Code of Advertising

The courts have upheld the theory that a newspaper does not have to accept any advertising that is offered to it. To protect the interest of readers and advertisers of The Prospector, The University of Texas at El Paso’s student newspaper, and Minero Magazine, the Student Media and Publications Committee has adopted a code of advertising acceptability that serves to protect the reader from the potentially harmful effects of misleading, inaccurate, fraudulent, doubtful, or ambiguous representation and dishonest or unfair competitive statements. The Prospector reserves the right to refuse or revise any advertising deemed to adversely affect the integrity and credibility of the newspaper as a source of truthful and accurate information, or conflict with the educational mission of the university community served. The Prospector reserves the right to institute such other general policies as may be deemed appropriate at any time. Sole responsibility for the content of an ad lies with the advertiser who unconditionally agrees to hold The Prospector faultless should a claim arise, and to pay for any and all expenses incurred as a result of the publication of such ad. Should an ad not be published as ordered, The Prospector’s liability is limited to the amount paid for the ad.

The standards also serve to prevent the effect of the bad advertising from destroying reader confidence in the medium and in the good advertising that it carries. The general standards, which govern the acceptability by the Student Media and Publications Committee (SMPC), are:

1. The SMPC does not accept advertising that, in its judgment, contains attacks of a personal, sexist, racial, ethnic, political, or national nature, or that reflects unfavorably on competitive organizations, institutions, or merchandise. No advertising will be accepted that subjugates either sex to an inferior role.
2. The SMPC does not accept advertising that, in its judgment, might destroy the confidence of readers or advertisers. This includes advertising that is misleading, or deceptive, or which grossly exaggerates or makes unwarranted claims.
3. The SMPC does not accept advertising that evades or attempts to encourage the evasion or violation of any law, regulation, or ordinance- municipal, state, or federal.
4. No advertising shall be accepted that resembles news matter in The Prospector or Minero Magazine print editions. If a type resembling standard body copy is used, a border will be placed around the ad, and the word “Advertisement” will be clearly defined at the top of the ad. Headlines shall not be standard news headline type. Online sponsored content or native advertising will be permitted as long as copy/images follow this code of advertising acceptability.
5. The Director, in consultation with the editor and/or Assistant Director, may set aside specified pages of The Prospector or Minero Magazine for special editorial use. Once so designated, advertising will be placed on these pages only with the agreement of these individuals when the best interests of The Prospector and Minero Magazine will be served by such placement. In the event an agreement cannot be reached on designating specified pages or in placing advertising on special pages, the Director will settle the matter.
6. Regarding opinion advertising, the policy of the SMPC on advertisement of political and social views is to keep its column, no matter how widely divergent it may be from that of the editorial stand of its individual publications, as long as such advertising does not violate the standards listed in 1, 2, and 3 above. Full identification of the sponsors of an opinion advertisement is required. In general, names of two or more of the officers of the organization must appear in the advertisement, as we as the address of the advertiser. If the names of other persons are to appear in the advertisement, the advertiser must furnish evidence that all such persons have given permission for the use of their names.
7. Any advertisement submitted to The Prospector or Minero Magazine for publication in a foreign language must be accompanied by a written translation in English. The SMPC reserves the right to withhold any such advertisement to allow for independent verification of content in view of its “Code of Advertising Acceptability.”
8. Research papers, term papers, bibliographies, and related service-type ads are not acceptable for publication in The Prospector or Minero Magazine.
9. Under the general heading of healthcare-related ads, The Prospector and Minero Magazine will not run pro-choice or pro-life ads.
10. Advertisements of pornographic nature: The Prospector and Minero Magazine reserve the right to alter, or refuse to publish, any ad that stretches its “good taste” policy in regard to ads of a pornographic nature. This specific policy relates to businesses advertising nude reviews, topless bars, and X-rated movies. Not acceptable are ads that, through photography or artwork, expose genitalia or buttocks of men or women and full breasts of women.
11. The SMPC reserves the right to review all advertising, regardless of whether the advertisements have been prepaid, to determine whether the advertisements meet the “Code of Advertising Acceptability.”
12. The SMPC reserves the right to amend or add to its specific policies as the need arises.
13. The ultimate authority in determining whether an advertisement is acceptable resides with the SMPC. This is delegated to the director. Questionable advertising will be submitted to the director, whose ruling will be final unless an appeal is made to the SMPC. If the advertiser or interested group insists that the advertisement or type of advertisement in question be submitted to the SMPC, it must be made within 48 hours after the appeal. The actions of the SMPC are final without outside review.