/pravnyobzor.specialissue.2025.04