The information below is updated as of January 2021, but there may have been regulatory changes since. If you spot something that is inaccurate, please let us know at regulatory@avia.org.
Please select the market(s)
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Pay TVOCC TV
General
Overview of Regulation
- Besides the Australian Communications and Media Authority (ACMA), Australia has several other regulatory bodies that act in synergy with each other. The Australian Subscription Television and Radio Association (ASTRA) Codes of Practice for Subscription Broadcast Television require that advertisements comply with any relevant Australian Association of National Advertisers’ (AANA) Codes and complaints referred to the Advertising Standards Bureau (ASB) where appropriate.
General Principles
- The codes are designed to recognize the fundamental differences between the mass appeal and target of FTA TV and the niche nature of subscription/pay TV. A higher level of self-regulation is allowed for pay TV because the audience is narrower and viewers have opted in to receive the programming in the first place.
- Specific prohibitions (such as tobacco advertising and advertising of certain interactive gambling services) apply to online platforms.
- There are a number of self-regulatory codes and guidelines that apply to online platforms. Certain online content providers (both foreign and domestic) are members of the bodies administering the various codes and there tends to be compliance by the major local content platforms.
Regulatory Bodies
- The ACMA administers broadcasting codes of practice, standards and licence conditions.
- The ASTRA administers the Subscription Broadcast Television Code.
- The AANA is primarily responsible for the self-regulatory advertising regime, providing codes and handling complaints through its Advertising Standards Bureau.
- The AANA self-regulatory codes are also relevant to online advertising, and major local online content platforms tend to comply with those codes.
Advertising per hour
No restrictions.
Revenue Restrictions
- 50% of pay TV operators’ total revenue.
No restrictions.
Product Placement
No restrictions.
Foreign Commercials
No restrictions.
Govt Levy
No restrictions.
PSAs
No restrictions.
Product Specific
Alcohol
- The Alcohol Beverages Advertising Code (ABAC) requires a responsible approach that does not encourage excessive or rapid consumption, abuse of alcohol or underage drinking. Ads must not show or encourage irresponsible or offensive behaviour associated with alcohol. Ads cannot challenge or dare people to consume alcohol. Ads cannot promote specific beverages by reference to its alcoholic strength or its intoxicating effect. Ads must not be appealing to children, and broadly are restricted from depicting an adult who is under 25. Ads cannot suggest that alcohol contributes to a change in mood or environment, or contributes to achievements of personal, business, social, sporting, sexual or other success, or otherwise offers any therapeutic benefit or is a necessary aid to relaxation. Ads cannot show any person consuming alcohol before or during any activity that requires a high degree of alertness or coordination, such as driving, sailing, using machinery or swimming. More detailed conditions are stated in the ABAC.
- Pay TV providers are also required to take into account the intended audience when scheduling alcohol advertisements.
- Alcohol ads may only be placed where the audience is reasonably expected to comprise at least 75% adults.
- The ABAC Code also applies to online advertising. (Almost all alcohol companies operating in Australia are signatories to the Code, and there have been several adjudications under the Code in respect of online alcohol advertising.)
- There are restrictions on the scheduling of alcohol advertising to reduce children’s exposure. If a media platform has age restriction controls available, the marketer must use those age restriction controls to exclude minors from the audience.
- Alcohol ads must not be placed with programs or content primarily aimed at minors.
Pharmaceutical
- Ad content for over-the-counter and complementary medicine must adhere to the Therapeutic Goods Advertising Code (No. 2) 2018 and its copy must be approved by the Australian Self-Medication Industry (ASMI).
- Advertising (including advertising of prescription medicines) otherwise prohibited.
- As for pay TV, but approval of copy not required.
Gambling
- Pay TV providers required to take into account the intended audience when scheduling such advertisements. (Any gambling ad on a pay TV channel dedicated to children’s programming is very likely to run afoul of the regulations.)
- Promotion of betting odds during a live broadcast of a sporting event is restricted. (The restrictions are prescriptive.)
- During a live sporting event, broadcasters must ensure that anyone who represents a gambling organisation is clearly identified, not part of the commentary team, and not at the venue.
- Advertising of certain interactive gambling services prohibited. An AANA Code of Practice regulating the content of gambling advertising has come into force. It relates to socially responsible gambling advertising, but does not place any new restrictions on placement or scheduling.
- Online advertising of certain interactive gambling services is prohibited if the website containing advertising is accessible by end users in Australia and the majority of people accessing the website are physically present in Australia.
- Most providers that stream live sports content must abide by the Online Content Service Provider Rules 2018, which differ slightly from the rules applicable to TV broadcasters.
- Providers must not promote any gambling content that is socially irresponsible, e.g. targeting children, exaggerating the likelihood of a gambler’s success, or connecting gambling with alcohol.
- An AANA Code of Practice relates to socially responsible gambling advertising, but does not place any new restrictions on placement or scheduling.
- For the OCC provider that is streaming a sporting event outside Australia, that provider must follow the Australian rules if it targets people who are in Australia or any of the content is likely to appeal to the public in Australia.
- Certain regulations depend on the timing of the advertisement. The applicable time zone is that of the person using the streaming service in Australia (as opposed to the time the live sports event is taking place). Accordingly streaming service providers must consider the time zone of all potential viewers across Australia.
- If an online service streams identical content at the same time as a live broadcast (i.e. simulcasts) the broadcast rules must be followed.
Claims
Misleading claims prohibited.
Food & Beverages
- Numerous self-regulatory codes address food and beverage advertising to adults and children in Australia, including the AANA Food and Beverages Advertising and Marketing Communications Code.
- Must not undermine the importance of healthy or active lifestyles nor the promotion of healthy balanced diets, or encourage excess consumption.
- Claims cannot be misleading and must be able to be substantiated; in particular, any health or nutrition claims must be supported by scientific evidence meeting the requirements of the Australian and New Zealand Food Standards Code.
- As for pay TV.
Personal Hygiene / Sanitary (including Condoms)
- Under the Therapeutic Goods Advertising Code (No. 2) 2018, condom and tampon advertisements must not be directed primarily to children under the age of 12.
- No restrictions.
Tobacco
Prohibited.
Children
- Should not seek to exploit children’s innate credulity, loyalty and sense of fair play.
- The AANA Code for Advertising & Marketing Communications to Children requires children’s advertising to be clearly distinguishable from programming; in particular, must not use popular personalities or celebrities (live or animated) to advertise or market products or premiums in a manner that obscures the distinction between commercial promotions and program or editorial content.
- The AANA Code also requires that advertisers not depict unsafe uses of products or unsafe situations, portray distressing events, demean a minority group or undermine parental authority.
- Regarding F&B, similar to general F&B regulations.
- As for pay TV with respect to the AANA Code for Advertising & Marketing Communications to Children.
Women
- No regulations exist, other than general rule in AANA Code of Ethics against discrimination on the basis of gender, amongst other things.
- As for pay TV.
Property
No regulations exist.
Country-Specific Information
- Legislation is comprehensive and allows for self-regulation.
- Other self-regulatory codes include AANA Environmental Claims in Advertising and Marketing Code, Federal Chamber of Automotive Industries Motor Vehicle Code, Australian Food & Grocery Council Responsible Children’s Marketing Initiative and Quick Service Restaurant Industry Initiative, and the Weight Management Industry Code of Practice.
Knowledge Partner
Tower One – International Towers Sydney
Level 46, 100 Barangaroo Avenue
Sydney NSW 2000
AustraliaBaker McKenzie helps protect and enforce the copyrights of world-famous record labels, film and TV studios and maintain strong relationship with major international film, media and music associations.
We have a dedicated, Band 1 ranked Media and Content group in Australia. Our team includes partners and associates who have worked in-house at leading media organisations and have deep and longstanding experience in providing legal services in the media sector. Unlike many media practices which focus only on one or two areas of the media sector, our team is multidisciplinary, offering the full range of services required by participants in the media sector from high profile litigation and disputes matters, to commercial and transaction work, to cutting edge regulatory advice and guidance.
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Pay TVOCC TV
General
Overview of Regulation
- Pursuant to Prakas No. 083 issued on 2 February 2010 by the Ministry of Information (MOI), any advertising is subject to MOI permission.
- Advertising on OCC TV services is arguably subject to MOI permission, although this has not been tested to date.
Regulatory Bodies
- All types of advertisement are under the authority of the MOI.
- Arguably as for pay TV, although not tested to date.
Advertising per hour
- No regulations/restrictions exist.
Revenue Restrictions
- No regulations/restrictions exist.
Product Placement
- No regulations/restrictions exist.
Foreign Commercials
- No specific regulation of advertising in retransmitted foreign broadcasts.
- All suppliers of products and services must comply with MOI contract in respect of their advertising (see further, below) but enforcement against foreign advertisers is difficult in practice.
- No specific regulation of advertising in retransmitted foreign broadcasts.
Govt Levy
- No regulations/restrictions exist.
PSAs
- No regulations/restrictions exist.
Product Specific
Alcohol
- All ads shall end with a message urging restraint, such as “Drink Don’t Drive” or “Drink with Responsibility.”
Pharmaceutical
- Drugs and products making disease prevention claims may be advertised in the Kingdom of Cambodia provided that the drug has been reviewed or registered with the Ministry of Health.
Gambling
- Advertising generally prohibited.
- Advertising is prohibited unless special approval is obtained.
Claims
- All forms of commercial advertising shall be prohibited if they are deceitful, misleading, false, or likely to cause confusion on the quality and safety of products, goods, and services when they pertain to the following: product expectation; identity, type, nature, place of origin, physical or nutritional quality, contents, quantity, manufacturing methods, and date of production; expiry date, usage guidelines and terms; methods of sales, product availability, and price; other warranties.
What will be changing?
- Pursuant to Art. 28 of the Consumer Protection Law, the National Consumer Protection Committee has the competence to receive complaints and conduct investigation.
Food & Beverages
- No specific regulation.
Personal Hygiene / Sanitary (including Condoms)
- Advertisements require authorisation from both the MOI and the Ministry of Culture and Fine Arts.
Tobacco
- Advertisement is prohibited.
Children
- No specific regulations/restrictions exist.
Women
- No specific regulations/restrictions exist.
Property
- No specific regulations/restrictions exist.
Country-Specific Information
- All advertisers (the suppliers of the advertised goods or services) must sign a contract with the MOI which states that the advertiser will comply with the Law on the Press as well as relevant advertising regulations.
Useful Links:
Knowledge Partner
Tok Thavsothaly
Email: cambodia@bnglegal.com | ipr@bnglegal.com
Tel:
+855 12 763 616 | +1(562) 271-8896
+855 23 217 510 | +855 23 210 125 | +855 23 212 414
No.65B, Street 111,
Sangkat Boeung Prolit
Khan 7 Makara, Phnom Penh
CambodiaBNG Legal is one of the leading regional law firm with offices in Cambodia and Myanmar providing comprehensive legal services to foreign and local clients. Our legal professionals combine international standards with local expertise. Our firm has a strong international client’s base from all continents such as US, Europe, and Asia etc., along with both regional as well as international alliance. BNG assisted number of multinationals companies and business for doing business in Cambodia and other regions in Asia through its affiliation. We differentiate ourselves by coupling a deep understanding of the local business environment with international professionalism and integrity. Superior knowledge of local protocol, local procedure, and local people is necessary for any business to succeed. Conducting daily business in Cambodia and Myanmar, BNG Legal is up to date with the newest procedures and requirements, helping clients efficiently and successfully complete any project.
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Pay TVOCC TV
General
Overview of Regulation
- Advertising regulations in China generally operate based on the so-called “misleading” principle, where an advertisement is considered false if it misleads the customer into perceiving the product differently from the actual nature of the product and this ultimately harms competitors. Consequently, information flow is restricted in the sense that certain common advertising techniques such as comparative advertising are, with certain exceptions and constraints, generally acceptable provided, however, that non-disparaging requirements are met.
- Regulations for broadcast TV advertising set maximum advertising allotments per hour for on- and off-peak times, prescribe the minimum number of public service announcements during peak periods and set the maximum number of ad breaks in a TV series.
What will be changing?
- As part of the government’s overall effort to raise governance quality, advertising regulation is expected to become increasingly detailed and more precisely targeted, especially focusing on advertising in medical cosmetology, food, dietary supplements, education and training sectors.
- Advertising regulations in China generally operate based on the so-called “misleading” principle, where an advertisement is considered false if it misleads the customer into perceiving the product differently from the actual nature of the product and this ultimately harms competitors. Consequently, information flow is restricted in the sense that certain common advertising techniques such as comparative advertising are, with certain exceptions and constraints, generally acceptable provided, however, that non-disparaging requirements are met.
- Ads on the internet must not interfere with the normal use of the internet and “pop-out” ads must contain a close button.
- The regulations for broadcast TV and radio advertising apply specifically to traditional forms of TV, and therefore do not technically apply to OCC TV services.
- While the Advertising Law and relevant related regulations do not expressly state that they have extraterritorial application, they are broad enough, on a literal interpretation, to extend to ads made available in China by offshore entities. However, to date, we are not aware of any published enforcement actions against offshore entities under the Advertising Law or the relevant regulations.
What will be changing?
- As part of the government’s overall effort to raise governance quality, advertising regulation is expected to become increasingly detailed and more precisely targeted, especially focusing on advertising in medical cosmetology, food, dietary supplements, education and training sectors.
- The first comprehensive privacy law in China, the Personal Information Protection Law, is expected to be finalised in 2021. Drafts of the law reflect the importance attached by officials to protecting consumers’ privacy and concerns on data security (such as targeted advertising based on big data).
Regulatory Bodies
- The National Radio and Television Administration (NRTA) regulates television (replacing the SAPPRFT in 2018). (Art. 5 of the Administrative Measures for the Broadcasting of Radio and Television Advertisements (or NRTA Measures)
- The State Administration for Market Regulation (SAMR) regulates and supervises ads (subject to special industry regulation, where applicable). (Art.6 of the Advertising Law)
- Various government regulatory agencies exercise authority over OCC TV, including NRTA, the Ministry of Information and Technology (MIIT) and the Cybersecurity Administration of China (CAC).
- The SAMR regulates and supervises ads (subject to special industry regulation, where applicable).
Advertising per hour
- For commercial advertisements: 18 mins during the peak viewing period (7:00PM-9:00PM); 12 mins during all other hours. (Art.15 of the NRTA Measures)
- For public services advertisements: please refer to the “PSAs” section.
- In-program advertising is not allowed, so ads should be broadcast before or after programs. (Art.1 of the Supplementary Rules of the Administrative Measures for the Broadcasting of Radio and Television Advertisements)
- There are no restrictions on advertising frequency for OCC TV services.
Revenue Restrictions
- No published regulations/restrictions exist.
Product Placement
- Product placement is subject to the Advertising Law, under which an ad must be clearly recognisable as an advertisement. (Art.14 of the Advertising Law)
- The same principles set out in the Advertising Law for product placement apply.
- Under Interim Measures for Administration of Internet Advertising, internet ads must be distinguishable and clearly marked as “AD”. (Art. 7 of the Interim Measures for Administration of Internet Advertising (Internet Advertising Measures)) However, this is not specific legislation for product placement.
Foreign Commercials
- Generally, it should be Mandarin voiceover and simplified Chinese characters. (A5 of the Interim Provision on the Administration of Advertising Language)
- Foreign language can be used as a supplement to Chinese if necessary but Chinese will prevail.
- Generally, it should be Mandarin voiceover and simplified Chinese characters. (A5 of the Interim Provision on the Administration of Advertising Language)
- Foreign language can be used as a supplement to Chinese if necessary but Chinese will prevail.
Govt Levy
- No published regulations/restrictions exist.
PSAs
- Minimum 3% of commercial ad time daily. (Art. 16 of the NRTA Measures)
- Between 7:00PM-9:00PM, PSAs should collectively be screened more than 4 times.
- General obligation to publish PSAs. (Art. 3 of the Interim Measures for Promotion and Administration of Public Services Advertisements)
- Business-related websites should display PSAs every day in accordance with stipulated time and frequency requirements. Telecom operators should make use of mobile media and related businesses to display PSAs regularly. (Art. 9 of the Interim Measures for Promotion and Administration of Public Services Advertisements)
- However, these regulations are understood not to be strictly enforced in practice.
Product Specific
Alcohol
- Conditions apply. May not be screened on channels that target minors under 18. (A40 of the Advertising Law)
- Alcohol ads are limited to no more than 12 per day, and not more than 2 between 7:00PM-9:00PM. (Art. 25 of the NRTA Measures)
- Alcohol ads shall not induce or encourage drinking, or advertise excessive drinking, show the act of drinking, contain images of driving a car, boat or plane, or express or imply that drinking can relieve stress and anxiety and in turn increase strength. (Art.23 of the Advertising Law)
- May not be screened on public media that targets minors under 18.
- Alcohol ads shall not induce or encourage drinking, or advertise excessive drinking, show the act of drinking, contain images of driving a car, boat or plane, or express or imply that drinking can relieve stress and anxiety and in turn increase strength.
Pharmaceutical
- Pharmaceutical ads are subject to censorship before being released. (Art.2 of the Measures for Reviewing Advertisements on Medicine, Medical Devices, Nourishment and Formula Food for Special Medical Purpose (SAMR Measures))
- Non-prescription only (i.e., not drugs for malignant tumours, liver diseases, venereal diseases or for enhancing sexual functions); highly regulated. (Art. 9 of the NRTA Measures)
- Should be consistent with the drug instructions approved by the drug administration and contradictions and adverse reactions should be marked clearly. (A16 of the Advertising Law)
- Must not assert or guarantee the efficacy or safety, state the recovery rate, or compare with other drugs.
- Medical treatment and cosmetic products cannot be screened on channels that target minors under 18. (Art.40 of the Advertising Law)
- Pharmaceutical ads are subject to censorship before being released.
- Non-prescription only (i.e., not drugs for malignant tumours, liver diseases, venereal diseases or for enhancing sexual functions); highly regulated.
- Should be consistent with the drug instructions approved by the drug administration and contradictions and adverse reactions should be marked clearly.
- Must not assert or guarantee the efficacy or safety, state the recovery rate, or compare with other drugs.
- Medical treatment and cosmetic products cannot be screened on public media that targets minors under 18.
Gambling
- Prohibited, except for welfare lotteries and sports lotteries. (Art.12 of the NRTA Measures)
- Prohibited. (Art.9 of the Advertising Law)
Claims
- Claims made in ads must be true and accurate with their sources clearly indicated.
- Same as pay TV.
Food & Beverages
- Advertisers of formula food for special medical purposes must provide food registration/filing and production certificates issued by the relevant health administration. (Art. 14 of the SAMR Measures)
- Ads for “breast milk substitutes” are prohibited. (A20 of the Advertising Law)
- Ads for healthcare food are subject to censorship before being released. (Art. 2 of the SAMR Measures)
- Advertisers of formula food for special medical purposes must provide food registration/filing and production certificates issued by the relevant health administration.
- Ads for “breast milk substitutes” are prohibited.
- Ads for healthcare food are subject to censorship before being released.
Personal hygiene / Sanitary (including Condoms)
- Such ads may not be broadcast during “public dining time”, that is, from 6:30AM –7:30AM, 11:30 – 12:30PM, and 6:30PM – 8:00PM. (Art.24 of the NRTA Measures)
- No published restrictions apply to OCC TV.
Tobacco
- Prohibited. (Art.22 of the Advertising Law)
- Prohibited.
Children
- Restrictions apply: ads should not induce minors to commit bad behaviour or dangerous practices or to cultivate unsound values, and alcohol ads cannot target minors. Ads not suitable for minors may not be broadcast during primary and middle school vacation periods or time slots during which minors are the main audience or on channels or during programs that target minors. (Art.8 of the NRTA Measures)
- Television channels that target minors are prohibited from publishing any advertisement relating to medical treatment, medicine, nourishment, medical equipment, cosmetics, alcohol, beauty advertising and certain online games. (A40 of the Advertising Law)
- Any ad targeting minors under 14 years of age is prohibited from: (i) luring the minors to ask their parents to buy products or services; or (ii) including any unsafe act that might be initiated by the minors. (A40 of the Advertising Law)
- The advertiser may not use children under age 10 as spokespersons. (Art.38 of the Advertising Law)
- OCC TV programs that target minors are prohibited from publishing any ad relating to medical treatment, medicine, nourishment, medical equipment, cosmetics, alcohol, beauty advertising and certain online games.
- Any ad targeting minors under 14 years of age is prohibited from: (i) luring the minors to ask their parents to buy products or services; or (ii) including any unsafe act that might be initiated by the minors.
- The advertiser may not use children under age 10 as spokespersons.
Women
- No published regulations/restrictions exist.
Property
- Ads for real estate must be true, and the area of the house must be indicated as a construction area or a floor area for real use, and must not contain a promise of appreciation or investment returns, describe the project location by travel time between the project and a specific landmark, violate price control or contain a misleading promotion of municipal services. (Art.26 of the Advertising Law)
- Ads for real estate must be true, and the area of the house must be indicated as a construction area or a floor area for real use, and must not contain a promise of appreciation or investment returns, describe the project location indicated by travel time between the project and a specific landmark, violate price control or contain a misleading promotion of municipal services.
Country Specific Information
Useful Links:
Standing Committee of the NPC, “Advertising Law of the People’s Republic of China (2018)” (Chinese)
Knowledge Partner
www.linklaters.com/en/locations/mainland-china/zhao-sheng
Alex Roberts (Linklaters Zhao Sheng)
Tel: +86 21 2891 1842
29th Floor, Mirae Asset Tower
166 Lu Jia Zui Ring Road
Shanghai 200120Linklaters is a leading global law firm and has advised on significant deals in over 100 countries. In addition to serving clients from our 30 offices, our lawyers have expertise in key jurisdictions across Asia, Europe, the U.S., the Middle East and Africa. With more than 2,800 lawyers around the world, we provide market-leading advice across the full spectrum of legal specialities: our international reach and top-tier expertise in the core areas of corporate/M&A, capital markets, dispute resolution, banking and structured finance, TMT as well as financial regulation are unrivalled.
We desire to work with our clients to understand the issues they need solving and then look to provide solutions tailored to them. We encourage a culture of innovation and collaboration and are constantly looking to the future to offer the best possible service to our clients and the development of our people. We believe in doing things differently – unleashing our imagination to challenge the present and shape the future.
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Pay TVOCC TV
General
Overview of Regulation / Regulatory Bodies
- The Hong Kong Communications Authority (“CA”), a unified regulatory body for the broadcasting and telecommunications sectors, issued the Generic Code of Practice on TV Advertising Standards (the “TV Advertising Code”). Broadcast licensees are responsible for ensuring this code is observed.
General Principles
- The “domestic pay TV” category occupies a middle-ground between “domestic free” and “non-domestic” TV categories in terms of the stringency of advertising regulations.
- There is no specific regulatory regime for advertising on OCC TV, which is not subject to regulation under the Broadcasting Ordinance or other relevant legislation.
Regulatory Bodies
- The CA is the statutory body that administers the TV Advertising Code.
None.
Advertising per hour
No restrictions for pay TV.
None.
Revenue Restrictions
No regulations/restrictions exist.
None.
Product Placement
Regulations generally contained under the TV Advertising Code and the Frequently Asked Questions (FAQs) on Indirect Advertising and Product Placement:
- The exposure or use of products within a program should be presented in a natural and unobtrusive manner having regard to the program’s context and genre.
- For example, no lingering or frequent close-up shots of the product’s brand or trademark.
- The direct encouragement of purchase or use of the product is not allowed.
- A “hard-sell” approach is generally unacceptable. For example, referring to the products by frequent use of favourable or superlative language, including explicit and prominent remarks that the products should be purchased, owned or used, or repeatedly mentioning the price, retail outlets and availability of the products.
- Product placement is not allowed in the following programs:
- Children’s programs
- Educational programs
- News programs
- Religious service or other devotional programs
- Product placement is not allowed for products that are found to be unacceptable for advertising under the TV Advertising Code (e.g. firearms and associated equipment).
- Identification and notification requirements
- Sponsor for product must be clearly identified in the front and/or end sponsor credits of the program.
- An announcement containing the wording “The following program contains indirect advertising” must be made to clearly inform viewers of the inclusion of product placement in the program before the program starts
- Same requirements apply to both local and foreign products.
None.
Foreign Commercials
Must comply with local laws and codes of practice.
None.
Govt Levy
No regulations/restrictions exist.
None.
PSAs
To be imposed by the CA in the licensee’s specific licence terms.
None.
Product Specific
Alcohol
Generally speaking, such advertisements should not encourage immoderate drinking, misuse or abuse of alcohol, portray alcohol as essential to relaxation, or encourage or challenge non-drinkers or minors (i.e. persons under the age of 18) to drink.
Set out below are some of the conditions specific to alcohol advertising:
- Only adults should be targeted and no children or adolescents should be allowed to be used in the presentation of such advertisements.
- Such advertisements must not be shown in proximity to children’s programs or programs that, in the opinion of the CA, target minors.
- Alcoholic liquor must not be presented as prizes or gifts in isolation for broadcast content (e.g. TV contests).
- Alcoholic products should not be advertised as similar to or equated with non-alcoholic products (e.g. soft drinks, fruit drinks etc.) which have particular appeal to children or minors.
- Selection of artists in alcoholic beverage advertisements should avoid featuring any personality who appears regularly in children TV programs or who has a particular appeal to children or minors.
- Drinks containing between 0.5%-1.2% ethyl alcohol by volume, whether or not presented as a low or no alcohol version of an alcoholic liquor, must not be advertised in or adjacent to children’s programs.
None.
Pharmaceutical
Pharmaceutical or medical-related advertisements are highly regulated under the TV Advertising Code. The imposed regulations include the following:
- All medical advertisements must conform to the laws of Hong Kong, including without limitation the Undesirable Medical Advertisements Ordinance (Cap. 231).
- Advertisements for medical preparations which are included in Part I of the Schedule to the Poisons List Regulations (Cap.138B) or Schedule 1 to the Antibiotics Regulations (Cap.137A) are not acceptable.
- Advertisements for certain medical-related products or services are prohibited (e.g. pregnancy testing services, clinical laboratory testing services, procuration of miscarriage or abortion, etc.).
- Patients cannot be shown receiving treatment or under the influence of a drug or hypnotism. The appearance of a patient implying or testifying to the cure of any condition is not acceptable.
As per the Public Health and Municipal Services Ordinance (Cap. 132), advertisements cannot contain any drug that has been adversely affected in its quality, constitution or potency by means of adding a substance to, or abstracting any constituent from, that drug.
Advertisements published on the internet are also subject to regulation under the Undesirable Medical Advertisements Ordinance and the Public Health and Municipal Services Ordinance.
The Department of Health conducts regular checks on the market (including the internet) and will take follow-up action in accordance with the law if any suspected violation of the Ordinance is found. Technically, rules would apply to offshore services accessible by Hong Kong audiences, but enforcement against such services would likely be difficult.
Gambling
Under the Gambling Ordinance (Cap. 148), advertisements that promote or facilitate bookmaking and betting-related services are prohibited. It is also illegal to advertise offshore bookmaking in Hong Kong.
An exception to these restrictions is where such activities are authorised under the Betting Duty Ordinance (Cap. 108) in relation to horse racing or football betting publications and related matters. Currently such authorizations have been granted only to the Hong Kong Jockey Club.
Where authorised under the Betting Duty Ordinance, any advertisement for lotteries are subject to specific restrictions. For example, it may not be broadcast on TV during certain hours of the day and it may not contain certain elements such as targeting juveniles, exaggerating the likelihood of winning, or suggesting that betting is a source of income or a viable way to overcome financial difficulties.
Under the Gambling Ordinance, advertisements to promote or facilitate bookmaking and betting-related services are prohibited. Technically, rules would apply to offshore services accessible by Hong Kong audiences, but enforcement against such services would likely be difficult.
Claims
The TV Advertising Code imposes restrictions on the making of claims in advertisements. For example:
- Best-selling and factual claims (e.g. “the best”, “safest”, “quickest”, etc.) must be capable of substantiation by independently audited sales figures or industry recognised or endorsed sample surveys.
- In addition, superlatives such as “most popular”, “most preferred’, “most favoured”, etc., when used to clearly suggest a leading sales position, must be subject to the same standards of independent substantiation concerning best-selling claims.
- Best-selling claims must also contain adequate and explicit specification of the category of brand leadership, country, and the time period it covers.
- Advertisements should not contain any claims that have the effect of disparaging competitors, competing products or services or other industries, professions, or institutions.
- Claims relating to nutrition or dietary effects of products or services should comply with certain rules (e.g. claims of effects or treatment for conditions of health for which qualified medical attention or advice should reasonably be sought are not acceptable).
Under the Trade Descriptions Ordinance (Cap. 362), all claims regarding a product’s trade description (e.g. price, place of origin, availability, whether brand new or pre-owned, etc.) must be justifiably correct and capable of substantiation.
Under the Undesirable Medical Advertisements Ordinance (Cap. 231), advertisements containing claims regarding certain orally consumed products (e.g. regulation of body sugar or glucose, regulation of blood pressure, regulation of cholesterol, etc.) are prohibited, subject to some exceptions.
The restrictions under the Trade Descriptions Ordinance and the Undesirable Medical Advertisements Ordinance are also equally applicable to advertising through OCC TV services.
Food & Beverages
Under the Public Health and Municipal Services Ordinance, a person who publishes an advertisement that falsely describes any food, or is likely to be misleading as to its nature, substance or quality, may be guilty of an offence and liable on conviction to a fine and imprisonment.
Under the TV Advertising Code, specific claims for the nutritional value of food must be supported by sound scientific evidence and must not give a misleading impression of the nutritional or health benefits of the food as a whole.
Advertisements published on the internet are also subject to the Public Health and Municipal Services Ordinance.
Personal hygiene / Sanitary (including Condoms)
Under the TV Advertising Code, depiction of such products must not be overly graphic or likely to cause offence or embarrassment to viewers. Condom ads must be purely factual and not give the impression that the condom product can provide full protection against transmission of AIDS.
None.
Tobacco
Under the Smoking (Public Health) Ordinance (Cap. 371), all “tobacco advertisements” (i.e. any advertisement containing any express or implied inducement, suggestion or request to purchase or smoke cigarettes or promote or encourage the use of tobacco products) are prohibited.
Under the TV Advertising Code, any advertisements for tobacco-related products such as cigarette holders, tobacco filters and other smoking accessories (that are not prohibited under the Smoking (Public Health) Ordinance) should only target adults, have no children or adolescents participate in the presentation of such advertisements, and not be shown in proximity to children’s programs, or in the opinion of the CA, target minors. The presentation of tobacco products as prizes or gifts for TV contests is also not permitted.
Tobacco-related advertisements published on the internet are similarly prohibited under the Smoking (Public Health) Ordinance. Technically, these rules would apply to offshore services accessible by Hong Kong audiences, but enforcement against such services would likely be difficult.
Children
Under the TV Advertising Code, children in ads must be portrayed as contributing to safety, practicing good manners and behaviour, and cannot appear in ads for alcoholic and tobacco-related products.
Publishing and publicly displaying indecent and obscene content is regulated by the Control of Obscene and Indecent Articles Ordinance (Cap. 390) (“COIAO“). Under the COIAO, an article (i.e. anything consisting of or containing material to be read or looked at, which would include online content):
- is considered indecent if it is unsuitable to be published to an individual under 18 years old by reason of indecency (classified as a Class II article), and cannot be distributed, circulated, sold, hired, given or shown to anyone under the age of 18 and must include a statutory warning notice; or
- is considered obscene if it is unsuitable to be published to any person (regardless of age) by reason of obscenity (classified as a Class III article), and shall be prohibited from being distributed, circulated, sold, hired, given or shown to anyone.
“Indecency” and “obscenity” is broadly defined to include violence, depravity and repulsiveness. “Publish” is also broadly defined to include anyone who “distributes, circulates, sells, hires, gives or lends the article to the public or a section of the public”, whether or not in return for gain.
The Obscene Articles Tribunal (“OAT“) is ultimately responsible for determining whether or not an article is either indecent or obscene.
The COIAO would apply to OCC TV.
Women
No specific rules.
None.
Property
Under the TV Advertising Code, no advertisement offering for sale or let any flat, shop, office or other unit of accommodation in Hong Kong should be accepted:
- in respect of a completed building, unless the advertiser is able to substantiate that any such proposal does not constitute any breach of the conditions relating to such sale or letting imposed in the government’s lease conditions affecting the land on which such completed building stands; or
- in respect of an uncompleted building, unless the prior consent of relevant government authority such as the Director of Lands has been sought; or unless the developer can produce evidence that his solicitor has deposited a statutory declaration under Rule 5C(3) of the Solicitors Practice Rules
As for any descriptions, demonstrations and claims of a specific nature regarding the property, the broadcasting licensee must ascertain that they have been adequately substantiated by the advertisers. In particular:
- the advertisement should not misrepresent the location, size and value of the property and the available transport facilities;
- the lowest selling price must be stated as such and should not give viewers the impression that it is the average price;
- a price being offered to local purchasers only should be stated as such and should not give an impression that it is also being offered to overseas purchasers, if there is a significant difference in the prices; and
- any furniture, home appliances and the likes shall not be presented as “free gifts” unless they will be provided at no extra cost to the recipient. The licensee needs to obtain a statement to this effect from the advertiser.
What will be changing?
On 23 June 2020, the CA issued a Public Consultation on the Relaxation of TV and Radio Codes of Practice. The CA is considering introducing amendments to the TV and Radio Codes of Practice on Programme and Advertising Standards, including the substantiation requirements for real property advertising under the TV Advertising Code.
None.
Country-Specific Information
For a “light-touch” government, Hong Kong has a surprising array of advertising restrictions.
- Financial and investment services: Licensees must ensure advertisements comply with all Hong Kong ordinances. Controls on the advertising of solicitation of investment opportunities are controlled by the Securities and Futures Commission (“SFC”). Equally, controls on the advertising of investment opportunities by authorised institutions such as licensed banks are controlled by the Hong Kong Monetary Authority (“HKMA”), which coordinates its regulatory functions with those of the SFC in respect of the compulsory registration and licensing with the SFC of all authorised financial institutions under the general control of the HKMA.
- Triads: There are restrictions on the depiction of triads in the Generic Code of Practice on TV Programme Standards.
- Other prohibitions under the TV Advertising Code:
- Advertisements relating to firearms and associated equipment, fortune tellers, establishments providing adult entertainment (e.g. dance halls, night clubs, saunas, bath houses), escort services and chat lines, among others, are not allowed.
- Ads must not be inserted in the course of religious services, or other devotional programs.
- Various medical services may not be advertised, including smoking cessation (except nicotine replacement therapy products subject to restrictions), hair/scalp disease treatments, pregnancy testing, other lab testing, relief from drug/alcohol addiction, and cosmetic surgery and weight reduction involving use of medical preparations, and procuration of miscarriage or abortion.
What will be changing?
On 23 June 2020, the CA issued a Public Consultation on the Relaxation of TV and Radio Codes of Practice. The CA is considering introducing amendments to the TV and Radio Codes of Practice on Programme and Advertising Standards, in relation to:
- The substantiation requirements for real property advertising under the TV Advertising Code;
- Inserting advertising material into sports and live events programs under the TV Advertising Code; and
- Broadcasting hours for mature programs under the Generic Code of Practice on TV Programme Standards.
Useful Links:
The Generic Code of Practice on TV Advertising Standards
Frequently Asked Questions (FAQs) on Indirect Advertising and Product Placement
Technically, the restrictions listed on the left (except for the Code of Practice on TV Programme Standards and the TV Advertising Code) would apply to advertising on OCC TV services, including those operated by offshore entities accessible by Hong Kong audiences, but enforcement against such services would likely be difficult.
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Pay TVOCC TV
General
Overview of Regulation
There is no single agency or uniform legislation regulating the advertising industry in India. The Advertising Standards Council of India (ASCI) is the relevant self-regulatory player in the advertisement space. The ASCI Code for Self-Regulation in Advertising (ASCI Code), to be adhered to by member organizations to protect the interests of the consumer, is based on the following guiding principles:
- The advertisements should constitute honest representations to consumers and competitors.
- The advertisements should be non-offensive to the general public and conform to the generally accepted standards of decency and propriety.
- The advertisements should not prove hazardous or harmful to society or to individuals, particularly minors.
- The advertisements should not constitute unfairness in competition, or plagiarism.
The ASCI Code has been recognized under various Indian legislations and documents including the Cable Television Networks (Regulation) Act, 1995 (CTN Act), The Cable Television Networks Rules, 1994 (CTN Rules), Press Council of India’s Norms of Journalistic Conduct, 2010 and the Indian Broadcasting Foundation’s Self-Regulatory Guidelines for non-news & current affairs programs etc.
The CTN Act provides that only advertisements in conformity with the “prescribed advertisement code” can be transmitted or re-transmitted through a cable service (Section 6).
Rule 6 (the Programme Code) and Rule 7 (the Advertising Code) of the CTN Rules, broadly prohibit any such advertisements on cable services that inter alia:
- deride any race, caste, colour, creed, or nationality
- are against any provision of the Constitution of India
- tend to incite people to crime, cause disorder or violence or breach of law, or glorifies violence or obscenity in any way, or presents criminality as desirable
- exploits the national emblem, or any part of the Constitution or the person or personality of a national leader or a State dignitary
- projects a derogatory image of women
- exploits social evils like dowry, child marriage
- are not in conformity with the ASCI Code.
Additionally, the Reserve Bank of India, the Securities and Exchange Commission of India, and the Insurance Regulatory and Development Authority of India also regulate advertisements in their respective sectors. Similarly, in addition to the guidelines under the ASCI Code, Doordarshan and All India Radio (AIR) adhere to the Doordarshan and AIR Advertisement Code, respectively, formulated under the Prasar Bharati (Broadcasting Corporation of India) Act, 1990.
Under the Consumer Protection Act, 2019, the endorser of a good or service can be held accountable for their participation in a misleading advertisement which is prejudicial to the interest of any consumer or is in contravention of consumer rights.
What will be changing?
The MIB has sought stakeholders’ comments on the draft Cable TV Networks (Regulation) Amendment Bill, 2020, which inter alia
- introduces penalties for the violation of the Programme Code and Advertisement Code
- provides right of way to cable operators providing broadband internet access on property under the control of public authorities
- adds and updates laws which apply in addition to the CTN Act including inter alia the Food Safety and Standards Act, The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Products, Supply and Distribution) Act; the Indian Telegraph Act and the Information Technology Act.
The provisions inter alia the Indian Penal Code, 1860, the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 and all product specific regulations set out below for Pay TV apply equally to the advertisements in the OCC TV space.
The Indian Penal Code prevents publication of any content which is inter alia defamatory, infringing, obscene or otherwise illegal under the laws of India.
The intermediary guidelines inter alia prohibit publication of any content which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
While ASCI compliance is optional, the ASCI Consumer Complaint form provides an option to the consumer to lodge a complaint against an advertisement viewed online or on a website.
In 2019, the Internet and Mobile Association of India (IAMAI) released the Code of Best Practices for Online Curated Content Providers to self-regulate the content therein. Almost all major players in India are signatories to this Code, which currently has no carve out for advertising. The IAMAI seeks to become akin to the BCCC in the regulation of content on OCC TV.
Meanwhile, the MIB in late 2019 had suggested the issuance of a negative list of don’ts for OCCs and asked for sectoral regulation of the OCC space by a self-regulatory body.
Regulatory Bodies
There is no single regulator, or any uniform legislation that deals with advertisements. The following all regulate advertisements:
- The Ministry of Information and Broadcasting (MIB), as per the extant provisions of the CTN Act and CTN Rules.
- ASCI and ASCI’s Consumer Complaints Council (CCC) report any noncompliant television advertisements to the MIB.
- The Broadcasting Content Complaints Council (BCCC) set up by the Indian Broadcasting Foundation (IBF), an organization of television broadcasters regulates advertisements by member channels. The complaints received against a channel which is not a member of IBF, are forwarded to MIB for appropriate action.
- The Electronic Media Monitoring Centre established by the MIB to monitor the content of various FM and TV channels beaming over Indian territory for any violation of the Programme Code, the ASCI Code, and provisions of the CTN Act.
The Central Authority under the Consumer Protection Act, 2019 ensures that no false or misleading advertisement is made of any goods or services which contravenes the provisions of the Act or the rules or regulations made thereunder (Section 18(1)).
There are no regulatory bodies specifically governing OCC advertisements.
Advertising per hour
Per the CTN Rules, no program can carry advertisements exceeding 12 minutes per hour, including up to 10 minutes per hour of commercial advertisements, and up to 2 minutes per hour of a channel’s self-promotional programs (Rule 7(11)).
TRAI notified the Standards of Quality of Service (Duration of Advertisements in Television Channels) Regulations, 2012, to ensure service quality and protect consumer interests. While re-instating the 12 minutes per hour requirement under the CTN Rules, TRAI also mandated:
- in case of live broadcast of a sporting event, the advertisements shall be carried only during the breaks in the sporting action.
- the time gap between the end of one advertisement session and the commencement of the next advertisement session shall not be less than 15 minutes. However, in case of broadcast of a movie the time gap between the end of one advertisement session and the commencement of the next advertisement session shall not be less than 30 minutes. Lastly, this condition does not apply in the case of live broadcast of any sporting event.
A 2013 Amendment to the Regulations further mandated that the broadcasters are required to report the duration of advertisements carries on their channels to the TRAI on a quarterly basis.
What will be changing?
See above section “Overview of Regulation.”
There is no rule or restriction on the rate of advertisements on OCC TV.
Revenue Restrictions
No restrictions on advertising revenue.
Product Placement
No regulations for product placement.
Foreign Commercials
While there are no specific regulations to this effect, foreign commercials must adhere to the same standards established for domestic advertisements.
No regulations on foreign commercials.
Govt Levy
Under the Goods and Services Act, 2017, GST at the rate of 18% is applicable on technical services including:
- placement of advertisements in media
- sale or leasing of advertising time or space
- sale of TV and radio advertising time
- sale of advertising space in video and motion pictures
Commission of any advertising agents assisting in any of the aforementioned activities, is not included in the rate above, and is chargeable at a separate rate of 18%.
There are no provisions for taxation of advertising over OCC platforms per se. However:
Under the Goods and Services Act, 2017, GST at the rate of 18% is applicable on technical services including:
- placement of advertisements in media
- sale or leasing of advertising time or space
- sale of Internet advertising space
- sale of advertising space in video and motion pictures
Commission of any advertising agents assisting in any of the aforementioned activities, is not included in the rate above, and is chargeable at a separate rate of 18%.
Per Section 164 (i) read with Section 165 of the Finance Act, 2016, the consideration payable by a person resident in India to a non-resident towards the provision of ‘specified services’, meaning online advertisement, provision for digital advertising space or any other facility or service for the purpose of online advertisement, or any other service as may be notified by the Central Government, shall be subject to an ‘equitable levy’, unless:
- the non-resident provider of the specific service has a permanent establishment in India and is providing such specified service in connection with such an establishment; and/ or
- the aggregate consideration for the specified service does not exceed one lakh rupees; or
- where the payment for the specified service is not for the purpose of carrying out business or profession.
Such levy is to be deducted at the source before remittance of the consideration.
PSAs
- There are no specific regulations for PSAs. However, for any film which has scenes with alcohol and/or tobacco consumption, statutory warnings against them must be displayed.
- N/A
Product Specific
Alcohol
Any advertisement which directly or indirectly promotes the production, sale or consumption of alcohol is prohibited as per Rule 7(1)(viii) of the CTN Rules, Clause 2(viii) of the Revised Code for Commercial Advertising on Doordarshan and Clause 36(ii) of the Norms for Journalistic Conduct.
As per Rule 7(1)(viii) of the CTN Rules, a product which uses the same brand name or logo as used for alcohol can only be advertised if:
- It only showcases the product and does not advertise alcohol in any manner.
- It does not make any direct or indirect references to alcohol. The advertisement should not promote alcohol even through nuances or phrases.
- It does not utilise situations, colours, layout or presentations which are generally associated with alcohol.
Additionally, the proposed advertisement must be submitted to the MIB along with a certificate from a registered Chartered Accountant declaring that the product will be distributed in a reasonable quantity. It should certify that it will be available in a substantial number of outlets where other products of the same category are sold. Further, the proposed expenditure on the said advertising must not be inconsistent with the actual sales turnover of the product.
Presently there are no regulations specifically on advertising alcohol on OCC TV.
Pharmaceutical
The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (Drugs and Magic Remedies Act) regulates advertisements of pharmaceuticals. Under Section 3(d) of the Drugs and Magic Remedies Act, advertisements are prohibited for drugs that can lead to:
- Miscarriage or prevention of conception in women;
- Maintenance or improvement of the capacity of human beings for sexual pleasure;
- Correction of menstrual disorder in women; or,
- Diagnosis, cure, mitigation, treatment or prevention of diseases such as fever, blood poisoning, diabetes, epilepsy, goitre, leprosy, pneumonia, and other diseases specified in the Schedule to the Drugs and Magic Remedies Act.
Advertisements are also prohibited under Section 4 of the Drugs and Magic Remedies Act if they:
- Give a false impression regarding the true nature of a drug;
- Make a false claim for a drug; or,
- Are otherwise false or misleading in any manner.
Section 5 of the Drugs and Magic Remedies Act prohibits persons carrying on the profession of administering magic remedies from advertising any magic remedy which claims to be efficacious for the above purposes.
The regulations set out in the corresponding column for pay TV are not limited to pay TV and apply equally to the internet medium.
Gambling
The Public Gambling Act, 1867 a central act prohibiting all gambling activities barring games of skill has been adopted by most states in India, while other states have enacted their own legislation to regulate betting and gambling activities. The Indian Penal Code, 1860 prohibits advertisements of a lottery otherwise than in accordance with the Lotteries (Regulation) Act (Section 294-A). Further, the Prize Competitions Act, 1955 prohibits the advertisement of unauthorized prize competitions.
Per the ASCI Code, advertisements in breach of the law or that (directly or indirectly) propagate products that are banned under law are prohibited, and therefore barring a few states, there are no advertisements for gambling on pay TV in India. Further, self-regulatory industry associations, such as the All India Gaming Federation and the Indian Federation of Sports Gaming have prescribed requirements including provisions to regulate the content, duration and targeted audience of gaming advertisements.
In addition to the ASCI Code, the ASCI Guidelines for Online Gaming for Real Money Winnings apply to advertisements for online games which require the consumers to put up money for a possibility of cash or equivalent winnings. The Guidelines set out that:
- the advertisement may not depict a person under 18 years old, a person who appears to be under 18 years old, or otherwise suggest that a person under 18 years of age can play online games for real money winnings;
- the advertisement must carry the disclaimer “This game involves an element of financial risk and may be addictive. Please play responsibly and at your own risk.” For print or static advertisements, the disclaimer should occupy at least 20% of the advertisement space and should specifically meet the disclaimer guidelines set out at Rule 4 (i), (ii), (iv), and (viii) of the ASCI code and for audio/video advertisements, the disclaimer must be placed in normal speaking pace at the end of the advertisement in the same language as the advertisement; and
- the advertisement should not indicate that online gaming for real money winnings is an income opportunity, an option for alternative employment, or otherwise suggest that a person engaged in such gaming is in any way more successful as compared to others.
The Information Technology (Intermediaries Guidelines) Rules, 2011 notified under the Information Technology Act, 2000 require intermediaries to inter alia inform the users of the bandwidth not to host, display, upload, modify, publish, transmit, update or share any information that is relating to or encouraging gambling, or contains obscene content etc. or is otherwise unlawful in any manner whatever.
The Sikkim Online Gaming (Regulation) Act, 2008 allows for online gambling in certain games within the Sikkim intranet under a formal license. The Sikkim Online Gaming Regulation Rules, 2009 allow the licensees to advertise online games, provided that the games must inter alia:
- include the address of the online gaming operator’s website, which must include certain prescribed information
- not be indecent or offensive
- be based on facts
- not be directed at any person under the age of 18
- not be directed at any jurisdiction in which online games are prohibited
The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, 2016 permits a licensee to earn revenue from ‘games of skill’ (i.e. a game not amounting to ‘gambling’, which is illegal) by means of advertising, in Nagaland.
The ASCI Guidelines for Online Gaming for Real Money Winnings also apply to OCC TV.
What will be changing?
The Law Commission of India released a report on the Legal Framework of Gambling and Sports Betting in July 2018 which provides for inter alia regulation of online advertising content, and displaying risks associated with gambling on all operator websites.
Claims
The Advertising Code stipulates that all advertisements should conform to the relevant laws of the country, the product or service advertised should not suffer from any defect or deficiency as mentioned in the Consumer Protection Act, 1986 and should not contain references which are likely to lead the public to infer that the product advertised or any of its ingredients has some special, supernatural, or miraculous property or quality which is difficult to prove.
The ASCI Code requires advertisements to not distort facts or mislead the consumer by means of implications or omissions (Preamble: Chapter 1) and sets out Guidelines for Disclaimers made in supporting, limiting or explaining claims made in Advertisements (Chapter 3). These include inter alia that a disclaimer:
- shall clarify or qualify a claim but cannot contradict the main message conveyed by the advertiser as perceived by a consumer.
- shall not hide material information to make the advertisement deceptive or conceal its commercial intent.
- should not attempt to correct a misleading claim made in an Advertisement.
- shall be in the same font, size, language, and of the same visibility and legibility as the claim of the Advertisement.
- shall be of such comprehension and duration as may be easily understood
The ASCI Code further provides the validity period of claiming a product or service as new and improved to be 1 year from the time the new or improved product/service has been launched/introduced in the market.
The Consumer Protection Act, 2019 provides the practice of making any claims falsely representing that the goods/services are of a particular standard, quality, quantity, grade, composition style or model etc. falls under unfair trade practices. (Section 2(47)). The Central Authority may direct the advertiser of a false or misleading advertisement to discontinue such advertisement or to modify the same in a specified manner (Section 21(1)). Further, the Department of Consumer Affairs launched the Grievances Against Misleading Advertisements (GAMA) Portal in 2015 to register complaints against misleading advertisements.
Some other legislations that contain specific provisions relating to advertising claims include inter alia:
- The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
- Securities and Exchange Board of India (Disclosure and Investor Protection) Guidelines, 2000
- The Bureau of Indian Standards Act, 1986 and The Bureau of Indian Standards (Certification) Regulations, 1988
- The Drugs and Cosmetics Act, 1940
- The Food Safety and Standards Act (FSS Act), 2006 (see below)
- The Infant Milk Substitute, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992
- The IRDA (Insurance Advertisements and Disclosure) Regulations, 2000 and the IRDA Guidelines on Distance Marketing of Insurance Products, 2011
- The Pharmacy Act, 1948
- The Sales of Goods Act, 1930
The regulations set out in the corresponding column for pay TV, with the exception of the ASCI Code (compliance to which is optional for OCC players), are not limited to pay TV and apply equally to the internet medium.
Food & Beverages
The Food Safety and Standards Authority of India regulates the advertising of food and beverages in India. The FSS Act provides that no advertisement of any food product can be misleading or deceiving or inter alia falsely describe any food; be such as to mislead as to the nature or substance or quality of any food; or give a false guarantee.
The Food Safety and Standards (Packaging And Labelling) Regulations, 2011, mandate that every advertisement for a food article which contains an addition, admixture or deficiency, must specify the nature and quantity of the same; and no advertisement shall make any proclamations as to the purity of a food article. The said Regulations also set out requirements in respect of specific food articles and mandate that the symbol indicating whether a food article is vegetarian or non-vegetarian be displayed prominently in advertisements (Regulation 3.4).
It is mandatory under the Food Safety and Standards (Advertising and Claims) Regulations, 2018, that the claims made by every food business operator and marketer in respect of the food articles in an advertisement inter alia:
- are truthful, meaningful, not misleading, not deceptive, do not make false implications and help consumers to comprehend the information
- are scientifically substantiated by validated methods of characterising or quantifying the ingredient or substance, if the benefit of the claim is dependent on any such ingredient or substance
- if in respect of a trade mark, brand name, or fancy name containing adjectives like “natural”, “fresh”, “pure”, “original”, “traditional”, “authentic”, “genuine”, “real”, etc., the advertisement shall be accompanied by a disclaimer in not less than 3mm size shall be given at appropriate place on the label stating that “This is only a brand name or trade mark and does not represent its true nature”.
- if accompanied by a disclaimer, the disclaimer shall be conspicuous and legible
- shall not be promoted or portrayed as a meal replacement unless otherwise specifically permitted as a meal replacement under any other Regulations made under FSS Act
- shall be consistent with information on the label of the food or beverage
Under Regulation 10, advertisers are prohibited from making claims inter alia:
- which refer to the suitability of the food for use in prevention, alleviation, treatment or cure of a disease, disorder or particular physiological condition unless specifically permitted under any other regulations made under FSS Act
- the label of any package containing food for sale should not contain the words “recommended by the medical or nutrition or health professionals” or words on the packaging that suggest or imply that the food is recommended, prescribed, or approved by medical practitioners, or approved for medical purpose
- that the product has “added nutrients”, if such nutrients have been added merely to compensate the nutrients lost or removed during processing of the food;
- such that they give rise to doubt or suspicion about the safety of similar food or which may arouse fear in respect of the same
- with respect to health if such food contains nutrients or constituents in quantity that increase the risk of disease or an adverse health-related condition
- for food articles by any food business operator that undermines the products of any other manufacturer for the purpose of promoting their products or influencing consumer behaviour.
Under the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, advertisements for infant milk substitutes, feeding bottles, and infant food, as well as for the distribution or marketing of the same, are prohibited. However, educational and other material advertising or promoting infant milk substitutes, feeding bottles, and infant foods, shall include clear information on the benefits, superiority of breast milk and the consequences of using infant breast milk substitutes instead.
Guidelines to this effect are also prescribed under the ASCI Code.
There are no separate guidelines for advertisements with respect to food and beverages on OCC Platforms, and the regulations set out in the corresponding column for pay TV apply equally to the internet medium.
Personal hygiene / Sanitary (including Condoms)
The MIB vide Advisory dated 11 December 2017 prohibited broadcasts of advertisements of condoms which may be inappropriate for viewing by children between 6 AM to 10 PM in compliance with Rules 7(7) and 7(8) of the CTN Act and CTN Rules. The MIB later issued a clarification stating that advertisements for condoms that are merely informative, and do not objectify women, or are otherwise sexually explicit can be aired at all times.
There are no product specific restrictions on advertisements for other personal hygiene and sanitary products.
There are no restrictions on advertising of personal hygiene and sanitary products (including condoms) on OCC TV.
Tobacco
Any advertisement which directly or indirectly promotes the production, sale or consumption of tobacco is prohibited as per Rule 7(1)(viii) of the CTN Rules, Clause 2(viii) of the Revised Code for Commercial Advertising on Doordarshan and Clause 36(ii) of the Norms for Journalistic Conducts.
As per Rule 7(1)(viii) of the CTN Rules, a product which uses the same brand name or logo as used for tobacco can only be advertised if:
- It only showcases the product and does not advertise tobacco in any manner.
- It does not make any direct or indirect references to tobacco. The advertisement should not promote tobacco even through nuances or phrases.
- It does not utilise situations, colours, layout or presentations which are generally associated with tobacco.
Additionally, the proposed advertisement must be submitted to the MIB along with a certificate from a registered Chartered Accountant certifying that the product will be distributed in a reasonable quantity. Further, it should certify that it will be available in a substantial number of outlets where other products of the same category are sold. The proposed expenditure on such advertising must not be inconsistent with the actual sales turnover of the product advertised.
The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA) further places a prohibition on all tobacco related advertising through any medium. As per Section 5 of COTPA, advertisements cannot directly or indirectly suggest or promote the use or consumption of cigarettes or any other tobacco products.
As per Section 5 of COTPA, advertisements cannot directly or indirectly suggest or promote the use or consumption of cigarettes or any other tobacco products.
Children
The ASCI Code prescribes that advertisements should not:
- if directed at children, contain any content by way of illustration or otherwise which might result in their physical, mental or moral harm or which exploits their vulnerability
- present criminality as desirable, or directly or indirectly encourage people – particularly children -to emulate it or conveys the modus operandi of any crime
- encourage children to enter strange places or to converse with strangers in an effort to collect coupons, wrappers, labels or the like
- feature any dangerous or hazardous act which is likely to encourage children to imitate such acts in a manner which could cause harm or injury
- show children using or playing with matches, inflammable or explosive substance, or playing with or using sharp knives, guns or mechanical or electrical appliances, careless use of which could lead to their suffering cuts, burns, shocks or other injury
- feature children for tobacco or alcohol-based products.
The National Commission for Protection of Child Rights published the Guidelines to Regulate Child Participation in TV Serials, Reality Shows and Advertisements, 2010-2011 which lays down the guidelines for conduct of the organization, production and broadcaster of material involving children (less than 18 years of age), to ensure the best interests of the child and avoid economic exploitation, interference with the child’s right to education, or acts that may be harmful to a child’s physical and/ or mental health.
There are no separate guidelines for advertisements with respect to children on OCC Platforms, and the regulations set out in the corresponding column for pay TV apply equally to the internet medium.
Women
The Indecent Representation of Women (Prohibition) Act, 1986, prohibits indecent representation of women through advertisements including depicting women in a derogatory or denigrating manner, or if the advertisement is likely to deprave, corrupt or injure public morality.
Under Section 3(d) of the Drugs and Magic Remedies Act, advertisements are prohibited for drugs that can lead to:
- Miscarriage or prevention of conception in women
- Correction of menstrual disorder in women
The regulations set out in the corresponding column for pay TV are not limited to pay TV and apply equally to the internet medium.
Property
The Real Estate (Regulation and Development) Act, 2016 (RERA) prohibits advertisement of any property by the promotor of a real estate project in any planning area, without registering such project with the Real Estate Regulatory Authority. (Section 3(1) read with Section 2(b))
The advertisement issued by the promoter should prominently mention details of the website address of the Real Estate Regulatory Authority where all details of the registered project have been entered and include the registration number obtained from the Authority and such other matters incidental thereto. (Section 11(2)).
The regulations set out in the corresponding column for pay TV, are not limited to pay TV and apply equally to the internet medium. Section 2(b) of RERA defines advertisement as advertisement through “any medium.”
Country-Specific Information
The ASCI Code provides certain guidelines for endorsement by celebrities, urging them to refrain from participating in an advertisement that make misleading, false or unsubstantiated claims. Endorsers are also advised to undertake sufficient due diligence to ensure the veracity of their claims.
The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (Pre-Natal Act) regulates advertisements related to pre-natal diagnosis. Section 22 of the Pre-Natal Act places complete prohibition on any advertisements related to pre-natal sex determination.
The Insurance Regulatory and Development Authority’s (IRDA) (Insurance Advertisements and Disclosure) Regulations, 2000 lay down that advertisements related to insurance policy should not in any way be unfair or misleading and give the regulator the power to direct issuance of corrective advertisement in the same manner in which the original advertisement was given. The IRDA Guidelines on Distance Marketing of Insurance Products apply to every activity of solicitation and sale of insurance products through the internet, and mandate that every insurer prepare a standardized script (incorporating features of the product, benefits, disclosures and solicitations) for the purpose and file this with the regulator and all solicitations and sale activities should strictly be in line with the script.
The Securities and Exchange Board of India’s (SEBI) (Disclosure and Investor Protection) Guidelines, 2000 prohibits any advertisement that is misleading, unclear or contains distorted information and which may influence the decision of the investors. Further, an exclusive advertising code for mutual funds under the SEBI (Mutual Funds) Regulations 1996 governs advertisements on mutual funds.
The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, issued under the Indian Medical Council Act, 1956 prohibits physicians from advertising their services in any form or manner of advertising through any mode.
The Bar Council of India Rules under the Advocates Act,1961 prohibit law firms and lawyers from advertising their practice.
The Transplantation of Human Organs Act, 1994 prohibits any advertisements inviting persons to supply or offering to supply any human organ for payment.
The Bureau of Indian Standards (Certification) Regulations, 1988, prohibit misleading advertisements pertaining to BIS certification.
The Arms Act, 1959 prohibits advertisements related to firearms, weapons and ammunition.
Useful Links:
Draft Cable Television Networks (Regulation) Amendment Bill, 2020
The Cable Television Networks (Regulation) Act, 1995
The Cable Television Networks Rules, 1994
The Code for Self-Regulation of Advertising Content in India
The Consumer Protection Act, 2019
The Food Safety and Standards (Advertising and Claims) Regulations, 2018
The Indecent Representation of Women (Prohibition) Act, 1986
The Information Technology (Intermediaries Guidelines) Rules, 2011
The regulations set out in the corresponding column for pay TV apply equally to the internet medium.
Knowledge Partner
Tel: +91 11 4593 9300
Mumbai
13th Floor, Free Press House
Free Press Journal Marg
Nariman Point
Mumbai 400 021. IndiaNew Delhi
Equity Mansion R-1, Nehru Enclave
New Delhi 110 019. IndiaBengaluru
WeWork Galaxy 43, Residency Road
Ashok Nagar
Bengaluru 560 025. IndiaFounded in 2008 on immutable principles of professional ethics and excellence, Bharucha & Partners is a full-service law firm, with offices in Mumbai, New Delhi, and Bengaluru in India. We are a Firm of practitioners, with 12 Partners and over 70 lawyers. The Firm advises and represents clients on all aspects of TMT practice, ranging from support and documentation on all types of transactions (mergers and acquisitions, initial public offerings, private equity investments), advising on technology and intellectual property aspects of transactions, local law and regulatory compliance to contentious matters.
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Pay TVOCC TV
General
Overview of Regulation
Advertisement in pay TV is permitted subject to the following requirements:
- the materials of the advertisement must comply with the following:
- Indonesian Advertising Code of Ethics (IACE);[1]
- advertisement requirements issued by KPI; and
- prevailing law and regulations.
- Advertisement must not be broadcast for the following purpose: (Broadcasting Law Content Requirements)
- promotion of a particular religion, ideology, or belief of a person and/or group of persons, that would offend and/or underestimates such other religions, ideologies, persons and/or groups of persons;
- promotion of liqueur or the likes and addictive substance;
- promotion of cigarettes which describes the physical figure of cigarettes;
- any matters which are in contradiction with public morality and religious values; and
- exploitation of children under 18 years old.
[1] Key requirements under the IACE are (among others): (i) prohibition on exposing violence and pornography; and (ii) certain prohibition for advertisement to children (e.g. must not expose violence and pornography, must not use children for advertisement of product that are inappropriate for children and must not show materials that can damage the physical and psychological aspects of children). IACE also provides procedures for advertisement of certain kind of products (e.g. cigarette and cosmetics).
- Electronic advertisement, including advertisement in OCC TV are subject to the following requirements:
- the E-Commerce Regulation[2]
- the requirements as set out in the IACE and other prevailing laws and regulations, notwithstanding that OCC TV is not considered broadcasting services[3]. We have set out the key requirements for advertisement in OCC TV according to the IACE and E-Commerce Regulation. under the “Country Specific Information” Row below
- the broadcasting regulations (particularly the content-related requirements) as required by the Ecommerce Regulation. Therefore, the Broadcasting Law Content Requirements shall also apply to advertisement on OCC TV
- Law No. 11 of 2018 on Electronic Information and Transaction (EIT Law), which regulates restrictions on electronic information that can be displayed / distributed. Under the EIT Law, any party[4] is prohibited from intentionally, transmitting or otherwise making available electronic information and/or electronic document (which would cover electronic advertisement) that contains:
- any content that contravenes public morality (kesusilaan);
- gambling content; and
- misleading and/or fake information that causes losses to consumer in an electronic transaction.
[2] Provision of paid digital content falls within the scope of e-commerce activity under Indonesian law. Accordingly, an OCC TV operator would likely be considered an e-commerce operator (Penyelenggara Perdagangan Melalui Sistem Elektronik). The business of e-commerce operator is primarily regulated under the Government Regulation No. 80 of 2019 on Trading Through Electronic Systems and the Minister of Trade Regulation No. 50 of 2020 on the Provisions of Business Licensing, Advertisements, Development and Supervision of Businesses in Trading Through Electronic Systems (collectively as “E-Commerce Regulation”).
[3] For information, Indonesian television networks, i.e., iNews and RCTI filed for a judicial review to contest the definition of “broadcasting” under the Law No. 32 of 2002 on Broadcasting (as amended by Law No. 11 of 2020 on Job Creation)) (“Broadcasting Law”). iNews and RCTI argued that OTT TV/ OCC TV should fall under the scope of “broadcasting” under the Broadcasting Law, and therefore subject to the Broadcasting Law provisions. However, in the beginning of 2021, the judicial review application was rejected by the Supreme Court through Decision No. 39/PUU-XVIII/2020. – Regardless of the foregoing, as required by the E-Commerce Regulation, digital advertisement (including advertisement in OCC TV) should still observe the Broadcasting Law Content Requirements.
[4] EIT Law applies on an extra-territorial basis to actions conducted outside of Indonesian that (i) have legal effect in Indonesia, or (ii) does not have legal effect in Indonesian but impairs Indonesian interest.
Regulatory Bodies
- Ministry of Communications and Informatics (MOCI)
- Investment Coordinating Board (Badan Koordinasi Penanaman Modal / BKPM)
- Indonesian Broadcasting Commission (Komisi Penyiaran Indonesia / KPI)
- Indonesian Advertising Council (Dewan Periklanan Indonesia / DPI)
- Indonesia’s National Consumer Protection Agency (Badan Perlindungan Konsumen Nasional / BPKN)
- Sectoral regulators of the relevant products, such as:
- Indonesia’s Foods and Drugs Supervisory Agency (Badan Pengawas Obat dan Makanan / BPOM); and
- Ministry of Health (MOH)
- Ministry of Trade (MOT)
- MOCI
- BKPM
- DPI
- KPI
- BPKN
- Sectoral regulators of the relevant products, such as BPOM and MOH
Advertising per hour
- Currently there is no specific requirement applicable to pay TV or OCC TV operators.
Revenue Restrictions
- Currently there is no specific revenue restrictions for pay TV operator. Note that foreign pay TV operators are not permitted to carry out business in Indonesia (unless by way of capital investment in an Indonesian company) nor generate any income in Indonesia.
- Currently there is no revenue restriction applicable to local OCC TV operators.
- Foreign OCC TV are allowed to make available its platform for digital advertisement placement by Indonesian advertisers and charge certain fee as the consideration thereof – in other words, to generate revenue from the advertisement placement by Indonesian advertisers. However, if the revenue generating activities cause the OCC TV to be considered as having physical presence in Indonesia, it will be subject to certain tax and licensing requirements in Indonesia.
Product Placement
- Product placement is regulated under Indonesian Advertising Code of Ethics (IACE). All provisions under the IACE regarding content of advertisement, types of advertised product, actor/actress in advertisement and advertisement media that apply to advertisement in general also apply to product placement.
- Please see the “Product Specific” section below.
- Pay TV must segregate the advertisements of competing or similar products, unless the relevant TV program is specifically designated for advertisements of such products category.
- The same requirements which apply for pay TV also apply for OCC TV.
Foreign Commercials
The materials of the advertisement must use domestic resources (please see the last paragraph of this row). Foreign advertisements broadcast during programs transmitted from overseas shall be replaced with domestic advertisement.
Such limitation is exempted for the following cases:
- tourism advertisements of a foreign country;
- advertisement of property located outside Indonesia;
- advertisement of international matches, competition, festivals, higher education, schools/studies and other activities located outside Indonesia;
- advertisement of global brands or with brand images of certain persons where the advertisement will be the same throughout the world; or
- advertisements with characters or flagships of a country.
In this regard, domestic advertisement is advertisement made using domestic resources, i.e. the actor/actress, personnel involved in the production process of the relevant advertisement and the background of such advertisement are of domestic origin.
- Currently there is no specific requirement applicable to OCC TV.
Govt Levy
- Income received by the pay TV operator is subject to the income tax. The payment of the advertisement placement services by a client is subject to value added tax.
- Income received by the local OCC TV operator is subject to the income tax. The payment of the advertisement placement services by a client is subject to value added tax.
- If a foreign OCC TV operator is considered as having physical presence in Indonesia, it will also be subject to income tax
PSAs
- The pay TV operator must allocate time slots in between 5:00AM and 10:00PM local time for public services advertisement at a special consideration price, or as necessary during emergency cases as determined by the government.
- Currently there is no specific requirement applicable to OCC TV.
Product Specific
Alcohol
- Alcoholic beverages cannot be advertised in any media.
- The same requirements which apply for pay TV also apply for OCC TV.
Pharmaceutical
- The products may only be advertised upon obtaining: (a) Distribution Permit (Izin Edar); and (b) Advertisement Approval issued by BPOM.
- Advertisement can only include statements / claims as approved by the BPOM.
- Advertisements for the public through any platforms are only permissible for over-the-counter drugs. Prescription drugs can only be advertised in printed media for medical or pharmaceutical industries.
- Advertisements shall include a spot for “FOLLOW THE INSTRUCTIONS” and any specific information about the products (if any).[1]
- Medical personnel cannot be an actor/actress in the advertisement.
- Advertisements shall not:
-
- promote excessive use of such product;
- include testimony;
- include a statement of warranty on the safety or efficacy of the products; or
- include information and/or give impressions that the consumption of such medicine would boost energy, health, vitality, intelligence or any similar claims.
[1] For example, drugs containing antihistamine shall include a spot for “MAY CAUSE DROWSINESS” label.
- The same requirements which apply for pay TV also apply for OCC TV.
Gambling
- Gambling cannot be advertised whether explicitly or implicitly in any media.
- The same requirements which apply for pay TV also apply for OCC TV.
Claims
- Advertisements must not contain any superlative word (e.g. “the most”, “No. 1”, or any equivalent word), without any attributable evidence (e.g. research).
- Products advertised as “halal” can only be advertised if a Halal Certificate has been issued in respect of it.
- Words such as “100% natural”, “original” or any equivalent word that intends to explain composition, concentration or quality of the product cannot be used unless there is an attributable substantiating information.
- Advertisement must not contain the word “free” if there is any fee that need to be paid by the consumer.
- The same requirements which apply for pay TV also apply for OCC TV.
Food & Beverages
- Publisher / media provider must display identity of the advertiser.
- Advertisement shall not display children under five years old, unless such food or beverages is targeted to those children under five years old.
- Publisher / media provider will be liable for misleading advertisement, unless they have checked the accuracy of such advertisement.
- Advertisement must not give an impression that a food or beverages is a medicine
- Natural ingredients in food or beverages can only be included in an advertisement if it meets the minimum threshold set out by MOH. [1]
- For similar or substitutable products (e.g. soy milk and cow milk), advertisement must clearly identify the source of product (e.g. it cannot be advertised only as “milk”).
- Processed foods or beverages shall not be advertised as if it is made from fresh ingredients.
- Food and beverages can only be advertised as a “source of protein” if 20% of its calorie is sourced from protein and/or if the reasonable amount of protein consumption per day is not less than 10 grams.
- Advertisement can only include statements / claims as approved by the BPOM.
- Advertisement of processed food can only include claims that it may lower the risks of certain disease upon obtaining approval from MOH.
- Fast-food advertisement cannot give or create an impression that such food is safe to be consumed daily.
- Food and beverages advertisement must not display overabundant amount of food and beverages.
[1] For example, apple juice product can only be advertised as containing natural ingredients if the concentration of such natural ingredient is at least 10%.
- The same requirements which apply for pay TV also apply for OCC TV.
Personal hygiene / Sanitary (including Condoms)
- The products can be advertised after obtaining the Distribution Permit (Izin Edar) and Advertisement Approval issued by MOH.
- Advertisements shall not promote excessive use of such product, include testimony, or misuse result of medical research.
- Advertisements for contraceptive devices (e.g. condom) and sexual assistance devices or other products for adult: (a) can only be broadcast between 9:30PM to 5:00PM local time; (b) shall not contain justification for ‘free-sex’ behaviour; and (c) shall include a spot for “FOLLOW THE INSTRUCTIONS” label.
- The same requirements which apply for pay TV also apply for OCC TV.
Tobacco
- Cigarette and tobacco product advertisements shall:
-
- not show the physical figure of the cigarette, its package, and/or visualise anyone who is smoking;
- not provoke or suggest the public to smoke;
- not suggest that smoking is not harmful for health;
- not display (in any form) children, teenagers or pregnant women;
- not showcase that the relevant brand is a cigarette/tobacco product;
- include a statement or information on the danger of smoking.
- Advertisements for cigarette and tobacco product can only be broadcast between 9:30PM to 5:00AM local time.
- The same requirements which apply for pay TV also apply for OCC TV.
Children
- Advertisements targeted at children must not: (a) display child actors, unless accompanied by an adult, and (b) display contents that may endanger the mental health of children, or exploit the unsuspecting nature of children.
- The same requirements which apply for pay TV also apply for OCC TV.
Women
- Advertisements must not harass, exploit or objectify women.
- The same requirements which apply for pay TV also apply for OCC TV.
Property
- The property may only be advertised if the advertiser (e.g. property developer) has obtained legal title over such property and the necessary licences.
- Information on the facilities, material or expected completion date of the property must be accountable.
- The same requirements which apply for pay TV also apply for OCC TV.
Country-Specific Information
- Under the current regulatory regime, notwithstanding that the characteristic of its activities is substantially the same as broadcasting, the OCC TV service is considered as an e-commerce service which is primarily regulated under the E-Commerce Regulation[5]. This is business is mainly supervised by the MOT.
- According to the E-Commerce Regulation, local and foreign e-commerce operators are allowed to broadcast digital advertisements provided that they observe the advertisement requirements provided under the broadcasting regulations[6] (including the requirements issued by KPI and DPI) as well as other relevant prevailing laws and regulations.
- Key requirements for digital advertisements under the IACE and E-Commerce Regulation:
-
- the digital advertisements:
- cannot be broadcast repeatedly and continuously for more than two times;
- must not interrupt the interaction of users and the relevant platform;
- must include an ‘exit’ / ‘close’ / ‘skip’ button that is visible and accessible by the users;
- must be free from any threat, such as virus, spyware, malware, bugs, phising and/or harmful script; and
- any collection of users’ data through cookies or registration must be notified to the users. For cookies relating to personal data, the relevant user’s consent must be obtained.
- the digital advertisements:
Useful Links:
E-Commerce Regulation (Indonesian language)
[5] Provision of paid digital content falls within the scope of e-commerce activity under Indonesian law. Accordingly, an OCC TV operator would likely be considered an e-commerce operator (Penyelenggara Perdagangan Melalui Sistem Elektronik). The business of e-commerce operator is primarily regulated under the Government Regulation No. 80 of 2019 on Trading Through Electronic Systems and the Minister of Trade Regulation No. 50 of 2020 on the Provisions of Business Licensing, Advertisements, Development and Supervision of Businesses in Trading Through Electronic Systems (collectively as “E-Commerce Regulation”).
[6] In principle, the Law No. 32 of 2002 on Broadcasting (“Broadcasting Law”) only applies to “conventional” broadcasting using radio frequency (e.g. television and radio) and for now would not extend to “broadcasting” digitally (i.e. through internet). However, given OCC TV provides paid digital content and therefore would likely be considered a PPMSE (as mentioned in in footnote 3 above) which is regulated under the E-Commerce Regulation, it requires an OCC TV to observe the provisions on advertising regulated under the broadcasting regulations. Accordingly, in our view, the key principles on advertisements under the Broadcasting Law are equally relevant, although there remain issues as to how these requirements under the Broadcasting Law would be enforced in the context of digital media providers (including OCC TV).
Knowledge Partner
www.linklaters.com/en/locations/indonesia
Yolanda Hutapea (Widyawan & Partners)
Tel: +62 21 2995 1596
The Energy, 9th Floor
Jl. Jenderal Sudirman Kav. 52-53
Jakarta 12190Linklaters is a leading global law firm and has advised on significant deals in over 100 countries. In addition to serving clients from our 30 offices, our lawyers have expertise in key jurisdictions across Asia, Europe, the U.S., the Middle East and Africa. With more than 2,800 lawyers around the world, we provide market-leading advice across the full spectrum of legal specialities: our international reach and top-tier expertise in the core areas of corporate/M&A, capital markets, dispute resolution, banking and structured finance, TMT as well as financial regulation are unrivalled.
We desire to work with our clients to understand the issues they need solving and then look to provide solutions tailored to them. We encourage a culture of innovation and collaboration and are constantly looking to the future to offer the best possible service to our clients and the development of our people. We believe in doing things differently – unleashing our imagination to challenge the present and shape the future.
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Pay TVOCC TV
General
Overview of Regulation
- The Broadcast Law imposes restrictions on the broadcasting of advertisements. Advertising itself is regulated through legislation, regulations and self-regulation by industry groups.
- In respect of self-regulation, advertising companies and other members of the industry form various associations which have their own general codes or principles of advertising.
- In addition, the Japan Commercial Broadcasters Association (Nihon Minkan Housou Renmei) (JCBA), a self-regulatory organization of major commercial broadcasters, has a template of standards for television programs. This template includes standards concerning the broadcasting of advertisements.
- General laws apply (although the applicability of the Broadcast Law depends on the particular OCC service) but there are no regulations specific to advertising on OCC TV.
- The industry association, the Japan Interactive Advertising Association (JIAA), issues guidelines to members (online ad media companies) as a means of self-regulation. The JIAA guidelines include (i) basic principles of ethics for and standards of advertising, (ii) recommended standards for native advertising, and (iii) guidelines for targeted advertising.
- Applicable advertising rules are not specifically enforced against offshore OCC.
Regulatory Bodies
- The main regulators include the Ministry of Internal Affairs and Communications in respect of the Broadcast Law, and the Consumer Affairs Agency and the Fair Trade Committee in respect of the Act against Unjustifiable Premiums and Misleading Representations. Other ministries supervise specific industries.
- Advertising industry associations participating in self-regulation include:
- the Japan Advertising Federation
- the Japan Advertisers Association
- the Japan Advertising Agencies Association
- the Japan Advertising Review Organization
- Industry-led organisations also establish, and monitor compliance with, fair competition standards (kosei kyousou kiyaku) established by business operators in various industries regarding representations to promote fair trade in the relevant industry.
- The JIAA issues guidelines to members (online ad media companies) as a means of self-regulation.
Advertising per hour
- The JCBA’s standards require broadcasters to ensure that the volume of advertising per week is 18% or less of the total broadcasting hours. Further, the standard specifies the maximum duration of commercials in particular programs (prime time, non-prime time, program of certain duration).
- No restriction on the volume of advertising.
Revenue Restrictions
- No regulations/restrictions exist.
Product Placement
- Allowed.
Foreign Commercials
- Japanese versioning (translation) is not required but the JCBA’s standards template recommends the use of easily understandable words and letters.
- Japanese versioning (translation) is not required.
Govt Levy
- No regulations/restrictions exist.
PSAs
- No regulations/restrictions exist.
Product Specific
Alcohol
- Highly regulated by the Act on Securing of Liquor Tax and on Liquor Business Associations, the Food Labelling Act, and fair competition standards.
- The Review Committee on Alcohol Advertising, which consists of alcohol industry organizations, on its own initiative, reviews compliance with the alcohol industry’s self-regulatory rules.
- The JCBA’s standards require broadcasters not to show or acknowledge underage drinking.
- As for pay TV, other than in respect of the JCBA’s standards. The relevant legislation applies generally (and therefore does not distinguish between domestic and offshore OCC services), but see “Overview of Regulation” section regarding enforcement against offshore services.
Pharmaceutical
- Highly regulated by the Pharmaceuticals and Medical Devices Act (previously, Pharmaceutical Affairs Act) and fair competition standards.
- The JCBA’s standards contain various restrictions, including the requirement that broadcasters do not advertise pharmaceutical products if the advertisement is likely to violate relevant laws and not use false or exaggerated statements on the efficacy of drugs, quasi-drugs and medical devices, and provides for other restrictions.
What will be changing?
- The Ministry of Health, Labor and Welfare (MHLW), the key regulator of medical businesses, is active in the areas of (i) exaggerated marketing of authorized medical products (such as advertising touting exaggerated effects) and (ii) any marketing of unauthorized or unapproved medical products. Enforcement against exaggerated marketing is expected to be further strengthened by amendments to the Pharmaceuticals and Medical Devices Act which will impose an administrative monetary penalty starting in August 2021. The Act currently imposes certain penalties for violations, but the administrative monetary penalty that will be imposed from next year is expected to be more useful in preventing violations since the penalty will be calculated based on the sales of the medical products in question.
- Highly regulated by the Pharmaceuticals and Medical Devices Act and fair competition standards. The relevant legislation applies generally (and therefore does not distinguish between domestic and offshore OCC services), but see “Overview of Regulation” section regarding enforcement against offshore services.
What will be changing?
See adjacent text on pay TV.
Gambling
- Although there are no specific rules or regulations regarding the advertising of gambling, gambling is generally prohibited (with certain exceptions) under the laws of Japan, including the Criminal Act of Japan.
- The JCBA’s standards require broadcasters not to give awards or prizes which excessively stir up the viewers’ gambling spirit.
- As for pay TV.
Claims
- The Act against Unjustifiable Premiums and Misleading Representations, industry or product specific laws and regulations, and industry self-regulatory guidelines prohibit false or exaggerated claims, particularly in relation to the efficacy of drugs, cosmetics, food and beverages, and other products.
- As for pay TV. The relevant legislation applies generally (and therefore does not distinguish between domestic and offshore OCC services), but see “Overview of Regulation” section regarding enforcement against offshore services.
Food & Beverages
- Highly regulated by fair competition standards, the Food Labelling Act, the Health Promotion Act, the Pharmaceuticals and Medical Devices Act, and the Act on Standardization and Proper Labelling of Agricultural and Forestry Products.
- As for pay TV. The relevant legislation applies generally (and therefore does not distinguish between domestic and offshore OCC services), but see “Overview of Regulation” section regarding enforcement against offshore services.
Personal hygiene / Sanitary (including Condoms)
- The Pharmaceuticals and Medical Devices Act prohibits misleading or exaggerated statements on the efficacy of products. However, there are no regulations specific to personal hygiene and sanitary products, and condoms.
- As for pay TV. The relevant legislation applies generally (and therefore does not distinguish between domestic and offshore OCC services), but see “Overview of Regulation” section regarding enforcement against offshore services.
Tobacco
- The Tobacco Institute of Japan has issued self-regulatory guidelines on the advertising of tobacco. Under the guidelines, tobacco cannot be advertised on media including TV and the internet; and advertisements and promotions of tobacco targeting minors are prohibited unless it is technically ensured that the viewers and audience members are limited to adults.
- The JCBA’s standards require broadcasters not to show or acknowledge underage smoking.
What will be changing?
- The age of adulthood in Japan is currently 20 but it will be lowered to 18 in April 2022, except for the legal age for smoking which remains at 20.
- As for pay TV, other than the JCBA’s standards.
What will be changing?
- See adjacent text on pay TV.
Children
- Self-regulated in line with the JCBA’s standards.
- No regulations/restrictions exist.
Women
- Self-regulated in line with the JCBA’s standards.
- No regulations/restrictions exist.
Property
- Highly regulated by the Building Lots and Buildings Transaction Business Act and fair competition standards.
- The JCBA’s standards prohibit broadcasters from inducing viewers to make high-risk investments or using misrepresentations regarding real properties and from allowing advertisements that are in violation of laws.
- As for pay TV, other than the JCBA’s standards. The relevant legislation applies generally (and therefore does not distinguish between domestic and offshore OCC services), but see “Overview of Regulation” section regarding enforcement against offshore services.
Country-Specific Information
- The Act against Unjustifiable Premiums and Misleading Representations encourages business operators to establish fair competition standards (kosei kyousou kiyaku) regarding premiums and representations to promote fair trade in their respective industries. The term “representations” under the Act means advertisements and any other representations (a) which the prime minister may separately identify, (b) which a business operator uses as a means to induce customers to purchase goods or services, (c) with respect to the substance of the goods or services supplied by the business operator, the terms and conditions of trading goods or services, and any other matters regarding the trade. As of 1 July 2019, 64 industries had established their own standards regarding representations. There is a consensus that as long as business operators comply with the standards, they would not be in violation of the Act.
Useful Links:
Broadcast Law (Japanese/English)
Act against Unjustifiable Premiums and Misleading Representations (Japanese/ English)
Japan e-Government portal, Pharmaceuticals and Medical Devices Act (Japanese)
Consumer Affairs Agency, Food labelling (English)
Federation of Fair Trade Conferences, Fair Competition Code (Japanese)
Review Committee on Alcohol Advertising (Japanese)
Ministry of Agriculture, Forestry and Fisheries, JAS (English)
Tobacco Institute of Japan (Japanese)
- As for pay TV. The relevant legislation applies generally (and therefore does not distinguish between domestic and offshore OCC services), but see “Overview of Regulation” section regarding enforcement against offshore services.
Useful Links:
Guidelines of JIAA (Japanese)
Knowledge Partner
Tel: +81 3 5220 1811
Tel: +81 3 5225 7738
Marunouchi Park Building, 2-6-1
Marunouchi Chiyoda-ku, Tokyo 100-8222
JapanMori Hamada & Matsumoto is a full-service international law firm based in Tokyo, with 4 offices in Japan (Takamatsu, Fukuoka, Nagoya and Osaka) and 6 overseas locations (Beijing, Shanghai, Singapore, Bangkok , Yangon and Ho Chi Minh City). The firm has more than 580 attorneys and a support staff of approximately 560, including legal assistants, translators and secretaries. The firm is one of the largest law firms in Japan and is particularly well-known in the areas of mergers and acquisitions, finance, litigation, insolvency, telecommunications, broadcasting and intellectual property, as well as domestic litigation, bankruptcy, restructuring and multi-jurisdictional litigation and arbitration. The firm regularly advises on some of the largest and most prominent cross-border transactions representing both Japanese and foreign clients. In particular, the firm has extensive practice in, exposure to and expertise on telecommunications, broadcasting, the internet, information technology and related areas, and provides legal advice and other legal services regarding the corporate, regulatory, financing and transactional requirements of clients in these areas.
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Pay TVOCC TV
General
Overview of Regulation
General Principles
- The Content Code and Code of Advertising Practice published by the Malaysian Communications and Multimedia Forum (CMCF) and Advertising Standards Authority Malaysia (ASA) encourage self-regulation, liberalisation, and transparency.
- Malaysia encourages commercials to be produced in Malaysia and feature Malaysian citizens. At least 70% of production costs must also be spent domestically and only 30% of footage can be of foreign origin. Please see finas.gov.my/en/services/licensing-application-of-mim-certificate.
- Both local or foreign ads are assessed by National Film Development Corporation of Malaysia (NFDCM).
- Content of advertisements is heavily regulated and must comply with the Content Code and Malaysian Code of Advertising Practice. Strict requirements or rules have been put in place in relation to advertisements concerning specific products or sensitive issues such as alcohol, gambling and sexual content.
General Principles
- There is no expectation from, nor requirement imposed by, the Malaysian Government and the CMCF that OCC TV service providers comply with the principles governing pay TV.
Regulatory Bodies
- Malaysia pay TV is largely self-regulated in the form of self-ethical regulations which encourages voluntary participation by industry players.
- The CMCF publishes the Content Code and Standards (“Content Code”), while ASA has the Malaysian Code of Advertising Practice.
- Both local and foreign ads are assessed by the NFDCM, which issues the “Made in Malaysia” (MIM) certificate that all ads must have before being aired, unless exempted.
- The Communications and Multimedia Act, 1998 provides that there shall be no censorship of the internet.
- Although the Malaysian voluntary regulatory framework does not presently distinguish between pay TV and OCC TV services and would therefore, technically, apply to both platforms, there is no expectation from, nor requirement imposed by, the government and the CMCF that OCC TV service providers, whether domestic or offshore, comply with the principles governing pay TV.
Advertising per hour
- No restrictions. However, advertisements generally range between 30 seconds to 90 seconds per hour.
- No restrictions.
Revenue Restrictions
- No restrictions.
Product Placement
- “Product Placements” relevant to the context of the situation are allowed but services and goods that are specifically banned are not allowed. Goods and services specifically banned include cigarettes, tobacco and its accessories; any form of gambling, including betting and gambling tips; and scenes which are sexually explicit or impolite. For the full list refer to Item 4.1(xviii) of the CMCF Content Code.
- Similar to pay TV.
Foreign Commercials
- Restricted MIM approval required: (a) Must be produced in Malaysia and feature Malaysian citizens; and (b) At least 70% of production costs must be spent domestically. Only 30% of footage can be of foreign origin.
- Localised production is assessed by the NFDCM, which issues the MIM certificate (or exemption certificate) that all ads must have before being aired.
- No restrictions.
Govt Levy
- No regulations.
PSAs
- Generally, 2 mins/hr per channel.
- No regulations.
Product Specific
Alcohol
- Advertisements on alcoholic drinks and liquor are prohibited. If an alcohol company is the title sponsor of an international sporting event held in Malaysia, it is only allowed to promote the event and not directly advertise its products. In addition to this, alcohol companies should only use the events’ logo in the promotional on-air material.
- Similar to pay TV.
Pharmaceutical
- Advertisements on medicine, remedies, appliances, skills and services relating to the diagnosis, prevention and treatment of diseases or conditions affecting the human body are under the authority of the Medicine Advertisements Board, Ministry of Health Malaysia (K.K.L.I.U).
- Slimming products whether used orally or by physical application are banned unless approved by the Medicine Advertisements Board, Ministry of Health Malaysia. Industry Guidelines for the Advertisements of Slimming Products is issued by CMCF.
- No advertisement for a medicine or treatment should include a testimonial by a person well known in public life, sports, entertainment, professional bodies, etc.
- Food advertisements cannot use the words “recommended by the Medical Profession” or otherwise suggest that the food is recommended, prescribed or approved by medical practitioners.
- All advertisements containing medical claims require Ministry approval (Medicine Advertisements Board) unless exempted. Please see Medicine Advertisements Board (Guidelines for Healthcare Facilities and Services).
- Drugs requiring medical prescription should not be advertised.
- Similar to pay TV.
Gambling
- Prohibited.
- Similar to pay TV.
Claims
- Advertisers must provide documentary evidence to substantiate direct/implied claims. If there is a significant division of informed opinion about any claims, they cannot be portrayed as generally agreed.
- Claims that are not independently substantiated should not exaggerate the value, accuracy, scientific validity or practical usefulness of the advertised product. Obvious untruths/exaggerations that are unlikely to mislead and incidental minor errors and unorthodox words are allowed provided they do not affect the accuracy or perception of the advertisement.
- Similar to pay TV.
Food & Beverages
- Must comply with requirements in the Food Act 1983 and Food Regulations 1985.
- Advertisements of food and drink products that claim therapeutic or prophylactic qualities will be subject to prior screening; but food and drink products that help improve, restore or maintain the consumers’ general health, physical or mental condition are exempted from screening.
- No content of pig, pork products and its derivatives.
- Similar to pay TV.
Personal hygiene / Sanitary (including Condoms)
- Advertising must be treated with restraint and discretion.
- Restriction on times of transmission where commercials portraying sanitary protection products for adults are permissible.
- Visual treatments must be done with taste and restraint. Detailed reference should avoid graphic descriptions.
- No implication of, or appeal to, sexual or social insecurity is acceptable, including suggestions that menstruation is “unclean” or shameful.
- Similar to pay TV.
Tobacco
- Prohibited.
- Similar to pay TV.
Children
- Appearance of children in advertisements is highly regulated by the Content Code.
- Use of children is not encouraged unless the products advertised are relevant to them and/or except in the context of promoting safety for children.
- Careful consideration must be given to children’s safety where they are projected i.e. children must not be shown using matches or any appliances which could cause them to suffer burns; must not be shown playing with firecrackers; or must not be shown climbing a high rack to reach for something on a table higher than their head level.
- Advertisements addressed to children or likely to be seen by them shall not contain illustration or otherwise, which result in harming them physically, mentally or morally.
- Advertisement pertaining to activities of a society or club for children must be that of a club or society that is properly supervised.
- Similar to pay TV.
Women
- Advertisements must not project women as an object for sex or be shown to merely satisfy men’s desire and satisfaction.
- Women and men should be portrayed as equals both economically and emotionally and in both public and private spheres.
- Must portray positive images of women.
- Similar to pay TV.
Property
- Advertisements for sale or for rent should not mislead or exaggerate.
- Particular care is called for in the case of advertisements for real property located abroad. Advertising material containing detailed description of such property should include comprehensive and accurate information.
- Similar to pay TV.
Country-Specific Information
- Also specifically banned in advertisements are:
-
- Any item banned in the Postal Services Act 1991 (Act 465) for the purpose of cheating or misleading;
- The occult and fortune tellers;
- Marriage agencies and friendship clubs;
- Unlicensed employment agencies;
- Clothing which is printed with word(s) or symbol(s) that have an inappropriate message;
- Scenes which are sexual in nature or are indecent, including kissing scenes between adults;
- Pornography;
- Betting and gambling;
- Fire crackers; Note: whilst the actual advertising of the product is banned, there is no issue with DEPICTING fireworks in commercials related to other products/services.
- Any form of financial speculation intended to promote or attract interest in any stocks and shares; Note: only advertisements related to newly approved Initial Public Offering (IPO) is allowed – subject to the relevant applicable Acts.
- Death notices, funeral and burial service notices and burial monuments;
- Disco scenes.
Useful Links:
Communication and Multimedia Content Forum Malaysia – Communication and Multimedia Content Code
Advertising Standards Authority Malaysia – Malaysia Code of Advertising Practice
Industry Guideline for the Advertisements of Slimming Products
Knowledge Partner
Co-contributor: Elyse Diong
7th Floor, Wisma Hamzah-Kwong Hing
No 1 Leboh Ampang
50100 Kuala Lumpur
MalaysiaShearn Delamore & Co is one of the largest and most well-established full-service law firms in Malaysia, with expertise and experience in every major practice area. Shearn Delamore & Co. is dedicated to meeting our clients’ needs. With over 100 lawyers and 300 staff, the firm has the resources to run and manage the most complex projects, transactions and matters. This would include co-ordinating and managing cross-border transactions together with the foreign and international law firms with whom we continuously work. By combining our diverse experience and interdisciplinary collaborations, we are able to provide a complementary range of skills.
Our Technology & Communications practice group has 5 partners and has extensive experience in the areas of IT, Cybersecurity and Data Protection, Media and Telecommunications, E-commerce and the Internet. Our Technology & Communications team helps you tackle legal issues relating to the new technology and communication channels that are transforming the way we work and live. We offer comprehensive legal solutions to clients operating in today’s constantly changing, cloud-based technological landscape. We tailor our approach and solutions to each client’s strategic and commercial objectives.
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Pay TVOCC TV
General
Overview of Regulation
Advertising Policy
- The Media’s Advertising Policy (“Advertising Policy”) which was issued by the Ministry of Information (the “MOI”) in Notification No. 1/2014, sets out guidelines for advertisers to comply with in connection with the content of advertisements which are published or broadcast on radio, print media, TV and internet media.
- We understand that the Advertising Policy serves as a guideline to advertisers by the MOI and does not expressly set out any sanctions to be imposed in the event of non-compliance by advertisers. Nonetheless, based on our informal consultation with the MOI on a no-names basis, we have confirmed that the Advertising Policy has been in force since 1 April 2015.
Media Code of Conduct
- The Media Code of Conduct (the “MCC”), published by the Myanmar Press Council (the “MPC”), sets out non-binding standards and guidelines for media outlet operators, which includes pay TV, in moderating the content of their broadcasts, including advertisements. The MCC does not expressly set out any sanctions to be imposed in the event of non-compliance by media outlets.
TV and Broadcasting Law
- The TV and Broadcasting Law (the “Broadcasting Law”) also empowers the National Broadcasting Council (one of the main regulatory bodies appointed to administer the licensing and enforcement under the Broadcasting Law, the “Council”) to issue regulations with respect to broadcast licensing. The Broadcast Development Council has recently published the “Broadcast Code of Conduct” which sets out broad requirements relating to the content being broadcasted, based on moral and ethical values and other standards widely accepted by media industries.
What will be changing?
- Under the Broadcasting Law, the Council is tasked with the responsibility of issuing a Code of Conduct in relation to broadcasting activities conducted by licensed broadcasting service providers.
- The Council is also empowered to ensure that licensed broadcasting service providers comply with this code and has the power to suspend, terminate or refuse the renewal of an existing licence or impose other administrative sanctions against such licence holders. This would expand on the powers of enforcement that the responsible regulatory body has, as compared to the current regime in place under the Advertising Policy, which does not provide for any consequences arising from non-compliance.
- It remains to be seen whether there will be any legislative and regulatory developments to include online media under the scope of the Code of Conduct.
- While the Advertising Policy does not explicitly make reference to OCC TV, its scope is wide enough to cover any advertisements published on the internet. However, we understand that the focus of the MOI is to regulate print and TV, as opposed to online advertising.
- Furthermore, no distinction has been made between OCC TV broadcasters based either onshore or offshore. It is thus unclear whether the Advertising Policy has extra-territorial application.
- The MCC applies to online content providers on an opt-in basis.
- The Broadcasting Law explicitly excludes internet-based broadcasting from the forms of broadcasting that it regulates. Advertising activities in relation to or in connection with OCC TVs or using OCC TVs as a medium would therefore be outside of the purview of the Broadcasting law and its accompanying regulations and notifications.
Regulatory Bodies
- Ministry of Information.
- The National Broadcasting Council. As alluded to above, the Council is responsible for the development of a Code of Conduct to which licensed broadcasting services such as pay TV operators will be subject to.
- Under the Broadcasting Law, the Council is also responsible for ensuring compliance and taking action on complaints against licensed operators in relation to their conduct of broadcasting operations. Non-compliance may be met with administrative sanctions such as the suspension, termination or refusal to renew licences or financial penalties.
- The Myanmar Press Council is the body which conducts self-regulation of the media industry. The MPC receives and investigates complaints against media outlet operators which allege that such operators have broadcast content in breach of the MCC. The MPC is not empowered to impose any administrative sanctions or penalties on media operators, but may make public statements censuring media outlet operators which they have assessed to be in breach of the MCC.
- To date, there has not been an appointment of a specific regulatory bodies overseeing the OCC TV sector, although the regulation of such is likely to fall under the purview of the MOI.
Advertising per hour
- Commercial broadcasting services such as pay TV operators are required to limit the broadcasting of commercial advertisements to a maximum duration of 12 minutes for every one hour of daily broadcasting and allocate at least 5% of their airtime to public service advertisements to be recommended by the Council for free, as part of their corporate social responsibility requirements under Section 72 of the Broadcasting Law.
- There are no express requirements or restrictions to the number of hours that advertisements can be broadcast on OCC TV platforms.
Revenue Restrictions
- No express regulations.
Product Placement
- The MCC sets out that advertisements should be distinguished from other media content and that product placement should be confined to commercial breaks. Where commercial products and services are otherwise referenced in broadcast media, they should not be given greater prominence than otherwise justified by editorial considerations.
- No express regulations.
Foreign Commercials
- No express regulations.
Govt Levy
- None.
PSAs
- Commercial broadcasting services such as pay TV operators are required to allocate at least 5% of their airtime to broadcast public service advertisements prescribed by the Council for free, as part of their corporate social responsibility requirements under Section 72 of the Broadcasting Law.
- No express regulations.
Product Specific
Alcohol
- Advertisements which promote alcohol are extensively restricted under the Advertising Policy.
- Advertisements for alcohol are only permitted to contain references to the brand of the alcohol, but references to the type of product and the product itself are prohibited (for example, for brand “XYZ”, reference to the brand “XYZ” may be made in an advertisement, but the advertisement must not make reference to the fact that the product being advertised is “Vodka”, or “XYZ Vodka”).
- While the Advertising Policy does not explicitly make reference to OCC TV, its scope is wide enough to cover any advertisements published on the internet. This means that, in theory, advertising on OCC TV platforms would be subject to the same restrictions as advertising on pay TV platforms.
- The MCC only applies to online content providers on an opt-in basis.
Pharmaceutical
- Under the Advertising Policy, advertisements relating to the following medical procedures would require prior approval from the Ministry of Health:
- Unusual treatments;
- Organ transplants or blood transplants;
- Medical services and courses provided by medical organisations; and
- Importation, manufacturing, sale or export of medicines, medical equipment or pharmaceutical products.
- While the Advertising Policy does not explicitly make reference to OCC TV, its scope is wide enough to cover any advertisements published on the internet. This means that, in theory, advertising on OCC TV platforms would be subject to the same restrictions as advertising on pay TV platforms.
- The MCC only applies to online content providers on an opt-in basis.
Gambling
- Advertisements that encourage and promote activities which may result in prohibited gambling and addiction are prohibited under the Advertising Policy.
- While the Advertising Policy does not explicitly make reference to OCC TV, its scope is wide enough to cover any advertisements published on the internet. This means that, in theory, advertising on OCC TV platforms would be subject to the same restrictions as advertising on pay TV platforms.
- The MCC only applies to online content providers on an opt-in basis.
Claims
- Advertisements promoting any goods and services must:
- be genuine and truthful;
- not exaggerate the quality of such goods and services;
- not contain any misrepresentations; and
- be clearly distinguished from any news articles, commentaries or reports.
- If an advertisement contains statistics, such statistics must be verified from a reliable source.
- If an advertisement promotes or highlights the activities of charitable organisations, the advertisements must comply with the standards of accuracy set out and required under the Advertisement Policy.
- While the Advertising Policy does not explicitly make reference to OCC TV, its scope is wide enough to cover any advertisements published on the internet. This means that, in theory, advertising on OCC TV platforms would be subject to the same restrictions as advertising on pay TV platforms.
- The MCC only applies to online content providers on an opt-in basis.
Food & Beverages
- Advertisements promoting F&B products and lifestyle choices which are detrimental to the health of children and youth are prohibited under the Advertising Policy.
- While the Advertising Policy does not explicitly make reference to OCC TV, its scope is wide enough to cover any advertisements published on the internet. This means that, in theory, advertising on OCC TV platforms would be subject to the same restrictions as advertising on pay TV platforms.
- The MCC only applies to online content providers on an opt-in basis.
Personal hygiene / Sanitary (including Condoms)
- There are no specific regulations applicable to such advertisements.
- In practice, inappropriate contents and advertisements which suggest or instigate sexual behaviour are internally censored by pay TV operators, unless such advertisements are broadcast with bona fide medical, scientific, cultural or religious purposes.
- While the Advertising Policy does not explicitly make reference to OCC TV, its scope is wide enough to cover any advertisements published on the internet. This means that, in theory, advertising on OCC TV platforms would be subject to the same restrictions as advertising on pay TV platforms.
- The MCC only applies to online content providers on an opt-in basis.
Tobacco
- Advertisements which promote cigarettes and tobacco and directly or indirectly encourage the sale and/or consumption of such tobacco products are prohibited under the Advertising Policy.
- While the Advertising Policy does not explicitly make reference to OCC TV, its scope is wide enough to cover any advertisements published on the internet. This means that, in theory, advertising on OCC TV platforms would be subject to the same restrictions as advertising on pay TV platforms.
- The MCC only applies to online content providers on an opt-in basis.
Children
- The following advertisements are prohibited under the Advertising Policy:
- Advertisements that provide bad health examples to, or encourage, children and youths to engage in inappropriate behaviour;
- Advertisements which instigate speech, behaviour and language that are detrimental to the children’s and youth’s education/learning;
- Advertisements which promote food and beverage products and lifestyles which are detrimental to the health and well-being of children and youths; and/or
- Advertisements promoting baby milk powder intended for babies aged six months or below without including the relevant notifications from the Ministry of Health which seeks to promote breastfeeding.
- In addition to the above, the MCC sets out that children should not be interviewed without the consent or supervision of a responsible adult (e.g. parent, guardian, schoolteachers).
- While the Advertising Policy does not explicitly make reference to OCC TV, its scope is wide enough to cover any advertisements published on the internet. This means that, in theory, advertising on OCC TV platforms would be subject to the same restrictions as advertising on pay TV platforms.
- The MCC only applies to online content providers on an opt-in basis.
Women
- Advertisements containing words, visual cues and speech which discriminate against women are prohibited under the Advertising Policy.
- Except advertisements which are made for bona fide medical, scientific, cultural and/or religious reasons, the following are prohibited under the Advertising Policy:
- Advertisements promoting products and acts that directly or indirectly portray sex-related issues; and/or
- Advertisements which display or portray acts and attire that instigate deviant sexual behaviour.
- While the Advertising Policy does not explicitly make reference to OCC TV, its scope is wide enough to cover any advertisements published on the internet. This means that, in theory, advertising on OCC TV platforms would be subject to the same restrictions as advertising on pay TV platforms.
- The MCC only applies to online content providers on an opt-in basis.
Property
- Any advertisements which insult sacred religious buildings or places of worship are prohibited under the Advertising Policy.
- While the Advertising Policy does not explicitly make reference to OCC TV, its scope is wide enough to cover any advertisements published on the internet. This means that, in theory, advertising on OCC TV platforms would be subject to the same restrictions as advertising on pay TV platforms.
- The MCC only applies to online content providers on an opt-in basis.
Country-Specific Information
- Official permission must be obtained before military/police images can be used in advertisements.
- Statements, references and any symbols which are disrespectful to the sovereignty and solidarity of the State are not permitted under the Advertising Policy.
- Statements or references which could disrupt the existing authority, order and stability of the State are also not permitted.
- Advertisements relating to political parties or politicians must comply with existing laws and regulations, including those on political campaigning under the Advertising Policy.
- While the Advertising Policy does not explicitly make reference to OCC TV, its scope is wide enough to cover any advertisements published on the internet. This means that, in theory, advertising on OCC TV platforms would be subject to the same restrictions as advertising on pay TV platforms.
- The MCC only applies to online content providers on an opt-in basis.
Knowledge Partner
Tel: +65 6232 0220
Myanmar Centre Tower 1, Floor 07, Unit 08
192 Kaba Aye Pagoda Road, Bahan TownshipBased in Yangon, Rajah & Tann Myanmar Company Limited is a well-established firm with Myanmar-qualified lawyers, highly experienced in handling both the challenges presented by the country’s fast-developing legal and regulatory framework, and the opportunities arising in this important emerging market.
Working closely with other members of the Rajah & Tann Asia team, our talented and highly committed lawyers provide end-to end legal services of the highest quality, not just within Myanmar, but throughout Indochina and Asia. Over the years, and across a wide range of practice areas, Rajah & Tann Myanmar has achieved an impressive reputation for providing innovative solutions to the most complex problems, working with both local and international clients
Rajah & Tann Myanmar is a member firm of Rajah & Tann Asia, one of the largest regional networks that brings together leading law firms and with 800 fee earners in Cambodia, China, Indonesia, Lao PDR, Malaysia, Myanmar, Singapore, Thailand, Philippines and Vietnam; with each offering the highest standards of service to locally based clients while collectively having the capability to handle the most complex regional and cross border transactions and to provide excellent legal counsel seamlessly across the region. RTA’s geographical reach also includes Singapore based regional desks focusing on Brunei, Japan and South Asia.
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Pay TVOCC TV
General
Overview of Regulation
- Pakistan’s Electronic Media (Programmes and Advertisements) Code of Conduct 2015 regulates advertisements aired by Pakistan Electronic Media Regulatory Authority (PEMRA) licensees. The restrictions under the Code of Conduct would apply to advertisements delivered through terrestrial, cable or satellite, but not to pay TV delivered over the internet.
- In addition, Pakistan Broadcasters Association (PBA), a self-regulatory organization, contains certain rules and regulations that would apply to its members.
Relevant laws:
Note: These responses are based on the assumption that pay TV refers to pay TV delivered through terrestrial, cable or satellite, but not over the internet. If being delivered over the internet, the requirements listed in the foreshadowed changes of the OCC TV column will apply if the draft regulations are adopted.
- There are no applicable advertisement rules applicable to OCC TV.
What will be changing?
PEMRA has prepared draft regulations for Web TV and Over the Top TV – which would regulate OCC TV and pay TV delivered over the internet. If these regulations are passed in their current form, all the requirements listed in the pay TV column will also apply to OCC TV and pay TV delivered over the internet.
Relevant drafts:
PEMRA Consultation Paper on Regulating Web TV and Over the Top TV Content Services
Regulatory Bodies
- Pakistan Electronic Media Regulatory Authority (PEMRA)
- N/A
Advertising per hour
- Maximum 3-minute continuous advertisements during each 15 minutes of regular programming.
- N/A
Revenue Restrictions
- N/A
Product Placement
- No restrictions.
- N/A
Foreign Commercials
- Advertisements are permitted but limited to a maximum 3-minute continuous advertisements during each 15 minutes of regular programming. There is no difference in the treatment of local and foreign ads, though ads featuring Indian actors may be prohibited.
- N/A
Govt Levy
- Provincial sales tax on advertisement services is applicable.
- N/A
PSAs
N/A
Product Specific
Alcohol
- Prohibited.
- N/A
Pharmaceutical
- Prior permission of Federal or Provincial Government.
- N/A
Gambling
- Prohibited.
- N/A
Claims
- Misleading claims prohibited.
- N/A
Food & Beverages
- N/A
Personal Hygiene / Sanitary (including Condoms)
- N/A
Tobacco
- Prohibited.
- N/A
Children
- Ads cannot directly ask children to buy products or ask parents to do so.
- N/A
Women
- N/A
Property
- N/A
Country-Specific Information
Knowledge Partner
General Email:
Tel: +92 21 35686920 / +971 50 738 3398
Karachi (Suites 219-221, Central Hotel Annexe, Merewether Road, Karachi, Pakistan)
Dubai (Level 14, Tower 1, Emaar Boulevard, PO Box 334155, Dubai, UAE)
Jamil & Jamil is one of Pakistan’s leading and diversified law firms with more than 30 years of successful practice in legal and policy consultancy. Our firm utilizes its specialized knowledge and in-depth analysis to provide practical legal solutions tailored to meet our clients’ specific needs and priorities. Jamil & Jamil has unique specialized legal and policy expertise in Pakistan and the region in the areas of information technology, media, cybercrime & cybersecurity, payments, data protection, and the interplay of these subjects. Jamil & Jamil advises the world’s largest digital media service providers and technology companies on Pakistan legal and policy matters.
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Pay TVOCC TV
General
Overview of Regulation
- The Philippine advertising industry is largely self-regulated. The principal body that manages self-regulation of advertising in pay TV is the Kapisanan ng Brodkaster ng Pilipinas (KBP), through the Ad Standards Council (ASC).
- Advertising form and content are regulated via industry-imposed codes of ethics. Advertising in pay TV platforms follow the KBP Broadcasting Code and the ASC Code of Ethics [last updated on March 2019].
- State regulation over advertising in pay TV comes in the form of product-specific legislation or general guidelines for the protection of consumers.
- Republic Act No. 7394 known as the “Consumer Act of the Philippines” (“Consumer Act”) and its Implementing Rules and Regulations regulate the labelling, advertising and sales promotions through mass media of consumer goods/services in the country. The Consumer Act focuses specifically on preventing and penalizing false, deceptive or misleading advertisements.
- Advertising which pertains to specific content are also governed by special laws, such as Republic Act No. 9211 known as the “Tobacco Regulation Act of 2003”, which deals with the advertising of tobacco products; Republic Act No. 9006 otherwise known as the “Fair Election Act” which deals with political advertisements; Republic Act No. 10611 or the “Food Safety Act of 2013” which deals with the labelling and advertising of food products, including food supplements; Republic Act No. 9711 or the “Food and Drug Administration Act of 2009” which deals with the labelling and advertising of health products, such as medicines and devices; and Republic Act No. 9775 known as the “Anti-Child Pornography Act of 2009” which deals with child pornography advertisements, among others.
- In the absence of regulations specifically governing OCC platforms in the Philippines, regulations for advertising on these platforms are also undetermined. As of now, the National Telecommunications Commission (NTC) has not included OCCs under “Value-added-services” regulated by the NTC pursuant to its Memorandum Circular No. 02-05-2008.
- There is no specific mandate on the KBP with regard to advertising on OCC platforms. On the other hand, the ASC does regard online advertising as coming within its purview. However, at present, there is no apparent attempt to enforce local advertising rules in respect of content coming directly from offshore sources.
- Certain product-specific advertising laws (i.e. relating to tobacco and gambling) clearly apply to advertising on all platforms while other rules (i.e. relating to alcohol and pharmaceuticals) do not clearly apply to online advertising but may be treated similarly for public policy reasons. Notably, the Consumer Act provisions against false, deceptive and misleading advertisements have been made applicable to consumer transactions through electronic means via Republic Act No. 8792 or the “E-Commerce Act” and DTI-DOH-DA Joint Administrative Order No. 01, Series of 2008. Furthermore, under Republic Act No. 10175 or the “Cybercrime Prevention Act of 2012”, unsolicited commercial communications are prohibited, except under certain conditions.
- In practice, OCC platforms in the Philippines rarely contain advertisements from third-parties.
What will be changing?
- The main agency regulating information communication technology (ICT) in the Philippines is the Department of Information and Communication Technology (DICT) created through Republic Act No. 10844, known as the “Department of Information and Communications Technology Act of 2015”.
- Although the DICT has not yet issued regulations implementing its policy mandate as to the development of guidelines for the implementation and enforcement of ICT regulations, it is poised to provide the necessary legal and technical expertise to develop regulations governing the form and content of OTT services.
- It is possible that an agency in charge of regulating over-the-top (OTT) providers, which may include OCC providers, will be established soon. House Bill No. 3014 submitted to the Philippine Congress in the second quarter of 2019, seeks to establish a management authority to monitor information content, quality, rates and use of digital games, music, video and television and OTT services. Advertising in OTT platforms may likewise fall within the mandate of this proposed regulatory body.
- The ASEAN Subscription Video-on-Demand Industry Content Code for self-regulation of OCC platforms may also contain provisions on advertising in OCC platforms.
- House Bill 6765 seeks to include online advertisement services. The provision requires digital advertising space or any other facility or service for the purpose of online advertisement to be VAT-able and subject to income tax, by requiring such services to be offered through representative offices or agents, which shall be taxed accordingly.
Regulatory Bodies
- D. 1986 created the Movie and Television Review and Classification Board (MTRCB) to review and regulate all motion pictures and television programs, including publicity materials. The MTRCB deputized the KBP to manage the self-regulation of advertising in the Philippines, in accordance with the KBP Broadcast Code of 2007, as amended in 2011.
- The Advertising Board (AdBoard) of the Philippines, previously known as the Philippine Board of Advertising, was established in 1974 as the umbrella organization of the Philippine advertising industry and served as a self-regulating body for advertising content, in accordance with its Code of Ethics for Advertising. The AdBoard officially ceased to exist in 2014.
- The ASC is a non-stock, non-profit organization established by the KBP together with the Philippine Association of National Advertisers (PANA) and the Association of Accredited Advertising Agencies – Philippines (4As) to handle the screening of all broadcast, out-of-home, print, digital and mobile adverting, and the settlement of disputes regarding advertising content. The ASC took over the functions of the Advertising Content and Review Committee (ACRC) of the AdBoard in 2008.
- The Commission on Elections (Comelec) supervises and regulates election propaganda/political advertisements.
- The Department of Trade and Industry (DTI) enforces the advertising and sales promotion provisions of the Consumer Act for consumer goods and services, except with respect to food, drugs, cosmetics, devices, and hazardous substances which are under the purview of the Department of Health (DOH), specifically, the Philippine Food and Drug Authority (FDA).
- There is no specific mandate on the KBP with regard to advertising in OTT/OCC platforms.
- The ASC does regard online advertising as coming within its purview.
- The Internet & Mobile Marketing Association of the Philippines (IMMAP), a member of the ASC and AdBoard, has also issued its own Code of Ethics for online and mobile advertisements, which generally parallels the ASC Code of Ethics and the AdBoard Code of Ethics.
Advertising per hour
- No limit for pay TV, although minutage restrictions apply to free-to-air television. Note, however, that NTC Memorandum Circular No. 1-3-2006 mandates the adoption by all broadcast media and cable entities of the Program Standards of the KBP Television Code. Limitations on total airtime for commercials per program hour are included in the KBP Television Code, under its Advertising Standards.
- Advertisements may only be inserted into pay TV programming with the consent of the relevant program provider.
- No regulations/restrictions exist.
Revenue Restrictions
- No regulations/restrictions exist.
Product Placement
- No direct or indirect advertising or marketing of cigarettes or tobacco products is allowed. Advertising materials shall only be at the point-of-sale/purchase.
- Same regulations as pay TV advertising, although the application of the prohibition to online platforms has not been tested.
Foreign Commercials
- No regulations/restrictions exist.
Govt Levy
- No regulations/restrictions exist.
PSAs
- PSAs that contribute to national development shall be aired. The government may issue messages in the public interest, which must be disseminated by the media without charge, with the objective of raising awareness, changing public attitudes and behaviour towards a social issue.
- Commercial advertisements should not create any misimpression that they are public service announcements nor use expressions reserved for important news and PSAs, i.e. “newsflash.”
- Public service and emergency announcements of utility companies are exempted from the requirement of a screening clearance from the ASC.
- During national elections, free airtime is provided to candidates for office on at least three national television networks and three national radio networks.
- No regulations/restrictions exist.
Product Specific
Alcohol
- Subject to pre-screening by the ASC.
- Highly regulated in terms of what may be implied or depicted, what drinking behaviour is promoted, the claims that may be made about the benefits/effects of consuming alcohol, the target audience for the advertisements, devices and other statements required to be included in advertisements. Under the ASC Code of Ethics, the mandatory statement “Drink Responsibly” must be included in the advertisement.
- Advertising material shall clearly state or inform consumers that the beverage contains alcohol and that these products should not be sold to and consumed by minors.
- No rules specific to OCC platforms, but it is anticipated that the same standards, particularly, the ASC Code of Ethics and the IMMAP Code of Ethics, would apply. Regarding enforcement against offshore services, see “Overview of Regulation” section above.
Pharmaceutical
- All pharmaceutical products must be registered with the FDA before advertising.
- Prescription-only or ethical drugs (registered as RX) as classified by the FDA cannot be advertised in a medium where it is exposed to the general public, i.e. TV, RC, OOH, print publication of general circulation. Only non-prescription/over-the-counter (OTC) drugs and products classified as home remedy (HR) can be advertised in mass, electronic and digital media, subject to pre-screening by the ASC. Such ads must be signed by the Medical Director of the relevant drug establishment (drug manufacturer, trader, exporter/importer).
- Ads for non-prescription drugs should not describe or dramatize distress in a morbid manner, and should prominently carry the advice, “If symptoms persist, consult your physician.”
- Advertisements for health supplements are required to disclaim that they have “no approved therapeutic claims” or “Mahalagang Paalala: Ang (name of product) ay hindi gamut at hindi dapat gamiting panggamot sa unumang uri ng sakit.”
- Any claims made about a registered health product must be approved by the FDA, and advertising must include the relevant authority or reference number.
- Medicine ads may not be targeted at children.
- Advertising materials should prominently display the generic name of the pharmaceutical product.
- Same as pay TV advertising. Regarding enforcement against offshore services, see “Overview of Regulation” section above.
Gambling
- All gambling/gaming ads must contain the statement: “Gaming for 21 years old & above only. Keep it Fun. Game Responsibly.”
- No child shall be used, directly or indirectly, in advertisements of gambling, gaming institutions or games of chance and should not be directed towards persons below 21. The advertising of gaming/gambling authorized by law is still subject to the Code of Ethics applicable to the advertising medium.
- Only lotteries that are licensed or authorized by the government may be advertised.
- Advertisements of lotteries should not exhort the public to bet. Phrases such as “tumaya na kayo” (bet now), “bumili na kayo ng ticket” (buy a ticket) or “yayaman ka sa lotto” (you’ll get rich with lotto) are prohibited, and the announcement of tips are prohibited. However, mentions of prizes, schedule of draws, and results are allowed.
- Advertisements of lotteries cannot be aired in religious, educational, and children’s programs during breaks or preceding or following such programs.
- Advertisements of horse races and cockfights are allowed only between 11:00PM and 5:00AM.
- Advertisements of horse races, cockfights and jai-alai may contain announcements of results but not the announcement of tips.
- Advertisements of casinos authorized by the government are allowed, provided that they do not exhort the public to game or bet. They should be in the form of institutional or corporate advertising only and should not mention or show any gambling activity or paraphernalia.
- Same regulations as pay TV advertising. Regarding enforcement against offshore services, see “Overview of Regulation” section above.
Claims
- Ads with product claims (No. 1 claim, exclusivity claim, comparative claim, superiority claim) are subject to pre-screening by the ASC.
- Claims must be substantiated.
- Testimonials based solely on subjective judgment are allowed provided that they are not presented as statements of fact and should not be used to circumvent a prohibited claim.
- Same regulations as pay TV advertising. Regarding enforcement against offshore services, see “Overview of Regulation” section above.
Food & Beverages
- All food/beverages must be registered with the DOH-FDA before advertising. Entities must secure an advertisement and sales promotion permit from the FDA.
- Advertisements for food and dietary supplements are subject to pre-screening by the ASC.
- Beneficial claims are restricted; Advertisements should not imply that an advertised product alone can ensure or promote good health or that good health may be endangered solely because people do not supplement their diet with a particular product.
- Allowable ads for breastmilk replacements, including bottle-fed complementary foods, must be approved by the Inter-Agency Committee and is subject to pre-screening by the ASC. Ads must include the statements:
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- For Infant Formula: “Breastmilk is the only safe and readily available food for infant” and “WARNING: Infant Formula is not a sterile product and may contain harmful bacteria and must be prepared and used appropriately.
- For Milk Supplements: “The use of milk supplements must only be upon the advice of a health professional” and “The unnecessary and improper use of this product may be dangerous to your child’s health.”
- For Complementary Food and Devices: “This product is not intended for babies 6 months of age and below.”
- False advertising of any food product which misleads consumers is punishable.
- Same regulations as pay TV advertising. Regarding enforcement against offshore services, see “Overview of Regulation” section above.
Personal hygiene / Sanitary (including Condoms)
- Mature viewing/time restricted.
- Explicit depiction of sexual acts, sexual perversions and nudity are prohibited.
- Explicit or graphic descriptions of sexual organs, other sensitive parts of the body and acts generally considered indecent or offensive are prohibited.
- Time-based restrictions may be difficult to enforce due to the on-demand nature of OTT/OCC services.
- Mature content may be self-regulated through internal technical mechanisms in the OTT/OCC platform subject to subscriber data and preferences.
- Regarding enforcement against offshore services, see “Overview of Regulation” section above.
Tobacco
- Prohibited. Advertising of cigarettes or tobacco shall be at the Point of Sale/Purchase only.
- Presumed that OTT/OCC is included in the prohibition as “advertising in mass media” based on public policy considerations. Regarding enforcement against offshore services, see “Overview of Regulation” section above.
Children
- Highly regulated with respect to content of advertisements directed towards children and those using/depicting children.
- The main guiding principle is that content must always be in the best interest of children.
- Same regulations with pay TV advertising. Regarding enforcement against offshore services, see “Overview of Regulation” section above.
Women
- Republic Act No. 6955 prohibits the advertisement of businesses which match Filipino women for marriage to foreign nationals.
- Republic Act No. 9710 or the “Magna Carta of Women” and its IRR authorizes the Philippine Commission on Women (PCW), in coordination with concerned agencies and media organizations, to formulate media guidelines to protect women against discrimination in media and film. Self-regulatory bodies for media, TV, cable, film, and advertising must also ensure compliance with the law and IRR, under the supervision of the NTC and MTRCB, among others. The PCW has issued its Code of Ethics for Media to prevent the discriminatory, demeaning, and/or derogatory portrayal of women in advertisements, shows, and programs.
- Ads shall not depict or exploit persons as sex objects and should not contain offensive, obscene, blasphemous, profane and vulgar words or any sexual double entendres.
- Salacious, violent or indecent themes, sexual innuendo or stereotyping likely to cause serious or general offense should be avoided.
- Ads shall not directly or indirectly disparage, ridicule, criticize or attack persons based on gender.
- Same regulations with pay TV advertising. Regarding enforcement against offshore services, see “Overview of Regulation” section above.
Property
- All advertisements for the sale of subdivision lots and condominium units must be declared and approved by the Housing and Land Use Regulatory Board (HLURB).
- The owner or developer is liable for all facilities, improvements, infrastructures or other forms of developments represented or promised in the advertisements and the same shall form part of the sales warranties enforceable against the owner or developer.
- The main regulation concerning advertisements of subdivision and condominium projects is HLURB Memorandum Circular No. 01 Series of 2015 or the 2014 Guidelines on Advertisements. It prescribes mandatory and prohibited content in advertisements as well as the process of approval of advertisements.
- HLURB Memorandum Circular No. 01, Series of 2015 or the 2014 Guidelines on Advertisements covers advertisements through any media, including digital and electronic signages and communications. It may be presumed that OCCs are included.
Country-Specific Information
- Advertising by educational/training institutions and medical practitioners and advertising of vitamins and food supplements, along with agrochemical and veterinary products, are also regulated in the Philippines.
- The use of the national flag, the Philippine currency, the Seal of the Republic and references to historical or national events or heroes are the subject of specific rules and standards, administered by various government agencies.
- Political advertising is supervised and regulated by the Comelec.
- The codes of ethics of certain professions (e.g. lawyers, doctors) disallow or restrict advertising of professional services.
Useful Links:
Knowledge Partner
General Email:
Tel: +632 8988 6088
V&A Law Center
11th Avenue corner 39th Street
Bonifacio Triangle, Bonifacio Global City 1634
Metro Manila, PhilippinesPractice without equal. Passion beyond the call. Masters of our craft. Founded in 1980, Villaraza & Angangco is a decorated full-service law firm with recognized expertise in the areas of Litigation and Dispute Resolution, Corporate & Commercial Law and Intellectual Property Law. Each of its departments and many of its lawyers have been recognized as some of, if not the best in their respective fields, by well-respected publications such as Chambers & Partners Asia-Pacific, Legal 500, Benchmark Asia-Pacific, Asian Legal Business, Asia Law. Asia Law Profiles, and International Financial Law Review, among others. Villaraza & Angangco is a law firm that has demonstrated a continuing drive to evolve and thrive in spite of challenges. Through the years, it has shown an unmatched dedication to the legal profession that has led it to the forefront of many changes and developments that affect the nation –from breaking apart telecommunication monopolies; assisting in the rehabilitation of essential Philippine companies during the Global Financial Crises; questioning the qualifications of electoral candidates and impeaching a sitting President and Supreme Court Justice; vindicating the Philippines’ claim in the West Philippine Sea; assisting in the entry of a new player in the telecommunications industry; winning historical and landmark disputes in courts and in the field of arbitration; to championing the entry of cheaper medicines in the Philippines. With decades of experience serving at the forefront of the ever-changing landscape of Philippine law, politics, commerce and everyday life, coupled with its drive to innovate and evolve to suit the reality of the times, Villaraza & Angangco is well-equipped to continue its mission to provide excellent legal advice that truly matters.
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Pay TVOCC TV
General
Overview of Regulation
- The general approach taken is one of co-regulation with the industry through codes of practice.
- There is no pre-vetting of advertisements.
- Pay TV advertising is regulated both by the government and by an industry body.
- There are advertising-specific codes, but the general codes applicable to content on pay TV would also apply to advertising.
- There are no OCC TV-specific rules or regulations.
- The codes issued by IMDA are meant to apply to all advertisements shown on all TV broadcast services. This would likely include OCC TV services too. This means that the advertising requirements set out in the pay TV column would likely be applicable to OCC TV services.
- However, in practice, the rules are seldom enforced in respect of offshore OCC TV services received in Singapore, especially if they are not targeting Singapore as their principal market.
- ASAS’ SCAP also applies to all advertising appearing in Singapore, including online advertising.
What will be changing?
The government announced possible amendments to the Broadcasting Act in January 2017 to take into account technological changes, possibly including OCC TV services. The changes have not yet been announced as of May 2020.
Regulatory Bodies
- Info-communications Media Development Authority (IMDA) oversees the implementation of the Television and Radio Advertising and Sponsorship Code (the “TRAS Code”) and the general Content Code For Nationwide Managed Transmission Linear Television Services and the Content Code For Over-The-Top, Video-On-Demand and Niche Services.
- Advertising Standards Authority of Singapore (ASAS) is the self-regulatory body of the advertising industry that oversees the enforcement of the Singapore Code of Advertising Practice (SCAP).
- There are no OCC TV-specific regulatory bodies.
- IMDA and ASAS would also be the relevant regulatory bodies.
Advertising per hour
- Unless otherwise approved by IMDA, the TRAS Code requires that advertisements and trailers may not exceed 14 minutes per hour.
- However, advertisements and trailers may run up to 21 minutes per hour during the broadcast of sports programs in a sports belt or sports channel if the average duration per hour on the same day does not exceed 14 minutes.
- There are no OCC TV-specific restrictions on advertising per hour.
- Please see the comments in the “Overview of Regulation” section above on enforcement of regulations against offshore OCC TV service providers.
Revenue Restrictions
- Nationwide Subscription TV Licensees may not derive more than 25% of their total revenue from advertising revenue.
- There are no OCC TV-specific restrictions on advertising revenue.
- Please see the comments in the “Overview of Regulation” section above on enforcement of regulations against offshore OCC TV service providers.
Product Placement
- Product placement on pay TV channels is governed by the TRAS Code. This code applies to a pay TV channel’s local programs, locally packaged channels or any other programs where sponsorship deals are made locally and/or the channel has control over the sponsor’s presence.
- The general principle is that undue prominence must not be given to a sponsor’s product in a program, and that product references must be editorially justified.
- Stricter rules apply to news, current affairs, info-educational and children’s programs.
- The TRAS Code also stipulates that programs should not contain strong elements of advertising and appear like an advertorial.
- There are no OCC TV-specific restrictions on product placement.
- Please see the comments in the “Overview of Regulation” section above on enforcement of regulations against offshore OCC TV service providers.
Foreign Commercials
- There are no restrictions specifically for foreign commercials.
- But they would be subject to the same advertising regulations mentioned above.
- There are no OCC TV-specific restrictions on foreign commercials.
- Please see the comments in the “Overview of Regulation” section above on enforcement of regulations against offshore OCC TV service providers.
Govt Levy
- There are no specific levies on advertising revenue.
- However, advertising revenue is included in the determination of total revenue when calculating a pay TV channel’s broadcasting licence fee (calculated as the higher of 2.5% of total revenue or a fixed amount depending on the type of licence).
- There are no OCC TV-specific restrictions on government levies on advertising revenue.
- Please see the comments in the “Overview of Regulation” section above on enforcement of regulations against offshore OCC TV service providers.
PSAs
- The general principle in the TRAS Code is that advertisements must be clearly distinguishable from programs.
- Advertisements should not simulate a television news presentation in a manner that makes it difficult for viewers to distinguish it from a real-life television news presentation.
- Expressions such as ‘News Flash’ are reserved for important news and public service announcements. Their use in advertisements and program promotions is not permitted.
- There are no OCC TV-specific restrictions on public service announcements.
- Please see the comments in the “Overview of Regulation” section above on enforcement of regulations against offshore OCC TV service providers.
Product Specific
Alcohol
- The TRAS Code and SCAP contain guidelines for alcohol advertising.
- Children should not be portrayed in advertisements for alcoholic drinks.
- Advertisements should not be directed at audiences under the age of 18 or in any way encourage them to start drinking.
- Advertisements should not denigrate or be likely to offend the sensitivities of any racial or religious group.
- Advertisements should not incite or be likely to incite racial and/or religious intolerance or misunderstanding.
- Advertisements should not give the general impression that: (a) a drink is being recommended mainly for its intoxicating effect; or (b) drinking is necessary for social success or acceptance.
- Advertisements should not depict activities or locations where drinking alcohol would be unsafe or unwise.
- Advertisements should never encourage over-indulgence and excessive consumption.
- There are no OCC TV-specific restrictions on advertisements for alcohol.
- Please see the comments in the “Overview of Regulation” section above on enforcement of regulations against offshore OCC TV service providers.
Pharmaceutical
- SCAP contains guidelines for medicinal and related products containing health claims.
- The phrase “recommended by the Medical Profession” or any other similar representation or implication of such recommendation is prohibited.
- General medical claims (e.g. cure, prevention of ageing) should not be used or implied in advertisements.
- There is a list of medical conditions (including cancer, dermatitis and hypertension) for which related products may not be advertised.
- There are no OCC TV-specific restrictions on advertisements for pharmaceuticals.
- Please see the comments in the “Overview of Regulation” section above on enforcement of regulations against offshore OCC TV service providers.
Gambling
- The TRAS Code prohibits advertisements that promote gambling.
- Public service messages on or related to gambling are allowed.
- There are no OCC TV-specific restrictions on advertisements for gambling.
- Advertisements relating to gambling may offend the Common Gaming Houses Act (Cap 49) or the Remote Gambling Act 2014.
Claims
- The general principle under the TRAS Code is that advertisements must be truthful and lawful. In particular, claims used should not be misleading or highly exaggerated.
- Claims and comparisons must be capable of substantiation.
- SCAP also highlights that research results or other statistics should not be misused or misrepresented in a way that implies greater validity they really have.
- There are no OCC TV-specific restrictions on the use of claims in advertisements.
- Please see the comments in the “Overview of Regulation” section above on enforcement of regulations against offshore OCC TV service providers.
Food & Beverages
- SCAP provides that advertisements should not actively encourage children to eat excessively throughout the day or to replace main meals with confectionery or snack foods.
- ASAS’ Children’s Code for Advertising Food and Beverage Products also applies. All food and beverage products promoted in marketing communications that are primarily addressed to children in any media must meet the common nutrition criteria endorsed by the Health Promotion Board.
- There are no OCC TV-specific restrictions on food & beverage advertisements.
- Please see the comments in the “Overview of Regulation” section above on enforcement of regulations against offshore OCC TV service providers.
Personal hygiene / Sanitary (including Condoms)
- The TRAS Code does not allow advertisements that feature or make references to condoms and other forms of contraception to be broadcast on TV.
- Public service messages on or related to condoms and other forms of contraception are allowed if specifically approved by the IMDA.
- There are no OCC TV-specific restrictions on the advertisement of personal hygiene / sanitary products.
- However, SCAP further advises that condom advertisements should: (a) be in good taste; (b) not promote promiscuity; (c) not include pack shots if they are suggestive or offensive; (d) not have erotic settings; (e) not include superlative claims; and (f) focus on the protective function rather than the pleasure-enhancing aspect of condoms.
Tobacco
- The Tobacco (Control of Advertisements and Sale) Act (Cap. 309) and the TRAS Code prohibit advertisements for tobacco products or imitation tobacco products (including e-cigarettes (e.g. vaping)) and advertisements that make references to smoking unless they are public service messages by the relevant government agencies.
- References to brand names of tobacco companies in association with other products are also prohibited unless prior approval is given by the relevant government authorities.
- There are no OCC TV-specific restrictions on the advertisement of tobacco products.
- However, the Tobacco (Control of Advertisements and Sale) Act (Cap. 309) regulates and prohibits the publication of any advertisements relating to tobacco products or imitation tobacco product (including e-cigarettes (e.g. vaping)) in Singapore.
Children
- The TRAS Code advises that particular care be taken when advertising to children, defined as those aged 14 years and under, as they are imitative and less able to distinguish between fact and fiction.
- In particular, advertisements should not: (a) promote unwholesome values and behaviour to children; (b) contain any visuals, effects or words that might result in harm to them; (c) contain any portrayals or descriptions of dangerous or harmful behaviour that can be easily imitated by children in a manner that is likely to result in physical or mental harm; and (d) contain any portrayals or descriptions of children doing acts which might endanger themselves or others.
- Advertisements targeting children must not feature skimpily clad men or women from 6:00AM to 10:00PM.
- Advertisements should not exploit the natural credulity of children and should not strain their sense of loyalty.
- Advertisements addressed to or likely to influence children should not contain anything that might result in harming them mentally, morally or physically.
- Advertisements should not promote a lifestyle that is promiscuous or that denigrates or is detrimental to family values.
- There are no OCC TV-specific restrictions on advertising to children.
- Please see the comments in the “Overview of Regulation” section above on enforcement of regulations against offshore OCC TV service providers.
Women
- There are no specific regulations or restrictions on advertisements targeting women.
Property
- SCAP states that advertisements for real property, whether located locally or abroad, whether for sale or for rent, should not mislead or exaggerate on such matters as (a) the land itself and any buildings erected or to be erected thereon; (b) the physical nature – including furnishings and amenities – and appearance of buildings and flats, and their surroundings; (c) the legal title and formalities; (d) rights and easement of any kind; (e) planning, building and sanitary requirements; (f) taxes, rates and other costs; and (g) the price, terms of payment and load facilities.
- There are no OCC TV-specific restrictions on property advertisements.
- Please see the comments in the “Overview of Regulation” section above on enforcement of regulations against offshore OCC TV service providers.
Country-Specific Information
- Advertisements should generally not directly or indirectly disrupt racial and religious harmony in Singapore.
- Moral standards should be adhered to and advertisements should not promote or justify behaviours such as promiscuity, homosexuality, juvenile delinquency and drug abuse.
- Advertisements for cinematic movies rated R21 and arts / theatrical performances rated R18 should not be broadcast.
- Political advertising is not permitted.
- Advertisements that play on fear and superstition are prohibited.
- Advertisements on death-related and undertaker services may only be broadcast between 11:00PM and 6:00AM, unless specifically approved by the IMDA. Such advertisements must be:
- Subtle, tasteful and not offend viewers or have explicit references to morbid details;
- Scheduled carefully to ensure that they are spaced apart and not concentrated in a single time block;
- Directed at the appropriate audiences; and
- Avoid religious overtones.
- Advertisements for chatline and dating services are prohibited on broadcast media.
- Advertisements containing dialect are not to be broadcast, unless approved by the IMDA (however, commonly used dialect terms such as “ang ku kueh” or “kopi gao” may still be used if the Mandarin equivalent term is not widely understood).
Useful Links:
Info-communications Media Development Authority
Television and Radio Advertising and Sponsorship Code
Content Code For Nationwide Managed Transmission Linear Television Services
Content Code For Over-The-Top, Video-On-Demand and Niche Services
- Please see the comments in the “Overview of Regulation” section above on enforcement of regulations against offshore OCC TV service providers.
Useful Links:
Knowledge Partner
Tel: +65 9730 1190
7 Straits View
Marina One East Tower, #19-01
Singapore 018936CMS Cameron McKenna Nabarro Olswang LLP and Holborn Law LLC are registered as a Formal Law Alliance in Singapore under the name CMS Holborn Asia. Where advice on Singapore law is required, such advice will be provided by Holborn Law LLC as appropriate. CMS Holborn Asia is recognised for its deep industry expertise in the media and entertainment space, advising fast-growth companies through to global technology, media and communications companies and governments on business and law in Asia. It numbers amongst its clients such household names as A+E Networks, BBC Worldwide, CNBC, Dentsu Aegis, Microsoft, NBCUniversal, The Walt Disney Company and Xiaomi.
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Pay TVOCC TV
General
Overview of Regulation
- Korea’s “Regulations on Evaluation of Broadcast Advertising” regulate general matters concerning broadcast advertising.
- Korea’s “Regulations on Evaluation of Broadcast Advertising” do not apply to OCC services yet, and there is no separate regulation/restriction on advertisements in relation to OCC services.
What will be changing?
- Currently, there is no concrete legislation relating to OCC TV advertisement; however, under the premise that OCC service is similar to broadcasting services, discussions have continued to take place to apply the Broadcasting Act to OCC businesses, and it appears that the amendment of the relevant Broadcasting Act and the new establishment of an Integrated Broadcasting Act are being prepared as well.
Regulatory Bodies
- Regulatory bodies have been reorganized, with the Korea Communications Commission (KCC) remaining responsible for broadcast advertising.
- Regulations on media representatives are being restructured. In the past the Korean Broadcast Advertising Commission (KOBACO) was deputized by the KCC as the sole mediator between advertising agencies and the media. (Other sales agents for terrestrial advertising are now permitted.)
- Unregulated.
Advertising per hour
- Since 1 July 2015, the following “Advertisement Cap System” applies:
- maximum cap on the total duration of advertisements aired, regardless of the type of advertisement; advertisements may be aired up to 17% per program duration on average, but no more than 20% of the program duration;
- in respect of program ads (i.e., ads aired during the program), no more than 1 minute of ads per each airing of the program; the number of times a program ad may be aired may vary depending on the length of the program.
- Unregulated.
Revenue Restrictions
- No restrictions.
- Unregulated.
Product Placement
- Conditionally Permitted. Relevant conditions are as follows:
- Indirect advertisements are permitted in general arts and entertainment broadcasting programs as long as a caption notifying such indirect advertisement is included.
- The duration of the indirect advertisement should not exceed 7/100 of the time of the broadcast program.
- The size of the commercial caption (a logo identifiable to a product as a result of the indirect advertisement) shall not exceed 1/4 of the screen. However, if the caption is to appear on a portable multi-media medium the size of such caption shall not exceed 1/3 of the screen.
- Unregulated.
Foreign Commercials
- Allowed.
- Foreign retransmitted channels on pay TV may not include ads aimed at the Korean market specifically.
- Unregulated.
Govt Levy
- None, although there is a commission payable by terrestrial broadcasting companies to KOBACO (or other agent) for broadcast advertising.
- General Service Program Providers (“jonghap-pyunsung” Program Providers”) pay commission fees between 15% to 19% of the ad revenues generated by advertising sales agencies (including KOBACO) to KOBACO.
- Unregulated.
PSAs
- Aired by KOBACO.
- Other players not yet subject to regulation.
- Unregulated.
Product Specific
Alcohol
- Highly regulated.
- Alcoholic beverages containing 17% or more alcohol cannot be advertised.
- Alcoholic beverages containing less than 17% alcohol cannot be advertised between 7:00AM-10:00PM.
- Actors in TV ads must be 19 years or older. Also, they should not depict an adolescent or a juvenile, whether in appearance or voice.
- Unregulated.
Pharmaceutical
- No time restriction.
- Raw material pharmaceuticals (i.e., used to manufacture general pharmaceutical products) and prescription drugs (but excluding vaccines) are prohibited.
- General pharmaceutical products may be advertised after obtaining approval from the Korea Pharmaceutical Manufacturers Association.
- Unregulated.
Gambling
- Prohibited.
- Unregulated.
Claims
- Must be substantiated.
- Comparative advertising generally allowed, but unsubstantiated or unfair comparative ads are subject to sanctions from the Korea Fair Trade Act.
- Unregulated.
Food & Beverages
- Regulated. Prohibited products are manufactured powdered milk, manufactured milk and nursing bottles.
- Unregulated.
Personal hygiene / Sanitary (including Condoms)
- Female hygiene products and contraceptives are permitted.
- No regulation expressly prohibits condom advertisements but obtaining approval (which is required for condom ads) from the Korean Food and Drug Administration (KFDA) may be difficult in practice.
- Unregulated.
Tobacco
- Prohibited.
- Unregulated.
Children
- Junk food ads and ads for high-caffeine drinks should not be screened between 5:00PM and 7:00PM, or on programs that mainly target children.
- No advertising of free toys and other products when advertising child food products.
- No advertising of pharmaceutical products for children, caller-paid information services, or materials designated as harmful to children by the Commission on Youth Protection before, during, or after the program.
- Ads featuring characters of programs targeted for children must be aired during the program or before/after the program, so as to prevent children from mistaking the ads as regular programs. This does not apply to public service ads.
- No regulations under the Broadcasting Act apply. However, the Act on the Promotion of Information and Communications Network Utilization and Information Protection prohibits such services from transmitting advertisements involving materials harmful to minors.
Women
- Broadcast advertising should portray gender in a balanced and equal way, and should not make distortions such as negative, ludicrous or aversive portrayal of specific gender or encouragement of any stereotype (newly enacted).
- Unregulated.
Property
- In case of broadcast advertising related to real estate (e.g., land, buildings etc), encouragement of speculation or use of unclear/uncertain expressions is prohibited.
- Advertisement on parcelling out/selling land shall clearly specify the operator, constructor and seller, and provide information on the location of the land to be parcelled out/sold.
- When advertising profits or rates of return for profitable real estate, the calculation method, etc. shall be included in the advertisement.
- Unregulated.
Country-Specific Information
Knowledge Partner
Tel: +82-2-3479-7519
Barun Law Bldg.
92 gil 7,Teheran-ro, Gangnam-gu
Seoul 06181 KoreaBarun Law is Korea’s fastest-growing and most dynamic full-service law firm. Founded in 1998 and named after the Korean word for righteous or just, Barun Law has quickly taken its place among Korea’s top, full-service law firms. Conveniently located in Seoul’s Gangnam Business District, next to one of Asia’s largest and most prestigious convention center complexes, Barun Law is comprised of approximately 200 attorneys who, together with highly qualified support staff, provide a full range of legal services. Barun Law has a plethora of experience representing many of the largest and most prominent companies in Korea and the world, financial institutions and funds, growing companies and foreign governments.
The firm’s partners include some of the most prominent and well-respected members of the Korean Bar, while a sophisticated and highly experienced team of foreign lawyers adds international sophistication and recognized expertise, creating a substantial comfort factor for international clients.
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Pay TVOCC TV
General
Overview of Regulation
In terms of the Finance Act No. 11 of 2006 (Finance Act) and the Finance (Teledrama, Films and Commercial Levy) Regulation No. 01 of 2017 (Regulation) a Teledrama, Film and Commercials Levy is charged from every institution licensed under the Sri Lanka Rupavahini Corporation Act, No. 6 of 1982 (SLRC Act) on commercials, made and/or filmed outside Sri Lanka. The Ministry of Information and Mass Media (MIMM) collects the levy imposed by the Regulation.
For the purposes of this matrix, we assume that pay TV means the broadcasting of television channels through a television broadcasting station where customers have to pay a subscription to view a channel broadcast by that television broadcasting station. If such pay TV provider establishes a broadcasting station in Sri Lanka, they will be required to obtain a licence under the SLRC Act from the Sri Lanka Rupavahini Corporation.
In such an event, the licensed pay TV provider will be subject to the Regulation.
The regulation also states that all foreign teledrama, films and commercials require a certificate of clearance issued by the secretary to the MIMM which may be refused on the basis of such teledrama, film or commercial being obnoxious. A panel is set up through the Regulation to hear an appeal of any aggrieved party of whom such decision is made.
However such a levy will only apply to a teledrama, film or commercial that is made and/or filmed outside Sri Lanka and bought or imported into Sri Lanka for the purpose of being telecast.
Further, there are industry specific restrictions and limitations applicable on advertising in relation to certain products such as tobacco, alcohol, medicine and food.
What will be changing?
The National Medicines Regulatory Authority has published “Guidelines On Advertisements of Medicine” and for public comment on their guidelines. We are currently unaware whether the these guidelines have been implemented and if not, when these guidelines will be implemented.
The National Child Protection Authority has proposed to introduce guidelines on the use of children in television reality shows, commercials and in the voicing of TV commercials. These guidelines were expected to be implemented in December 2020. However, as far as we are aware, these guidelines have not yet been implemented.
We understand that the term OCC refers to Online Curated Content, i.e. content which is both curated and delivered by the responsible industry, e.g. Netflix, Disney+. Therefore, we assume that the OCC TV provider will not have any broadcasting station or a place of business in Sri Lanka.
As OCC TV providers will not have a television broadcasting station in Sri Lanka, such operators are not required to obtain a licence under the SLRC Act.
The levy charged under the Regulation is charged from institutions that have obtained a licence under the SLRC Act. As OCC TV providers do not require a licence under the SLRC Act, they are not subject to the levy charged under the Finance Act and the Regulation.
Regulatory Bodies
The MIMM collects the levy imposed by the Regulation.
The secretary to the MIMM issues the certificate of clearance required of all foreign teledrama, films and commercials, as stated under the Regulation.
So long as OCC TV providers do not establish a television broadcasting station in Sri Lanka, such OCC
TV providers will not be regulated under the Regulations and will not be subject to the restrictions/limitations imposed thereunder.Advertising per hour
There are no restrictions on minutage.
Revenue Restrictions
There are no restrictions on revenue.
Product Placement
There are no regulations on product placements.
Foreign Commercials
Under the Finance Act and Regulation, commercials made and/or filmed outside Sri Lanka and bought or imported into Sri Lanka for the purpose of being telecast, is charged a Teledrama, Film and Commercials Levy at a rate in relation to the duration of the commercial, as specified by the Minister of Finance.
However, such levy will only apply to a teledrama, film or commercial that is made and/or filmed outside Sri Lanka and bought or imported into Sri Lanka for the purpose of being telecast.
Therefore, foreign commercials broadcasted by a pay TV provider will be subject to the said levy.
Further, as stated above, the foreign commercial will also be required to obtain a certificate of clearance from the secretary to the MIMM.
As OCC TV providers are not required to obtain a licence under the SLRC Act, OCC TV providers are not subject to the Teledrama, Film and Commercials Levy imposed under the Finance Act.
Govt Levy
There is no other levy apart from the Teledrama, Films and Commercial Levy.
There is no other levy applicable.
PSAs
There are no requirements for public service announcements.
Product Specific
Alcohol
In terms of the National Authority on Tobacco and Alcohol Act, No. 27 of 2006 (National Authority on Tobacco and Alcohol Act) it is prohibited to publish, cause to publish, or authorize the publication of, a tobacco or an alcohol advertisement.
However, it is not a contravention of the aforesaid prohibition to transmit or broadcast, to Sri Lanka from outside Sri Lanka a tobacco or an alcohol advertisement or any television program or radio program containing a tobacco advertisement or alcohol advertisement, unless such transmission or broadcast is intended to be seen or heard, as the case may be, only or mainly by viewers or listeners in Sri Lanka.
The National Authority on Tobacco and Alcohol Act does not prohibit the transmission or broadcast to Sri Lanka from outside Sri Lanka a tobacco or alcohol advertisement or any television program or radio program containing a tobacco or alcohol advertisement, unless the transmission or broadcast, is intended to be seen or heard only or mainly by viewers or listeners in Sri Lanka.
Therefore, if OCC TV operators do not broadcast a tobacco or alcohol advertisement that is intended to be seen or heard only or mainly by viewers or listeners in Sri Lanka, there will be no prohibition of such advertisement in terms of the National Authority on Tobacco and Alcohol Act.
However, enforcing the National Authority on Tobacco and Alcohol Act to advertisers or OCC TV operators outside Sri Lanka will have difficulty unless the advertisers or OCC TV operator has a place of business in Sri Lanka.
Pharmaceutical
In terms of the National Medicines Regulatory Authority Act No. 05 of 2015 (Medical Act), no person must advertise any medicine, medical device or any borderline products[1] in a manner that is false, misleading, deceptive or likely to create an erroneous impression regarding efficacy, quality, composition or safety. Further, the prior written approval of the National Medical Regulatory Authority is required for the advertising of any medicine or medical device.
The restrictions imposed on advertising medicines, medical devices or borderline products by the Medical Act are applicable to the person that is advertising such products and does not affect the person broadcasting or publishing such advertisements. Therefore, the restrictions imposed by the Medical Act will not affect pay TV providers.
What will be changing?
We do not anticipate any changes in relation to the restrictions imposed under the Medical Act with regard to the advertising pharmaceutical products.
However, the National Medicines Regulatory Authority has published a document titled “Guidelines On Advertisements of Medicine” and has called for public comment on their guidelines. We are not aware that these guidelines are being implemented but may be adopted later on by the National Medicines Regulatory Authority. The guidelines can be accessed through their website.
[1] The borderline product means the products having combined characteristics of medicines and foods, medicines and medical devices or medicines and cosmetics.
The restrictions imposed on advertising medicines, medical devices or borderline products by the Medical Act are applicable to the person that is advertising such products and do not affect the person broadcasting or publishing such advertisements. Therefore, the restrictions imposed by the Medical Act will not affect OCC TV providers.
Gambling
There are no regulations on gambling.
Claims
The Consumer Affairs Authority Act No.9 of 2003 (CAA Act) states that, any trader who, in the course of a trade or business, in connection with the supply or possible supply of goods or services or in connection with the promotion by any means of the supply or use of goods or services falsely represents inter alia that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model or falsely represent that goods are new, will be guilty of an offence.
Additionally, the Food (Labelling and Advertising) Regulations 2005 made under the Food Act No. of 1980 (Food Act) (Food Labelling Regulation) also impose restrictions on advertisements of any food product having claims such as that the food product has special characteristics, false claims or misleading descriptions or contain the words that it is recommended or suggests that it is recommended by a medical practitioner.
You may however note that the restrictions imposed by the CAA Act and the Food Labelling Regulations are not applicable to pay TV providers.
The restrictions imposed by the CAA Act and the Food Labelling Regulations are not applicable to OCC TV providers.
Food & Beverages
There are no specific restrictions applicable to the persons broadcasting advertisements on food and beverages in Sri Lanka. However, the Food Act No. 26 of 1980 (Food Act) and the regulations made thereunder set out certain restrictions in relation to the advertisements of food and beverages products. These restrictions are not applicable to pay TV or OCC TV providers.
Personal hygiene / Sanitary (including Condoms)
Please refer to our discussion under pharmaceutical products.
Tobacco
Please refer to our discussion under alcohol products.
Children
There are no specific regulations in relation to advertisement targeting children or of children’s products.
What will be changing?
The National Child Protection Authority has proposed to introduce guidelines on the use of children in television reality shows, commercials and in the voicing of TV commercials. These guidelines are expected to be implemented in December 2020 and they will include a mechanism to monitor and regulate television commercials that feature children.
There are no specific regulations in relation to advertisement targeting children or of children’s products.
Women
There are no specific regulations in relation to advertisement targeting women or of women’s products.
Property
There are no specific regulations in relation to advertisement of property.
Country-Specific Information
Knowledge Partner
Tel: +94 11 4 605 100
216 de Saram Place
Colombo 10 Sri LankaFJ&G de Saram was established in the year 1841 and is a top-tier law firm in Sri Lanka. The Firm is a full-service firm, specializing in corporate and commercial law so well that its legal advice is often the first-sought for complex matters that require an innovative approach. FJ&G de Saram is also constantly engaged with Sri Lankan top matters, such as precedent-setting and managing sophisticated transactions in all financial, corporate and sector-specific areas.
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Pay TVOCC TV
General
Overview of Regulation
- The Cable, Radio and TV Act governs TV advertising. Commercials must be pre-approved by the relevant government department which may require advertisers to conform to additional laws, particularly with regard to the protection of children and women.
General Principles
- Advertising must not violate laws; impair the physical or mental health of children or juveniles; disrupt public order or adversely affect social custom. A tough stance is taken towards misleading advertising techniques, especially in the case of pharmaceutical products and services, where wrong or erroneous information may jeopardize a consumer’s wellbeing or health.
- Not yet regulated.
What will be changing?
- The Draft of the Internet Audiovisual Media Service Act, which focuses on the regulation of OCC TV, has been outlined in the white paper issued by the NCC in February, 2020. However, the NCC has not announced the detailed provisions thereof and there is no clear time frame for this act to be enacted.
Regulatory Bodies
- The National Communications Commission (NCC) regulates mass media.
- The Taipei Association of Advertising Agencies (TAAA) provides the guidelines for self-regulation.
- Not yet regulated.
Advertising per hour
- 1/6 program time, of which on-air promo cannot exceed 1/10 of total commercial time.
- Not yet regulated.
Revenue Restrictions
- No regulations/restrictions exist.
- Not yet regulated.
Product Placement
- NCC permits commercial product placement for programs except in the case of news. However, the product has to be presented naturally and TV businesses cannot influence the independence of editing or encourage consumption directly. Policy advocacy must be clearly identified as advertising and separated from programming.
- Not yet regulated.
Foreign Commercials
- In theory, must be approved beforehand by the central regulatory agency. However, it is not clear whether this requirement is strictly enforced.
- Not yet regulated.
Govt Levy
- 1% annual revenue of system operators.
- Not yet regulated.
PSAs
- No requirements to broadcast Public Service Announcements.
- Not yet regulated.
Product Specific
Alcohol
- All advertisements must carry the warning caption in Chinese stating, “EXCESSIVE DRINKING IS HAZARDOUS TO LIFE.”
- No TV advertising of alcohol permitted between 6:00AM – 9:00 PM.
- All advertisements must carry the warning caption in Chinese stating, “EXCESSIVE DRINKING IS HAZARDOUS TO LIFE.”
Pharmaceutical
- Subject to Food and Drug Administration approval on an annual basis.
- As for pay TV.
Gambling
- Gambling is a crime in Taiwan, except for the lotteries run by the financial institutions under due authorization of the government. Therefore, only the latter can be advertised.
- As for pay TV.
Claims
- Subject to approval.
- As for pay TV.
Food & Beverages
- Food and beverage shall not be labelled, promoted or advertised as having medical efficacy in a false, exaggerated or misleading way.
- Advertising of food inappropriate for long-term consumption by children (e.g. high fat, high sugar) shall not be: broadcast on children’s channels between 5:00PM-9:00PM; the subject of a suggestion that such food can be a substitution for meals; nor promoted with toys.
- Food and beverage shall not be labelled, promoted or advertised as having medical efficacy in a false, exaggerated or misleading way.
Personal hygiene / Sanitary (including Condoms)
- Contraceptive advertising subject to Food and Drug Administration approval.
- As for pay TV.
Tobacco
- Prohibited.
Children
- Relies on self-regulation.
- Children shall not perform in alcohol TV advertising.
- Relies on self-regulation.
Women
- No regulations/restrictions exist, other than the requirement to avoid sexual words in advertisements.
- There are no specific regulations governing OCC TV services, but the NCC may apply the rules regulating pay TV.
Property
- No special restriction.
- As for pay TV.
Country-Specific Information
- China produced advertisements and China products & services advertisements are prohibited from advertising.
- All ads must use traditional Chinese characters.
- According to Article 10 of the Special Act for Prevention, Relief and Revitalization Measures for Severe Pneumonia with Novel Pathogens, when radio/TV businesses or satellite broadcasting businesses are assigned to broadcast disease prevention information, or programs due to disease prevention requirements in the operation period of the Central Epidemic Command Center, the NCC may relax regulations on the duration of advertisement based on the conditions of the impact; in such cases, the restrictions specified in Article 31 of the Radio and TV Act and Article 36 of the Satellite Broadcasting Act shall not apply. The NCC has announced the relaxation of the current duration requirement of advertisement based on the said Article 10 until 30 June 2021.
Useful Links:
Taipei Association of Advertising Agencies (TAAA)
(Chinese version here.)NCC Taiwan
(Chinese version here. English version here.)Satellite Broadcasting Rules (衛星廣播電視法) in Chinese
Satellite Broadcasting Rules (衛星廣播電視法) in English
Radio and TV Act (廣播電視法) in Chinese
Radio and TV Act (廣播電視法) in English
- As for pay TV, except that Article 10 of the Special Act for Prevention, Relief and Revitalization Measures for Severe Pneumonia with Novel Pathogens does not apply to OCC TV.
Useful Links:
Taipei Association of Advertising Agencies (TAAA)
(Chinese version here.)NCC Taiwan
(Chinese version here. English version here.)Knowledge Partner
Tel: +886-2-27638000 ext. 2230
Tel: +886-2-27638000 ext. 2214
8F, No. 555
Sec. 4, Zhongxiao E. Rd.
Taipei, Taiwan 11072, R.O.C.Lee and Li is a full-service law firm who is constantly refining and expanding practice areas in response to the rapid developments in telecom and media market. Over the decades, Lee and Li has built the largest intellectual property right practices in Taiwan, and have been involved in the phenomenal growth of foreign direct investment since 1970s.
With the rise of the new communications technologies and the Internet technology, Lee and Li’s clients also include well-known social network software, OTT, mobile App and online game operators. Lee and Li continuously focus on the developments of the law regarding the telecom and media sector and are confident that it can provide the clients with the latest viewpoint of the competent authority.
Among others, as Lee and Li have several team members who had served in the competent authority of broadcasting, NCC, and major telecom/broadcasting players, Lee and Li not only has strong connection with those stakeholders but also has capacity and industrial knowledge to handle the most updated legal issues arising from the new business models or services to be launched.
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Pay TVOCC TV
General
Overview of Regulation
- The Advertising Association of Thailand (AAT) provides regulations which are in accordance with relevant acts such as the Thai Broadcasting Act.
General Principles
There are general strictures against the following:
- Statements which are false or exaggerated;
- Statements, supported by false or exaggerated interpretation of reports or data, which mislead as to the benefits of advertised goods or services;
- Statements which directly or indirectly encourage unlawful or immoral acts, or adversely affect the national culture;
- Statements which will cause disunity or adversely affect public unity.
- The Consumer Protection Board is the government regulator of the Consumer Protection Act B.E.2522 (1979), as amended.
General Principles
- No specific regulation of advertising on OCC services. Laws of general application apply, although we are not aware of enforcement against offshore providers of OCC services.
- The AAT Code extends to advertising on online content services.
Regulatory Bodies
- The AAT is the governing body in charge of advertising self-regulation with its own Code of Ethics. This Code sets widely-observed industry standards; AAT members are required to observe it, and major broadcasters also follow it.
- The Consumer Protection Board is the government regulator of the Consumer Protection Act B.E.2522 (1979).
- The AAT Code extends to advertising on online content services.
- The Consumer Protection Board is the government regulator of the Consumer Protection Act B.E.2522 (1979), as amended.
Advertising per hour
- Pay TV: total ad minutes must not exceed 6 minutes per hour, but not exceed 5 minutes per hour on average per day.
- The commercial break minutage (ad minutes) on FTA TV is restricted to 12 and a half minutes per hour, but may not exceed 10 minutes per hour on average per day.
- The higher FTA limit applies to free satellite channels. With regard to pay satellite channels, there is a substantial “grey area” among satellite channels where payment of a box fee, but perhaps not a subscription fee, is required.
- No regulations/restrictions exist.
Revenue Restrictions
- No regulations/restrictions exist.
Product Placement
- No regulations/restrictions exist.
Foreign Commercials
- No regulations/restrictions exist.
Govt Levy
- 4% of gross revenue.
- No regulations/restrictions exist.
PSAs
- No regulations/restrictions exist.
Product Specific
Alcohol
- Extensively restricted under the Alcohol Control Act B.E. 2551 (2008).
- Ads may only be shown for the purpose of giving information / creative knowledge without displaying pictures of the products or packages, except for the display of the beverage and manufacturing company’s logos in accordance with the Ministerial Regulations. This does not apply to ads originating outside Thailand.
- Alcohol ads may only be screened during 10:00PM –5:00AM.
- No specific regulations for OCC services. In principle, the Alcohol Control Act requires the same restrictions as for pay TV, other than advertising time restriction.
Pharmaceutical
- Copy must be approved by the Thai FDA.
- Must adhere to the Drug Act B.E.2510 (1967), as amended.
- Besides giving false representation, an ad for the sale of a drug may not:
– cause to be understood that it is an abortifacient or a strong emmenagogue; or an aphrodisiac or a birth control drug;
– show the therapeutic properties of a dangerous or a specially-controlled drug.
– No sale of drugs shall be advertised impolitely, or by means of singing and dancing, or by showing the distress or suffering of a patient. - No sale of drugs shall be advertised by means of a gift or lottery drawing.
- No specific regulations for OCC services. In principle, the Drug Act requires the same restrictions as for pay TV.
Gambling
- Restrictions apply. Games/gambling activities as prohibited under the Gambling Act of B.E. 2478 (1935) are not allowed to advertise.
- No specific regulations for OCC services. In principle, the Gambling Act requires the same restrictions as for pay TV.
Claims
- Substantiation must be provided upon request under the Consumer Protection Act.
- No specific regulations for OCC services. In principle, the Consumer Protection Act requires the same restrictions as for pay TV.
Food & Beverages
- Subject to Thai FDA approval. Copy must be approved beforehand under the Food Act B.E. 2522 (1979).
- Ads for energy drinks may not be screened between 10:00PM and 5:00AM. They must also contain warnings to consumers that they should not drink more than two bottles a day.
- No specific regulations for OCC. In principle, the Food Act requires the same restrictions as for pay TV.
Personal hygiene / Sanitary (including Condoms)
- Must adhere to the Cosmetics Act B.E. 2535 (1992).
- No specific regulations for OCC. In principle, the Cosmetics Act requires the same restrictions as for pay TV.
Tobacco
- Prohibited.
- Live broadcasts from abroad are exempt from this rule.
- No specific regulations for OCC. Same restrictions as for pay TV.
Children
- No specific legislation. However, the AAT requires its members to observe Thai Advertising Code of Ethics’ Statement No. 10: “Should not create advertising that may be harmful to youth by taking advantage of their lack of knowledge to exploit and abuse them.”
- No specific regulations for OCC. Same practices as for pay TV.
Women
- No regulations/restrictions exist.
Property
- No regulations/restrictions exist.
Country-Specific Information
- Ads must not contain elements that denigrate or insult the King or other heads of states.
- Ads should never insult or defame any religion or sacred person, place or thing.
- All advertisements must follow the “Consumer Protection Act, B.E. 2522 (1979), as amended.
Useful Links:
Office of the Consumer Protection Board, Thailand
- Same restrictions as for pay TV.
Knowledge Partner
Tel: +662 256-6311
16th Floor, GPF Witthayu Tower A
93/1 Wireless Road
Lumpini, Pathumwan
Bangkok 10330, ThailandEstablished in 1975. Vickery & Worachai Ltd. is a broad-based commercial and business law firm advising clients doing business in Thailand in corporation, taxation, merger, acquisition, reorganization, restructuring, expatriate formalities, employment, intellectual properties, broadcasting, telecommunications, power, utilities, construction, government contract, project finance, arbitration, litigations, disputed resolutions. It is a member of the International Lawyers’ Group.
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Pay TVOCC TV
General
Overview of Regulation
- All advertising activities in Vietnam are governed by the Law on Advertising (2012, amended and supplemented in 2018). Detailed regulations for implementation of the Law on Advertising were issued under Decree 181/2013/ND-CP (2013, amended and supplemented in 2017, 2018 and 2019) and Circular 10/2013/TT-BVHTTDL (2013, amended and supplemented in 2018). Violations of advertising regulations shall be subject to, as applicable, administrative sanctions provided for under Decree 158/2013/ND-CP (2013, amended and supplemented in 2017), criminal charges under the Criminal Code and payment of damages as applicable.
General Principles
- All designed laws, decrees and circulars have emphasized the importance of doing no harm to the ideals or morals of the Vietnamese people. References to the State and its symbols in advertising are not permitted. Using the map of Vietnam that fails to show the entire territory is prohibited.
- Most of the general advertising regulations are applicable to pay TV. No regulations are specifically applicable to pay TV, except where clearly indicated below.
On 9 May 2017, the Prime Minister issued Directive 17/CT-TTg requesting relevant Ministries and leaders of local governments to strengthen their management and rectify advertising activities. Accordingly, the following advertising activities (in relation to pay TV and OCC TV) shall be strictly governed and enforced: advertising on the internet; advertisements that are contrary to Vietnam’s culture, ethics and traditional customs or affect the health and safety of consumers; advertisements of medicines, milk and nutritional food for infants, food and functional foods, cosmetics, pesticides, fertilizers and bio-products for crop production and animal husbandry, etc.
In July 2018, the Ministry of Information and Communication (MIC) released a Draft Decree amending and supplementing some articles of Decree No. 06/2016/ND-CP regulating the management, provision and utilisation of radio and TV services. The latest version of the Draft Decree was released on 13 February 2019.
- Most of the general advertising regulations are applicable to OCC TV. No regulations are specifically applicable to OCC TV, except where clearly indicated below.
- General regulations (that is, the Law on Advertising 2013 and related regulations) apply and are enforced against both local and offshore online services.
Regulatory Bodies
- The Ministry of Culture, Sports and Tourism is the main regulator for advertising activities.
- Certain ministries (eg. Ministry of Health, Ministry of Information and Communication etc.), co-operate with the Ministry of Culture, Sports and Tourism in the administration of advertising activities in their respective sectors and functions.
- In addition, local People’s Committees (local administrative authorities) at all levels (i.e. provincial, municipal, district-level) carry out the State administration of advertising activities within their respective localities in accordance with their respective authorities.
- As for pay TV.
Advertising per hour
- Spoken media or visual media: not to exceed 10% of the total duration of programs broadcast on any one day, excluding advertisements on specialised advertising programs/channels.
- Pay TV: not to exceed 5% of the total duration of programs broadcast on any one day, excluding specialized advertising programs/channels.
- Feature film programs: maximum of 2 advertising breaks permitted, with each break not to exceed 5 minutes.
- Entertainment programs: maximum of 4 advertising breaks permitted, with each break not to exceed 5 minutes.
Advertisements are not permitted within news programs or live radio or TV programs showing special political events or ceremonies of nationally important events.
- No regulations specifically applicable to OCC TV. General regulations still apply as for pay TV (other than the limitation on duration of advertising).
Revenue Restrictions
- No regulations/restrictions on maximum revenues that a broadcasting agency (eg. TV station, radio station, magazine etc.) can derive from advertising.
- No regulations specifically applicable to OCC TV.
Product Placement
- No specific regulations/restrictions exist. In practice, product placement is quite rampant. (Under a strict interpretation of the rules, advertising limits would extend to product placement, but this has not been enforced.)
- No regulations specifically applicable to OCC TV.
Foreign Commercials
- All advertisement content must be in Vietnamese, except for (i) trademarks, slogans, trade names and other international words which cannot be translated or changed into Vietnamese; (ii) newspaper, websites and publications which are licensed to be published in foreign languages; or (iii) radio and TV programs in foreign languages.
- If an advertisement is in both Vietnamese and a foreign language: the size of the foreign language is not to be larger than 3/4 of the Vietnamese’s size and is to be placed under the Vietnamese word. If the advertisement is presented in visual or audio-visual form, the Vietnamese version is required to precede the foreign language version (e.g. must be shown or read first).
- The regulations of Decree 06/2016/NĐ-CP regarding pay TV include a requirement that all advertising be produced in Vietnam. Advertisements on pay TV must not include installed advertising information already installed from foreign programs/channels. However, this rule has not yet been strictly enforced.
What will be changing?
In the first version of the Draft Decree mentioned above, foreign channels are divided into two types:
- a) For foreign channels for which royalties for copyrighted contents are not charged: must not include installed advertising information already installed from foreign programs/channels. All advertising produced in Vietnam must not include installed advertising information already installed from foreign programs/channels (same as current regulations)
- b) For foreign channels for which royalties for copyrighted contents are charged: must not include any advertisements in any form.
However, the latest Draft Decree no longer divides foreign channels into two types, and reverts to current regulations with some amended wording.
- No regulations specifically applicable to OCC TV. General regulations apply as for pay TV.
Govt Levy
- No regulations/restrictions exist.
PSAs
- No regulations/restrictions exist.
- The Law on Advertising is applicable to advertisements of services/products regardless of the purpose for profit or not. There is no separate regulation governing public service announcements (PSAs). PSAs may be treated as other regular advertisements under the Law on Advertising, i.e. all the above conditions are applicable to PSAs.
- No regulations specifically applicable to OCC TV. General regulations apply as for pay TV.
Product Specific
Alcohol
- Highly regulated.
- Advertising alcohol with a concentration of alcohol of 15% or more is prohibited.
- For those alcoholic products which are permitted to be advertised, the advertisements are subject to the same requirements and conditions applicable to other regular products. (See also under “Food and Beverage” below.)
- No regulations specifically applicable to OCC TV. General regulations apply as for pay TV.
Pharmaceutical
- Highly regulated; subject to approval by Ministry of Health.
(i) Pharmaceutical products which are prohibited from being advertised include vaccines; medical biological products used for disease prevention, prescription drugs and non-prescription drugs whose use is recommended by the manufacturer to be restricted or to be under a doctor’s supervision.
(ii) Other pharmaceutical products may be advertised subject to approval by the Drug Administration Authority under the Ministry of Health. - The Ministry of Health has issued a list of pharmaceutical active substances and medical herbs permitted to be registered for advertisements on radio and TV.
- Contents of advertisements for medicines are also regulated.
- No regulations specifically applicable to OCC TV. General regulations apply as for pay TV.
Gambling
- Prohibited.
- No regulations specifically applicable to OCC TV. The general regulations still apply as for pay TV, although enforcement against online platforms is lax.
Claims
- Regulated.
- Advertisements that reflect a direct comparison with others are prohibited in Vietnam.
- If the product reflects its position in a general market such as using superlatives or words with a similar meaning, supporting documents evidencing this position shall be required (e.g. market surveys, certifications of independent third parties, etc.) The market surveys or certifications are valid within one year, thereafter new market surveys/certifications will be required or such claims will no longer be permitted.
- No regulations specifically applicable to OCC TV. General regulations apply as for pay TV.
Food & Beverages
- Regulated, subject to registration in certain cases.
- The advertising content of the following products must be registered with the Department of Food Safety before being advertised: functional foods; micronutrient-fortified foods; mineral water; bottled water; food additives, food processing aids; food packaging materials to be used during food preparation, production and trade. The party holding the Certificate of Declaration of conformity with food safety regulations, or an entity authorized by that party, is responsible for obtaining the registration.
- An advertising content certification must be obtained by the producer/supplier/advertising service provider from the National Agro-Forestry-Fisheries Quality Assurance Department before advertising products of plant origin; products of terrestrial animal origin; seafood and aquatic products; salt; blending food.
- An advertising content certification must be obtained by the producer/supplier from the Ministry of Industry and Trade before advertising wine, beer, soft drink, processed milk, vegetable oil, powder, starch, and confectionary.
- Contents of advertisements for foods & beverages are also regulated.
- All food and beverages with illegal origins are prohibited from advertising in Vietnam.
- No regulations specifically applicable to OCC TV. General regulations apply as for pay TV.
Personal hygiene / Sanitary (including Condoms)
- Advertising of tampons, condoms, medications for skin conditions, anthelmintics, hygiene products for women and similar products on TV during the period from 6:00PM to 8:00PM is not permitted.
- No regulations specifically applicable to OCC TV. General regulations apply as for pay TV.
Tobacco
- Prohibited.
- No regulations specifically applicable to OCC TV. General regulations apply as for pay TV.
Children
- Approval from the Ministry of Health is required for ads for milk or nutritional products intended for children. The party holding the Certificate of Declaration of conformity with food safety regulations, or an entity authorized by that party, is responsible for obtaining the approval.
- Breast milk substitutes for children under 24 months or supplemental nutrition products for children under 6 months, feeding bottles and treats are prohibited from being advertised.
- Contents of advertisements for breast milk substitutes (for children aged 24 or more months) and supplemental nutrition products (for children aged 6 or more months) are also regulated.
- It is prohibited to use advertisements that make children think, speak and act against the traditional customs and ethics, or negatively affect the children’s health, safety or natural development.
- No regulations specifically applicable to OCC TV. General regulations apply as for pay TV.
Women
- The Law on Advertising prohibits gender discriminatory advertisements.
- No regulations specifically applicable to OCC TV. General regulations apply as for pay TV.
Property
- It is prohibited to use advertisements that violate the law and regulations on intellectual property.
- The ownership certificate or the use right certificate is required when advertising property of which the ownership certificate or use right certificate is compulsory.
- No regulations specifically applicable to OCC TV. General regulations apply as for pay TV.
Country-Specific Information
- The Law on Advertising 2012 took effect from 1 January 2013. This law was amended and supplemented by the Law on Amendments to some Articles of 37 Laws Concerning Planning dated 20 November 2018.
- Detailed regulations for implementation of the Law on Advertising were issued under Decree 181/2013/NĐ-CP (2013) and Circular 10/2013/TT-BVHTTDL (2013). Decree 181/2013/NĐ-CP (2013) was amended and supplemented by Decree 54/2017/NĐ-CP, Decree 123/2018/NĐ-CP and Decree 11/2019/NĐ-CP. Circular 10/2013/TT-BVHTTDL (2013) was amended and supplemented by Circular 35/2018/TT-BVHTTDL.
- Violations of advertising regulations shall be subject to administrative sanctions provided for under Decree 158/2013/NĐ-CP (2013, amended in 2017), criminal charges under the Criminal Code and payment of damages as applicable.
- Decree 181/2013/NĐ-CP (2013, amended in 2018 and 2019) requires that special goods or services listed in the Decree may be advertised only after obtaining approval of ad content from the competent bodies (the Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade or their authorized bodies). The list of special goods or services includes medicines, cosmetic products, foods, food additives, chemicals, medical equipment, milk and nutritional products used for children, medical services, pesticides, fertilizer and the like.
- Foreign organizations and individuals which do not operate in Vietnam but wish to advertise their products, goods, services and operation in Vietnam must enter into a contract with a licensed advertising entity in Vietnam.
- Advertising of pornographic products, shotguns and cartridges, sporting weapons and products that might incite violence are strictly prohibited.
- The Advertisement Appraisal Council, established under the Ministry of Culture, Sports and Tourism fulfils the role of an advisory organization to assist the Minister in considering and drawing conclusions about the conformity of the advertisements to the law provisions when organizations and individuals request the advertisement appraisal.
Useful Links:
Circular 10/2013/TT-BVHTTDL (2013)
Consolidated Document No. 47/VBHN-VPQH of Law on Advertising as amended (2018)
Consolidated Document No. 1433/VBHN-BVHTTDL of Decree 158/2013/NĐ-CP as amended (2017)
Consolidated Document No. 603/VBHN-BVHTTDL of Decree 181/2013/NĐ-CP as amended (2019)
Consolidated Document No. 5699/VBHN-BVHTTDL of Circular 10/2013/TT-BVHTTDL as amended (2018)
Draft Decree on Amendments some Articles of Decree 09/2016/NĐ-CP (2016)
- No regulations specifically applicable to OCC TV. General regulations apply as for pay TV.
Knowledge Partner
Tel: +84 8 3825 6370
38th Floor Bitexco Financial Tower
2 Hai Trieu
District 1, Ho Chi Minh City
VietnamHogan Lovells is a global legal practice that assists corporations, financial institutions, and governmental entities across the spectrum of their critical business and legal issues globally and locally. We have over 2,500 lawyers operating out of more than 45 offices in Asia, the Middle East, Europe, the United States, and Latin America.
We have more than 80 practitioners across Asia providing a full range of contentious and non-contentious TMT services, including corporate and commercial transactions, licensing and technology transfer, regulatory advice, IT contracts and agreements, and project support and dispute resolution.
