No More Escobar Shirts: A Debate Over the Glorification of Criminals and Free Expression Rights By: Alyssa Lawton

For decades, Colombia’s image has been clouded by memories of the pandemonium caused by the narcotrafficking of Pablo Escobar. Debates remain in the country over what level of recognition the drug kingpin should receive and recently, the legislature in Colombia has discussed criminalizing some representations of Escobar.[1]

Specifically, legislation has been proposed that would “sanction[] those who commercialize, distribute, or use symbols that glorify convicted criminals.”[2] Those found in violation of the law would be subject to fines ranging from $173,000 COP ($41.53 USD) to $693,000 COP ($166.35 USD) and could also include business suspensions or the destruction of the items.[3] If the law is implemented, it would include a transition period that would allow those with products depicting Escobar and other criminals time to stop selling the products and to replace their merchandise with other, legal products.[4]

Supporters of the bill point to the negative history associated with Escobar (and others) and their belief that such products are part of the “glorification of a drug boss who was central in the global cocaine trade and widely held responsible for at least 4,000 killings.”[5] Congressional members in support of the bill argue that the bill focuses on educating Colombian society on the harm caused by criminals like Escobar and removing the hero-like status such individuals have received.[6]

However, many are also opposed to the legislation. One argument in support of the sale of the merchandise is the economic benefits of the sale of the items.[7] A vendor in Escobar’s hometown said, “[t]his Escobar merchandise benefits many families here - it sustains us. It helps us pay our rent, buy food, look after our kids.”[8] The numbers seem to support this claim as well —this vendor cites that at least 15% of her sales come from Escobar-related products while other vendors claim this number is as high as 60%.[9] However, it is hard to determine the actual impact such a ban would have on sales as most vendors in Colombia operate informally, that is, without official records.[10] Additionally, these sellers provide evidence that the law would not achieve its intended goal of educating Colombian society because, as one vendor put it, “‘the Mexicans, the Costa Ricans, the Americans are always asking me for Escobar’ merchandise.”[11] A perhaps more fundamental issue cited by critics of the bill, though, is its possible infringement on freedom of expression rights. The Colombian constitution provides for the right “expresar y difundir su pensamiento y opiniones” [“to express and disseminate one's thoughts and opinions.] ”[12] The concern of those with this fear is that the prohibition of the sale of these products would constitute a limitation on individuals’ expression rights, thus violating the Colombian Constitution.[13] In response to this criticism, Congressional supporters of the bill have stated, “los derechos de uno van hasta donde se empiezan a violar los de otros, y acá hay muchas víctimas del narcotráfico que se sienten revictimizadas al ver que se exaltan como héroes a quienes les causaron daño” [“one’s rights go as far as violating the rights of others, and here there are many victims of drug trafficking who feel revictimized when they see those who caused them harm being exalted as heroes.”][14] The supporters further state that concerns regarding the implications on free expression rights will be addressed through the four stages the bill is required to pass through before it becomes law.[15]

This legislation would not be the first time the Colombian government has moved to prohibit the use of the name and likeness of Escobar. In 2023, the Superintendency of Industry and Commerce in Colombia refused a request by Escobar’s widow and children to trademark phrases like “Pablo Escobar” and “Pablo Emilio Escobar Gaviria” for advertising, museums, and videos.[16] Interestingly, however, the Superintendency of Industry and Commerce has permitted the trademarking of these phrases for clothing and footwear and is considering approving them for things like beer, tourist services, and restaurants.[17] Similar to the Superintendency’s rejection of the trademark application for advertising, museums, and videos, the Court of Justice of the European Union refused to grant trademark status to the phrase “Pablo Escobar.”[18] The Court reasoned that the decision of the European Union Intellectual Property Office to reject the application was correct because “the mark was contrary to public policy and to accepted principles of morality . . . [because reasonable people] would associate the name of Pablo Escobar with drug trafficking and narco-terrorism and with the crimes and suffering resulting therefrom.”[19]

Colombia’s association with Pablo Escobar has resulted in an image of Colombia that is tied to drug trafficking. As Colombia attempts to distance itself from Escobar, recent governmental actions have been taken to further this separation. Through a bill aimed to stop the sale of merchandise romanticizing Escobar and others, members of Colombia’s Congress are attempting to stop this type of association. However, such efforts have not been without pushback, as vendors cite the likely negative economic windfall of the bill and as others point to the freedom of expression issues associated with the bill. Escobar’s impact on Colombia will always be an important part of Colombia’s history, however, the way in which it is recognized may change. Along with this, BlueStar can attempt to limit their liability due to the drunk driving of Daniel Driver. The argument is that it was not reasonably foreseeable that a drunk driver would cause an accident due to their negligence. This would limit the damages that they may have to pay for the car and for the injured passenger in Daniel’s car. Nonetheless, this may not work because it may be reasonably foreseeable that a car broken down in the roadway would cause an accident and the alleged drunk driving did not play enough of a part to remove liability.

[1] BELatina Daily, Crackdown on Narcotourism: New Bill Targets Pablo Escobar Memorabilia in Colombia, BELᴀᴛɪɴᴀ (July 31, 2024), https://belatina.com/crackdown-on-narcotourism-new-bill-targets-pablo-escobar-memorabilia-in-colombia/.

[2] Id.

[3] Id.; 1 COP to USD - Convert Colombian Pesos to US Dollars, Xᴇ (Feb. 13, 2025, 11:38 PM), https://www.xe.com/currencyconverter/convert/?Amount=1&From=COP&To=USD.

[4] Catherine Ellis, Erasing Escobar: Will Colombia ban the sale of memorabilia of the drug lord?, BBC (Feb. 12, 2025), https://www.bbc.com/news/articles/cednp178dwdo.

[5] Id.

[6] Redacción El Colombiano, Discusión amplia sobre ley que prohíbe comerciar con la imagen de delincuentes como Pablo Escobar comienza por Medellín [Broad discussion on law banning trading in the image of criminals like Pablo Escobar begins in Medellin], Eʟ Cᴏʟᴏᴍʙɪᴀɴᴏ (Nov. 21, 2024), https://www.elcolombiano.com/medellin/medellin-inicia-debate-sobre-ley-que-prohibe-uso-comercial-de-imagen-de-pablo-escobar-AO25900055.

[7] Supra note 4.

[8] Supra note 4.

[9] Supra note 4.

[10] Supra note 1.

[11] Betsy Reed, Colombian congress debates banning souvenirs of drug lord Pablo Escobar, Tʜᴇ Gᴜᴀʀᴅɪᴀɴ (Aug. 5, 2024 1:39pm), https://www.theguardian.com/world/article/2024/aug/05/colombia-congress-pablo-escobar-souvenirs.

[12] Javier Gonzalez Penagos, Buscan prohibir venta y uso de elementos alusivos a criminales como Pablo Escobar: este es el abecé del proyecto [They seek to prohibit the sale and use of elements alluding to criminals such as Pablo Escobar: this is the ABC of the project], Eʟ Cᴏʟᴏᴍʙɪᴀɴᴏ (July 31, 2024), https://www.elcolombiano.com/colombia/buscan-prohibir-venta-y-uso-de-elementos-alusivos-a-criminales-como-pablo-escobar-EE25124725.

[13] Supra note 6.

[14] Supra note 6.

[15] Supra note 11; supra note 4.

[16] Supra note 10; supra note 11.

[17] Supra note 11.

[18]  Court of Justice of the European Union Press Release No 67/24, The name Pablo Escobar may not be registered as an EU trade mark (Apr. 17, 2024), https://curia.europa.eu/jcms/upload/docs/application/pdf/2024-04/cp240067en.pdf.

[19] Id.