• In Australia, advertising that is included in programming via pay TV is subject to a framework of laws, regulations and industry-based codes and standards which are administered by a number of regulatory bodies.
• This co-regulatory framework consists of:
  1. laws and regulations which govern areas that are relevant to the conduct of advertising and marketing activities, including, for example, consumer protection under the Australian Consumer Law (ACL) (i.e. misleading and deceptive advertising), intellectual property, privacy and defamation. These are regulated by Australia’s competition and consumer regulator, the Australian Competition and Consumer Commission (ACCC);
  2. specific codes developed by industry groups under the Broadcasting Services Act 1992 (Cth) (BSA) which include, relevantly, the Australian Subscription Television and Radio Association (ASTRA – the peak industry body which represents pay TV providers) Subscription Broadcast Television Code of Practice (SBTCP), which regulates the broadcast content of subscription television. This is regulated by ASTRA and the Australian Communications and Media Authority (ACMA);
  3. a self-regulatory system, administered by the Australian Association of National Advertisers (AANA) which is comprised of a uniform set of voluntary codes (e.g. the AANA Code of Ethics) and a complaints handling system overseen by the Advertising Standards Bureau (Ad Standards), designed to regulate advertising and marketing communications across a range of products and across all mediums of communication (the AANA codes are intended to be platform and technology neutral) (noting that the SBTCP incorporates, by reference, the Codes adopted by the AANA (e.g. the AANA Code of Ethics, the Code for Advertising to Children (discussed below) and the Food and Beverages Advertising & Marketing Communications Code).

• 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.
• The codes are designed to recognise 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.

• No restrictions (we note there are restrictions that apply to commercial television broadcasting licensees under the BSA, but these do not apply to pay TV providers).

• Subscription fees must be the predominant source of revenue for the licensee of a pay TV service; as such, revenue from advertising must form less than half of a pay TV licensees’ revenue.

• No restrictions.

• No restrictions.

• No restrictions.

• No restrictions.

• The Alcohol Beverages Advertising Code (ABAC) requires a responsible approach that imposes a number of restrictions in relation to alcohol advertisements. These include requirements that the relevant marketing communication must not, for example:
  • encourage excessive or rapid consumption, abuse of alcohol or underage drinking;
  • show or encourage irresponsible or offensive behaviour associated with alcohol;
  • dare people to consume alcohol;
  • promote specific beverages by reference to its alcoholic strength or its intoxicating effect;
  • be appealing to children, and broadly are restricted from depicting an adult who is under 25;
  • 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; and
  • 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.
• 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 80% adults.

• Ad content for over-the-counter and complementary medicine must adhere to the Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021 (Therapeutic Goods Advertising Code), as well as the Therapeutic Goods Act 1989 (Cth) and Therapeutic Goods Regulation 1990 (Cth), which are of broader application.
• The Therapeutic Goods Advertising Code contains requirements relating to the advertising of therapeutic goods, including that the relevant advertisements must, for example:

• • be accurate, balanced and not misleading;
  • only contain information that is substantiated by the advertiser prior to publication or dissemination;
  • promote the safe and proper use of the therapeutic goods by minimising misuse, overuse or underuse;
  • be ethical and not mislead or deceive the consumer or create unrealistic expectations about the performance of the therapeutic goods;
  • support informed healthcare choices; and
  • must not be inconsistent with current public health campaigns.

• Advertising in the public domain is permitted for the majority of medical devices, as well as most medicines for over-the-counter sale in Australia; however, advertising of prescription only and certain pharmacist only medicines to the public is prohibited.
• Paid or incentivised testimonials cannot be included in advertisements for therapeutic goods, including from anyone engaged in the production, marketing or supply of the goods.

• Pay TV providers are required to take into account the intended audience when scheduling gambling advertisements. For example, any gambling ad on a pay TV channel dedicated to children’s programming is very likely to contravene the regulations.
• There are specific gambling advertising restrictions that apply in relation to the broadcast of live sports events and depend on when the advertisement is being broadcast. For example, pay TV providers cannot – between 5:00am and 8:30pm – broadcast gambling advertisements or promote betting odds from 5 minutes before the scheduled start of play until 5 minutes after conclusion of live coverage of play. Between 8:30pm and 5:00am, the rules change slightly and pay TV providers cannot broadcast gambling advertisements and betting odds during play, during breaks in play (e.g. half time) and no promotion of betting odds by commentators and representatives from gambling services (that are, or appear to be at the venue) are allowed from 30 minutes before play begins until 30 minutes after play.
• During a live sporting event, pay TV broadcasters must ensure that anyone who represents a gambling organisation is clearly identified, not part of the commentary team, and not at the venue.
• Pay TV broadcasters are not permitted to promote any gambling content that is socially irresponsible. For example, the content must not target children or suggest they are participating in gambling, exaggerate how likely someone is to be successful, or make a connection between gambling and alcohol.
• Advertising of certain interactive gambling services is prohibited under the Interactive Gambling Act 2001 (Cth).
• An AANA Wagering Advertising Code of Practice regulating the content of gambling advertising has come into force and contains certain requirements which include, for example, requirements that the advertisement must not:
  • having regard to the theme, visuals and language used, be primarily directed at minors;
  • depict a person aged 18-24 years old engaged in wagering activities; or
  • portray, condone or encourage wagering in combination with the consumption of alcohol.
• The AANA Code of Practice but does not place any new restrictions in relation to the placement or scheduling of gambling advertisements.

• Misleading claims prohibited.

• 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, which was most recently updated in 2021.
• Insertions made to the code as part of the update include:
  • restrictions on advertising to ‘children’ have been lifted to children under the age of 15 (a ‘child’ was previously a person under the age of 14 years old);
  • requiring that advertising of ‘occasional food and beverage products’ must not target children; and
  • broadening the application of the Code so that it also applies to sponsorship advertisements
• 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.

• No specific regulation re advertising for F&B with high sugar content – see answers above re F&B generally.

• Under the Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021  condom and tampon advertisements must not be directed primarily to children under the age of 12.

• Prohibited.

• Advertising should not seek to exploit children’s innate credulity, loyalty and sense of fair play.
• The AANA Children’s Advertising Code, which came into effect in December 2023, requires advertising to children to:
  • not employ sexual appeal or include sexual imagery;
  • not portray unreasonably frightening or distressing images or events;
  • not undermine the authority, responsibility, or judgement or parents or carers, or appeal to children to urge their parents to buy the advertised product/service;
  • not encourage the purchase of an excessive quantity or irresponsible consumption;
  • clearly distinguish the relevant communication as advertising when using popular personalities or celebrities (live or animated) to endorse, recommend, promote or advertise or market products
• Regarding F&B, similar to general F&B regulations.

• No regulations exist, other than general rule in AANA Code of Ethics against discrimination on the basis of gender, amongst other things.

• No regulations exist.

• As noted above, there is a framework of laws, regulations and industry-based codes and standards which regulates the conduct of advertising in Australia.
• Some examples of other self-regulatory codes that apply in Australia include, for example, the AANA Environmental Claims in Advertising and Marketing Code (which is currently being reviewed) and the Voluntary Code of Practice for Motor Vehicle Advertising.

• The advertising of pay television in Cambodia is primarily governed by Prakas No. 083 on Advertising Management on Board in the Public for Advertisement and Commercial Advertisement, issued by the Ministry of Information on February 2, 2010. This regulation requires all advertising activities require prior approval from the MOI, which holds authority over all types of advertisements. While there are no specific regulations or restrictions on advertising in retransmitted foreign broadcasts, it is necessary for all suppliers of products and services to adhere to MOI contracts regarding their advertising practices. However, enforcement against foreign advertisers can be challenging in practice.
• Sub-Decree No. 232 on the Management of the Advertisement of Goods and Services stipulates that advertisements must primarily be in the Khmer language, with certain exceptions. This sub-decree also outlines prohibited content, which includes any content that reveals state secrets, endangers national interests, adversely affects the country’s honor or historical values, promotes racism or discrimination, or is deemed deceitful or misleading.
• Additionally, advertisements for certain products, such as alcohol, tobacco, food, beverage and pharmaceuticals, must meet specific criteria and other requirements, which often include obtaining approval from the relevant ministries responsible for overseeing these products.

• Pursuant to Prakas No. 083 on Advertising Management on Board in the Public for Advertisement and Commercial Advertisement, issued on 2 February 2010 by the Ministry of Information (MOI), any advertising is subject to MOI permission.
• All types of advertisement are under the authority of the MOI.

• No regulations/restrictions exist.

• No regulations/restrictions exist.

• No regulations/restrictions exist.

• 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 regulations or restrictions exist. However, it is important to comply with general advertisement regulations including content and language requirements.
• Sub-Decree No. 232 on the Management of the Advertisement of Goods and Services (Sub-Decree 232) requires advertisements for products and services to be in the Khmer language (with a few exceptions). Sub-Decree 232 also prohibits the following content:
  • revealing state secrets, endangering national independence, national defence, national security, the economy, international relations, or social security and order;
  • adversely affecting the country’s honor or national dignity;
  • adversely affecting historical values, ethics, culture, customs, national traditions, beliefs, and religion;
  • expressing racism or discrimination;
  • deceitful, deceptive, or misleading content; and
  • other contents as stipulated under the relevant regulations.

• No specific regulations or restrictions exist. However, it is important to comply with general advertisement regulations.

• Under Circular No.492 dated October 1, 2014 on Alcohol Advertisements, any alcohol advertisements are not allowed between 18:00 and 20:00. According to Notification No. 1294 dated October 3, 2017 on Alcohol Advertisement within Cambodia issued by the Ministry of Information, any alcohol advertisements must not contain an activity or picture that leads to misuse of alcohol, any pregnant woman or a minor, and offer any rewards. Such advertisement must obtain a prior approval from the MOI and contain the phrase “Don’t Drink and Drive”.
• In addition, pursuant to Notification No. 0819 dated April 30, 2019, the Ministry of Information bans any alcohol advertisements during the two Buddhist holy festivals, namely “Visak Bochea Day” and “Meak Bochea Day”.

• Under Prakas No. 0053 on the Amendment of Prakas on Condition of Advertisement of Medicine and Preventive or Curative Products, dated February 06, 2009, advertisements of any health product, including modern and traditional medicines, advertised in Cambodia must be registered with the Ministry of Health (MOH) before seeking advertising approval. The MOH will review the content of the proposed advertisement to ensure compliance with Cambodian law.

• Commercial Gaming Law prohibits any kind of advertisement on gaming unless there is an authorisation from the governmental authority being the Commercial Games Commission of Cambodia.

• The Law on Consumer Protection dated November 2, 2019 (Consumer Protection Law) prohibits “unfair practices” in relation to consumer transactions. Unfair practices include unfair sales, bait advertising, unfair solicitation sales, making a false claim or representation of some business activity, selling goods bearing a false trade description, and any other unfair practices.

• No specific regulation.

• No specific regulations or restrictions exist.

• Advertisements require authorisation from both the MOI and the Ministry of Culture and Fine Arts.

• Any advertisements of tobacco products are prohibited under Sub-decree No. 35 dated February 24, 2011 on Advertising of Tobacco Products (Sub-decree 35/11) and the Law on Tobacco Control.

• No specific regulations or restrictions exist. However, it is important to comply with general advertisement regulations.

• No specific regulations or restrictions exist. However, it is important to comply with general advertisement regulations.

• No specific regulations or restrictions exist. However, it is important to comply with general advertisement regulations.

• Prakas No. 170 on Publication Controls of Website and Social Media on the Internet, dated May 28, 2018  and Instructions No. 03 on the Measures to Prevent Dissemination of Content, Text Messages, Sounds, Images, Videos and other Forms affecting Culture and National Tradition, dated May 8, 2020 regulate the publication of content on websites and social media in Cambodia to prevent the dissemination of content that could cause chaos in society or threaten national security, culture, traditions, and public order. Advertisers should ensure their advertisements comply with these regulations to avoid potential violations.

• http://www.information.gov.kh/
• Prakas No. 0053 on the Amendment of Prakas on Condition of Advertisement of Medicine and Preventive or Curative Products (only available in Khmer)
• Consumer Protection Law
• Sub-Decree 232 on the Management of Advertisment of Products and Services (only available in Khmer)

• 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 consumers. (Art. 4 of the Advertising Law)
• Advertisements must also comply with China’s unfair competition rules, which prohibit advertisements that ultimately disrupt the competitive order of the market or harm the legitimate interests of competitors or customers. However, some common advertising techniques such as comparative advertising are, with certain exceptions and constraints, generally acceptable provided, however, that non-disparaging requirements are met. (Art. 13 and 31 of the Advertising Law and Art. 11 of the Anti-Unfair Competition Law)
• Regulations in respect of advertising on broadcast TV prescribe maximum advertising allotments per hour for on- and off-peak times, the minimum number of public service announcements during peak periods, and forbid ad breaks in a single episode of a TV series. (Art. 15 of the Administrative Measures for the Broadcasting of Radio and Television Advertisements and Art. 1 of the Supplementary Provisions on the Administrative Measures for the Broadcasting of Radio and Television Advertisements)

• 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)

• 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-programme advertising is not allowed, so ads should be broadcast before or after programmes. (Art.17 of the NRTA Measures)
• For TV programmes targeting minors, please refer to the “Children” section.

• No published regulations/restrictions exist.

• 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 standard spoken and written Chinese language shall be used as the basic spoken and written language. (Art. 14 of the Law of the People’s Republic of China on the Standard Spoken and Written Chinese Language)
• Foreign language can be used as a supplement to Chinese if necessary but Chinese will prevail.

• No published regulations/restrictions exist.

• 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.

• Conditions apply. May not be screened on channels that target minors under 18. (Art. 40 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. 24 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)

• 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)
• Prohibition of comparative advertisements for drugs, medical devices, medical treatment in terms of efficacy and safety. (Art. 16 of the Advertising Law)
• Should be consistent with the drug instructions approved by the drug administration and contradictions and adverse reactions should be marked clearly. (Art. 16 of the Advertising Law)
• Must not assert or guarantee the efficacy or safety, state the recovery rate, or compare with other drugs. (Art. 16 of the Advertising Law)
• Medical treatment and cosmetic products cannot be screened on channels that target minors under 18. (Art. 40 of the Advertising Law)
• Pharmaceutical ads and medical devices ads cannot use spokespersons for recommendation or endorsement. (Art. 16 of the Advertising Law)

• Prohibited, except for Welfare Lottery and Sports Lottery. (Art.12 of the NRTA Measures)

• Claims made in ads must be true and accurate with their sources clearly indicated.
• Generally, absolute terms in ads (such as “national-level”, “highest-level”, “best” and other terms with identical or similar meanings) are not allowed. (Art. 9 of the Advertising Law)

• 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)
• Prohibition of comparative advertisements for dietary supplements. (Articles 18 of the Advertising Law).
• Ads for “breast milk substitutes” are prohibited. (Art. 20 of the Advertising Law)
• Ads for healthcare food are subject to censorship before being released. (Art. 2 of the SAMR Measures)

• General rules apply. No other specific requirements.

• 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.23 of the NRTA Measures)

• Prohibited. (Art.22 of the Advertising Law)

• 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 programmes that target minors. (Art.8 & Art.25 of the NRTA Measures)
• TV 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. (Art.40 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. (Art.40 of the Advertising Law)
• The advertiser may not use children under age 10 as spokespersons. (Art.38 of the Advertising Law)
• The duration of ads broadcast during TV programmes for minors shall not exceed 12 minutes per hour. (Art. 18 of Regulation on Programs for Minors)

• No published regulations/restrictions exist.

• 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 and the Provisions on the Release of Real Estate Advertisements)

Key Regulations

• Standing Committee of the NPC, “Advertising Law of the People’s Republic of China (2021)” (Chinese)
• NRTA, “Administrative Measures for the Broadcasting of Radio and Television Advertisements (2011)” (Chinese)
• SAMR, “Measures for Reviewing Advertisements on Medicine, Medical Devices, Nourishment and Formula Food for Special Medical Purpose” (Chinese)

• TheHong Kong Communications Authority (CA), a unified regulatory body for the broadcasting and telecommunications sectors, issued and is responsible for administering 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.
• The TV Advertising Code covers a range of prohibited products, services, and advertising methods, with special attention to minors, sensitive industries, and privacy protection. There are also requirements contained in other industry or product-specific legislation that may apply to the advertising of the products/services.
• In general:
  • Prohibited Products and Services: Advertisements related to firearms, fortune tellers, undertakers, unlicensed employment services, betting (unless authorised), adult services, and tobacco are banned on licensed broadcasting services. Advertisements for betting are allowed under strict conditions but cannot target children.
  • Controlled Methods: Ads must be clearly distinguished from programmes.
  • Protection of Minors: Ads targeting children or proximate to children’s programs are strictly controlled. For example, ads for betting, alcohol, and certain health products must not appear close to such content.
  • Specific Product Rules: Special rules exist for credit and financial products, therapeutic goods, food, tobacco and alcohol.
• Legal and Ethical Compliance: The TV Advertising Code require advertisers to comply with all legal and regulatory guidelines and prohibit misleading claims, especially concerning health products, alcohol, and financial services.

The CA is the statutory body that administers the TV Advertising Code.

No restrictions for Pay TV.

None.

Regulations are 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 programme should be presented in a natural and unobtrusive manner having regard to the programme’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 programmes:
  • Children’s programmes
  • Educational programmes
  • News programmes
  • Religious service or other devotional programmes
• 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 programme.
  • An announcement containing the wording “The following programme contains indirect advertising” must be made to clearly inform viewers of the inclusion of product placement in the programme before the programme starts
• Same requirements apply to both local and foreign products.

Must comply with local laws and codes of practice.

No regulations/restrictions exist.

To be imposed by the CA in the licensee’s specific licence terms.

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 programmes or programmes 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 programmes 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 programmes.

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 1 of Schedule 10 to the Pharmacy and Poisons Regulations (Cap. 138A) 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.

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 authorisations have been granted only to the Hong Kong Jockey Club.

Where authorised under the Betting Duty Ordinance, any advertisements 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.

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).

The above requirements do not apply to non-domestic TV licensees, who should instead follow the laws and regulations of the relevant regulatory authority in the intended recipient jurisdictions.

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.

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.

Under the Food and Drugs (Composition and Labelling) Regulations (Cap. 132W), food and beverage may not be advertised as:

• Low sugar or words to the same effect: if the food or beverage contains more than 5g of sugar per 100g or mL of food or beverage respectively.
• No sugar, sugar free or words to the same effect: if the food or beverage contains more than 0.5g of sugar per 100g or mL of food or beverage respectively.

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.

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 (over the age of 18), have no children or adolescents participate in the presentation of such advertisements, and not be shown in proximity to children’s programmes, 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.

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.

None.

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.

Licensees are exempt from the above restrictions if the advertiser is an estate agent licensed under the Estate Agents Ordinance (Cap. 511) or if the building in question regulated under the Residential Properties (First-hand Sales) Ordinance (Cap. 621).

Property advertisements should display visually or auditorily an advisory message with words to the following effect:

PLEASE OBTAIN AND REVIEW CAREFULLY ALL RELEVANT INFORMATION RELATING TO THE PROPERTY(IES) BEFORE MAKING ANY PURCHASE DECISIONS AND SEEK PROFESSIONAL ADVICE IF IN DOUBT.

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.

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 deposits and 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.
• Programme Sponsorship: news programmes, religious services and government programmes are prohibited from sponsorship.
• 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 programmes.
  • 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.
• National Security Law: Advertisements deemed to “endanger national security” are prohibited under the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region and the Safeguarding National Security Ordinance under Article 23 of the Basic Law.

Please see above.

There is no single legislation that regulates advertising at Indian law.

The Press Council of India Act, 1978, the Cable Television Regulation Act, 1995, the Consumer Protection Act, 2019, the Indecent Representation of Women (Prohibition) Act, 1986, and the Bharatiya Nyaya Sanhita, 2023 (the replacement of the Indian Penal Code, 1860), and the rules issued thereunder, broadly regulate advertising in India.

Other legislations regulate the advertising of specific products such as the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of trade and Commerce, Production, Supply and Distribution) Act, 2003, Drugs and Cosmetics Act, 1940, Food Safety and Standards Act, 2006.

Further, the Advertising Standards Council of India is a self-regulatory body which issues guidelines for the regulation of advertisements in India. While the ASCI Code was issued for self-regulation of advertisements by members of ASCI, the ASCI Code has also been recognised under the Cable Television Networks Act, 1995 and the rules issued thereunder.

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.

There is no single regulator or legislation that regulates advertising under Indian Law. The Central Consumer Protection Authority established under the Consumer Protection Act, 2019 is empowered to regulate matters relating to unfair trade practices and false or misleading advertisements which are prejudicial to the consumers.

The following bodies regulate advertising for Pay TV:

1. The Ministry of Information and Broadcasting (MIB) which administers the Cable Television Networks Act, 1995 (CTN Act) and the rules issued thereunder, which prescribes the compliance requirements for advertisements.
2. The CTN Act and the rules thereunder set out that the Advertising Standards Council of India, which is a self-regulatory body, provides recommendations regarding advertisements to ensure they are compliant with the CTN Act, and the rules issued thereunder and ASCI Code. The ASCI Consumer Complaints Council considers complaints against advertisements and discharges the function above.
3. The Electronic Media Monitoring Centre was set up by the MIB to monitor content being aired on permitted satellite television channels for violation of the CTN Act and the rules issued thereunder.

The Advertising Code under the CTN Act and the rules issued thereunder, require for advertisements to inter-alia not: (i) deride any race, caste, colour, creed and nationality; (ii) breach any provision of the Constitution of India; (iii) incite people to commit a crime, cause disorder or violence; (iii) exploit the national emblem or any part of the Constitution or the personality of a national leader or State dignitary; (iv) exploit social evils like dowry or child marriage; and (v) directly or indirectly promote the consumption of cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants.

Per the Cable Television Networks Rules, 1994 (CTN Rules), no programme can carry advertisements exceeding 12 minutes per hour, which may include up to 10 minutes of commercial advertisements.

Per the Standards of Quality of Service (Duration of Advertisements in Television Channels) Regulations, 2012:

1. In the case of a live broadcast of sporting events, the advertisements can only be carried out during the breaks of sporting action.
2. The time gap between the end of one advertisement and the start of the next advertisement is to be at least 15 minutes.
3. In case of a film broadcast, the time gap between the advertisements is to be at least 30 minutes.
4. The requirements set out in paragraph 2 and 3 above do not apply to the broadcast of sporting events.
5. Advertisements must only be full screen advertisements and there should be no ads that only take up part of the screen or feature drop down advertisements.
6. The audio levels of the advertisements must not be higher than the audio level of programs being broadcast on the channel.
7. The 2013 amendment to the regulations mandates that broadcasters report the duration of advertisements carried on their channels to TRAI on a quarterly basis.

No restrictions on advertising revenue.

No restrictions on product placement.

While there are no specific regulations to this effect, foreign commercials must adhere to the same standards established for domestic advertisements.

Advertising on broadcast media is liable for Goods and Services Tax (GST) at the rate of 18%.

Illustratively, if an advertiser sells advertising spots on pay television channels for INR 10,000, then the purchaser is liable to pay GST of INR 1800.

There are no specific regulations for PSAs. However, all scenes with alcohol and/ or tobacco consumption must necessarily include statutory warnings regarding their health risk.

Any advertisement which directly or indirectly promotes the production, sale or consumption of alcohol is prohibited as per the CTN Rules, Revised Code for Commercial Advertising on Doordarshan and 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:

1. It only showcases the product and does not advertise alcohol in any manner.
2. It does not make any direct or indirect references to alcohol. The advertisement should not promote alcohol even through nuances or phrases.
3. 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.

Advertisers have resorted to surrogate advertising and the use of brand extensions to market restricted products such as liquor and alcohol. Accordingly, ASCI prescribed Guidelines for Qualification of Brand Extension Product or Service (Brand Extension Guidelines) which inter-alia requires for:

1. Brand extensions to be registered with the government.

2. For a brand present in the market for more than 2 years, the following criteria apply for a valid brand extension:

1. Sales turnover should exceed INR 5,00,00,000 per annum annually, or 1 crore per annum per state where distribution is established.
2. Valid certificate from an independent organization such as NielsenIQ or a category specific industry association or an independent and reputed chartered accountant firm to verify the criteria.

3. For a brand present in the market for more than 2 years, the following criteria applies for a valid brand extension:

1. Achieve net sales turnover of INR 20,00,000 per month.
2. Demonstrate fixed asset investments which are exclusive to the advertised brand extension of less than INR 10,00,00,000.
3. Evidence demonstrating the possibility of achieving the turnover set out above in the event that manufacturing, or procurement of such brand extension is outsourced.
4. Evidence of turnover greater than 10% of the turnover of the same brand in the restricted category.

The scale of advertising for the brand extension must be proportional to the sales of that extension.

Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 proscribe surrogate advertising or indirect advertisement for goods which are otherwise prohibited or restricted by law. Per Clause 6, an advertisement is considered as surrogate advertisement or indirect advertisement inter alia if such advertisement uses any brand name, logo, colour, layout and presentation associated with such goods whose advertisement is prohibited or restricted.

 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:

1. Miscarriage or prevention of conception in women;
2. Maintenance or improvement of the capacity of human beings for sexual pleasure;
3. Correction of menstrual disorder in women; or,
4. 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:

1. Give a false impression regarding the true nature of a drug;
2. Make a false claim for a drug; or,
3. 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 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 Bharatiya Nyaya Sanhita, 2023  prohibits advertisements of a lottery otherwise than in accordance with the Lotteries (Regulation) Act. 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.

In addition to the ASCI Code, the ASCI Guidelines for Advertising of 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:

1. 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;
2. 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 in 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
3. 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 Consumer Protection Act, 2019 elaborates ‘unfair trade practice’ to mean any deceptive practice for promoting goods and services including the offering of prizes with the intention of not providing them as advertised and provides for certain penalties for “misleading advertisements” created by advertisers, publishers and endorsers.

The MIB issued several advisories in 2022 and 2023 to private satellite television channels to refrain from carrying advertisements of online betting platforms or their brand extensions or surrogate advertisements.

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, 2019 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:

1. Shall clarify or qualify a claim but cannot contradict the main message conveyed by the advertiser as perceived by a consumer.
2. Shall not hide material information to make the advertisement deceptive or conceal its commercial intent.
3. Should not attempt to correct a misleading claim made in an advertisement.
4. Shall be in the same font, size, language, and of the same visibility and legibility as the claim of the advertisement.
5. 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 stipulates that 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. 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. Further, the Department of Consumer Affairs launched the Grievances Against Misleading Advertisements (GAMA) Portal in 2015 to register complaints against misleading advertisements.

Some other regulations that contain specific provisions relating to advertising claims include inter alia:

1. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
2. Securities and Exchange Board of India (Disclosure and Investor Protection) Guidelines, 2000
3. The Bureau of Indian Standards Act, 1986 and The Bureau of Indian Standards (Certification) Regulations, 1988
4. The Drugs and Cosmetics Act, 1940
5. The Food Safety and Standards Act (FSS Act), 2006 (see below)
6. The Infant Milk Substitute, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992
7. The IRDA (Insurance Advertisements and Disclosure) Regulations, 2000 and the IRDA Guidelines on Distance Marketing of Insurance Products, 2011
8. The Pharmacy Act, 1948
9. The Sales of Goods Act, 1930
10. Guidelines on Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022.

The Food Safety and Standards Authority of India regulates the advertising of food and beverages in India. The Food Safety and Standards Act, 2006 provides that no advertisement of any food product can be misleading or deceiving or inter alia falsely describe any food; mislead as to the nature or substance or quality of any food; or give a false guarantee.

The Food Safety Standards (Labelling and Display) Regulations, 2020 inter-alia requires for the declaration regarding vegetarian and non-vegetarian food to be prominently displayed. Further advertisements of edible refined vegetable oils and fats shall not use any exaggerated expressions like super-refined, extra refined, micro refined etc.

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:

1. Are truthful, meaningful, not misleading, not deceptive, do not make false implications and help consumers to comprehend the information.
2. 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.
3. 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 should be accompanied by a disclaimer in not less than 3mm size which should be given at an appropriate place on the label stating that “This is only a brand name or trade mark and does not represent its true nature”.
4. If accompanied by a disclaimer, the disclaimer shall be conspicuous and legible.
5. 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.
6. Shall be consistent with information on the label of the food or beverage.

Under Regulation 10, advertisers are prohibited from making claims inter alia:

1. 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.
2. The label of any package containing food for sale should not contain the words “recommended by 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.
3. 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.
4. 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.
5. 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
6. 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.

In terms of the order of the Supreme Court issued on 7 May 2024 and the advisory issued by the MIB on 3 July 2024, all advertisers/ advertising agencies publishing advertisements related to the Food and Health sectors are required to upload an annual self-declaration certificate on: (i) broadcast seva portal for TV/ Radio advertisements; and (ii) the Press Council of India portal for print/ digital media advertisements., and provide proof of such upload to the concerned media stakeholders such as television channels, newspapers, entities involved in publishing ads on the internet etc. The intention is for advertisers/ advertising agencies to bear the responsibility of ensuring that advertisements adhere to all Indian laws.

Guidelines to this effect are also prescribed under the ASCI Code.

In terms of the Food Safety and Standards (Advertising and Claims) Regulations, 2018 claims regarding the non-addition of sugars may be made subject to:

1. No sugars have been added to the food.
2. The food contains no ingredients that contain sugar as an ingredient.
3. The food contains no ingredients containing sugars that are a substitute for added sugars.
4. The sugar content of the food itself has not been increased above the amount contributed by the ingredients through some other means.

Claims regarding the non-addition of sugars to a good may also be made where sugars are naturally present in the food but must be accompanied by the words “contains naturally occurring sugars”.

The MIB 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 not sexually explicit can be aired at all times.

There are no product specific restrictions on advertisements for other personal hygiene and sanitary products.

Any advertisement which directly or indirectly promotes the production, sale or consumption of tobacco is prohibited as per the CTN Rules, the Revised Code for Commercial Advertising on Doordarshan and the Norms for Journalistic Conducts.

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:

1. It only showcases the product and does not advertise tobacco in any manner.
2. It does not make any direct or indirect references to tobacco. The advertisement should not promote tobacco even through nuances or phrases.
3. 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.

The Brand Extension Guidelines as set out  above (see section under ‘Alcohol’) apply to the advertising of tobacco products on television.

The ASCI Code, states that children are persons who are below 12 years of age.

The ASCI Code inter-alia prescribes that advertisements should not:

1. If the advertisement is directed towards children, it should not contain any content which results in the physical, mental, or moral harm or which exploits their vulnerability.
2. Present criminality as desirable and encourage children to emulate such acts.
3. Encourage children to enter into unknown places and interact with strangers in an effort to collect coupons, labels etc.
4. Feature any dangerous or hazardous acts which are likely to encourage children to imitate such acts.
5. Show children playing with matches, explosive or inflammable substances or electrical appliances which could result in injury.
6. Feature children for tobacco or alcohol based products.
7. Undermine the role of parental care and guidance in ensuring that proper food choices are made by children.
8. Convey that a particular children’s product, pursuit, behaviour, or activity including choice of play or career, is inappropriate for one or another gender.

In May 2023. the National Commission for Protection of Child Rights (NCPCR) issued guidelines for participation in the Entertainment Industry and any Commercial Entertainment Activity. The guidelines inter-alia set out that:

1. Advertisements targeted towards children must not:

1. 1. Condone, encourage, inspire or unreasonably emulate behaviour that could be dangerous to children;
   2. Exaggerate features of goods, products services which result in unrealistic expectations for children;
   3. Imply that children are likely to be ridiculed for not availing any product or service;
   4. Use qualifiers such as ‘just’ or ‘only’ to make the price of goods seem less expensive where such advertisement includes additional cost;
   5. Make it difficult for children to judge the size, characteristic and performance of advertised products;
   6. Claim that the consumption of a product advertised shall have an effect on enhancing the intelligence or physical ability without any valid evidence;
   7. Result in children developing body image issues;
   8. Give any impression that traditional foods that children may be consuming are inferior to the advertised products.
   9. Be placed in between children’s programming if the advertisement pertains to junk foods such as chips and carbonated beverages.

The Indecent Representation of Women (Prohibition) Act, 1986 prohibits and penalises the publication or exhibition of any advertisement that contains indecent representation of women in any form.

The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 prohibits the publication of any advertisements of drugs which lead to the use of that drug for: (i) procurement of miscarriage in women or prevention of conception in women; or (ii) the correction of menstrual disorder in women. 

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.

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.

NA

ASCI and the regulations issued thereunder:

https://www.ascionline.in/

https://www.ascionline.in/the-asci-code/

https://www.ascionline.in/the-asci-code-guidelines/

Broadcasting Services (Regulation) Bill, 2023:

https://mib.gov.in/sites/default/files/Public%20Notice_0.pdf 

Intermediary Guidelines

https://www.meity.gov.in/writereaddata/files/Information%20Technology%20%28Intermediary%20Guidelines%20and%20Digital%20Media%20Ethics%20Code%29%20Rules%2C%202021%20%28updated%2006.04.2023%29-.pdf

Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution Amendment Rules, 2023:

GSR-400(E).pdf (mohfw.gov.in)

Standards of Quality of Service (Duration of Advertisements in Television Channels) Regulations, 2012

Microsoft Word – Regulation on duration of advertisement in TV channels_Final_11052012.docx (trai.gov.in)

Guidelines for Child and Adolescent Participation in the Entertainment Industry and any Commercial Entertainment Activity

16844053596465fc6f115d1_guidelines-for-child-and-adolescent-participation.pdf (ncpcr.gov.in)

Programme Code under CTN Act and rules issued thereunder:

Programme and Advertising Codes (mib.gov.in)

Advisories against advertising of betting platforms:

pib.gov.in/PressReleaseIframePage.aspx?PRID=1952004

pib.gov.in/PressReleaseIframePage.aspx?PRID=1864846

Advisory to Private Satellite TV Channels 03.10.2022.pdf (mib.gov.in)

Advisory to Digital News Publishers and OTT Platforms 03.10.2022 (1).pdf (mib.gov.in)

Food Safety and Standards (Advertising and Claims) Regulations, 2018

Compendium_Advertising_Claims_Regulations_04_03_2021.pdf (fssai.gov.in)

Advertisements in pay TV are permitted subject to the following requirements:

• the content of an advertisement must comply with the following:
  • the Indonesian Advertising Code of Ethics (IACE);¹
  • the advertisement requirements issued by the Indonesian Broadcasting Commission (Komisi Penviaran Indonesia/KPI); and
  • other prevailing laws and regulations.

Advertisements must not be broadcast for the following purposes: (Broadcasting Law Content Requirements)

1. 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;
2. promotion of liqueur or similar products, or addictive substance;
3. promotion of cigarettes which describes the physical figure of cigarettes;
4. any matters which are in contradiction with public morality and religious values; and
5. exploitation of children under 18 years old.

• Ministry of Communication and Informatics (MOCI), now known as Ministry of Communication and Digital (Kementerian Komunikasi dan Digital – Komdigi)⁵
• Investment Coordinating Board (Badan Koordinasi Penanaman Modal / BKPM)
• 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: (a) Indonesia’s Foods and Drugs Supervisory Agency (Badan Pengawas Obat dan Makanan / BPOM); and (b) Ministry of Health (MOH)

Currently there is no specific requirement applicable to pay TV operator.

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.

• Product placement is regulated under the Indonesian Advertising Code of Ethics (IACE)⁶. 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 programme is specifically designated for advertisements of such products category.

The materials of the advertisement must use domestic resources (please see the last paragraph of this row). Foreign advertisements broadcast during programmes 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.

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.

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.

Alcoholic beverages cannot be advertised in any media.

• 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).⁸
• Medical personnel cannot be an actor/actress in the advertisement.
• Advertisements shall not:

1. 1. promote excessive use of such product;
   2. include testimony;
   3. include a statement of warranty on the safety or efficacy of the products; or
   4. include information and/or give impressions that the consumption of such medicine would boost energy, health, vitality, intelligence or any similar claims.

Gambling cannot be advertised whether explicitly or implicitly in any media.

• 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 product cannot be used unless there is attributable substantiating information.
• Advertisement must not contain the word “free” if there is any fee that needs to be paid by the consumer.

• 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.
• Advertisements must not give the impression that a food or beverage is medicine.
• Natural ingredients in food or beverages can only be included in an advertisement if it meets the minimum threshold set out by MOH.⁹
• 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.

• No specific requirement to show grading of sugar level on the product.
• Advertisements of special foods for diabetics are not permitted to state that “the food does not contain sugar” if it contains carbohydrates.

• 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 5:00AM local time; (b) shall not contain justification for ‘free-sex’ behaviour; and (c) shall include a spot for “FOLLOW THE INSTRUCTIONS” label.

• Cigarette and tobacco product (including electronic cigarette) advertisements shall:

1. 1. not showcase that the relevant brand is a cigarette/tobacco product;
   2. not show the physical figure of the cigarette, its package, and/or visualise anyone who is smoking;
   3. not provoke or suggest the public to smoke;
   4. not be targeted to children, teenagers or pregnant women, nor display (in any form) children, teenagers or pregnant women;
   5. not use cartoon or animation as characters in the advertisement;
   6. neither suggest that smoking is not harmful for health nor that consuming tobacco products and electronic cigarettes is beneficial to health;
   7. include a statement or information on the danger of smoking;
   8. contain health warnings that meet the following specifications
      • if the advertisement is in the form of moving images, the health warning must be displayed in full screen for at least 10% of the duration of the advertisement (or, if longer, two seconds);
      • for other advertisements, the health warning must occupy at least 15% of the space of the advertisement;
   9. contain a warning “Not to be sold and given to any person under 21 years old or pregnant women”; and
   10. not contradict prevailing societal norms.

• Advertisements for cigarette and tobacco products can only be broadcast between 10:00PM to 5:00AM local time.

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.

Advertisements must not harass, exploit or objectify women.

• 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.

None.

None.

• 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) (JBA), 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.

• 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 JBA’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 programmes (prime time, non-prime time, programme of certain duration).

• No regulations/restrictions exist.

• Allowed.

• Japanese versioning (translation) is not required but the JBA’s standards template recommends the use of easily understandable words and letters.

• No regulations/restrictions exist.

• No regulations/restrictions exist.

• 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 JBA’s standards require broadcasters not to show or acknowledge underage drinking.

• Highly regulated by the Pharmaceuticals and Medical Devices Act (previously, Pharmaceutical Affairs Act) and fair competition standards.
• The JBA’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.

• 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 JBA’s standards require broadcasters not to give awards or prizes which excessively stir up the viewers’ gambling spirit.

• 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.

• Highly regulated by fair competition standards, the Food Labelling Act, the Health Promotion Act, the Pharmaceuticals and Medical Devices Act, and the Act on Japanese Agricultural Standards.

• Highly regulated by fair competition standards, the Food Labelling Act, the Health Promotion Act, and the Act on Japanese Agricultural Standards.

• 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.

• 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 JBA’s standards require broadcasters not to show or acknowledge underage smoking.

• Self-regulated in line with the JBA’s standards.

• Self-regulated in line with the JBA’s standards.

• Highly regulated by the Building Lots and Buildings Transaction Business Act and fair competition standards.
• The JBA’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.

• 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 24 June 2020, 65 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.

• Broadcast Law (Japanese/English)
• Act against Unjustifiable Premiums and Misleading Representations (Japanese/ English)
• Pharmaceuticals and Medical Devices Act (Japanese/ English)
• 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)
• Japan Commercial Broadcasters Association (English)

General Principles

• The Content Code 2022 and Code of Advertising Practice published by the Communications and Multimedia Content Forum of Malaysia and the Malaysian Code of Advertising Practice by the Advertising Standards Authority Malaysia (ASA) encourage self-regulation, liberalisation, and transparency.
• Section 211 of the Communications and Multimedia Act 1998 (CMA 1998) prohibits content which is indecent, obscene, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass any person.
• Content of advertisements 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.
• The definition of “film” under the Perbadanan Kemajuan Filem Nasional Malaysia Act 1981 includes “advertising filmlets” intended for public viewing or any specific audience. Therefore, advertisements must obtain a license from the National Film Development Corporation of Malaysia (FINAS) before they can be produced, distributed, or exhibited.
• From 20 January 2025, the Film Censorship Board (Lembaga Penapisan Filem – LPF) must approve all advertorial film publicity materials before distribution, including via TV distribution. However, previously approved materials do not require re-approval. The certificate number to be displayed on all approved advertorial materials. The updated format to display the certification number is detailed in the circular dated 28 Jan 2025¹.

• Malaysia pay TV is largely self-regulated in the form of self-ethical regulations which encourages voluntary participation by industry players.
• Complaints Bureau of the Content Forum may impose fines up to RM50,000 for any breach of the Content Code.
• The Malaysian Communications and Multimedia Commission has the power to conduct investigation into any offence under the CMA 1998.

• No restrictions. However, advertisements generally range between 30 seconds to 90 seconds per hour.

• No restrictions.

• “Product Placements” relevant to the context of the situation are allowed but services and goods that are specifically banned are not allowed except where it is incidentally shown. 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.

• Foreign advertisements must obtain a licence from FINAS before airing, unless they are exempted.

• Advertising services provided by an advertising agency, media owner, or any taxable person to a customer for placing advertisements that promote products, services, events, or announcements on any communication platform in Malaysia are subject to service tax.

• Generally, 2 mins/hr per channel.

• 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.

• Advertisements on medicines, remedies, appliances, skill and services relating to 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. All advertisements shall comply with the requirements under the Medicines (Advertisement & Sale) Act 1956 and Medicine Advertisements Board Regulations 1976 and the relevant legislations, rules and guidelines.
• The Medicine Advertisement Board has issued various guidelines and policy to complement the provisions of the Medicines (Advertisement and Sale Act 1956), including the Registered Medicinal Products Advertising Approval Guidelines, Medicine Advertisements Board Policy and Decision (Product), Product Advertisement Approval Guide.
• Advertisements of medicines are prohibited unless approved by the Medicine Advertisements Board.
• All approved advertisement must display the approval number which begins with KKLIU, followed by 4 digits referring to the serial number and ends with year which refers to when the approval is submitted.
• Drugs requiring medical prescription should not be advertised.

• Advertisements for gaming, lottery and betting must comply with Common Gaming Houses Act 1953, the Lotteries Act 1952, the Pool Betting Act 1967, and the Betting Act 1953 and other relevant rules and regulations which govern the advertising of gambling and betting activities.
• Advertisements for gaming, lotteries, and betting require a license from the Ministry of Finance and must meet strict criteria that providers should carefully adhere to.

• All descriptions, claims and comparisons which relate to matters of objectively ascertainable fact should be capable of substantiation, and Advertisers are required to hold such substantiation ready for scrutiny without delay if and when requested.
• It is seldom possible to substantiate general claims by an Advertiser that his product is of superlative quality (best, finest) in a manner which is universally acceptable. Such claims, however, are permissible under this Code, provided that their inclusion in an Advertisement does not create a false impression concerning any quality possessed by the product which is capable of assessment in the light of generally accepted standards of judgement.
• Where Advertisement claims are expressly stated to be based on, or supported by, independent research or assessment, the source and the date of this should be indicated. Where this is not possible, for whatever reason, such claims to independent support should not be made. Where a claim relating to research or testing is based on the Advertiser’s own work or work done at his request, it should be clear from the text of the Advertisement that such is the basis of the claim.
• Obvious hyperbole, which is intended to attract attention or to amuse, is permissible provided that it is not likely to be taken as a positive claim to superior or superlative status.

• All advertisements relating to food and beverage products shall comply with the requirement in the Food Act 1983, Food Regulations 1985, Food Advertisement Regulations 2014 and any other relevant legislation, rules, guidelines.
• Section 17(1)(b) of the Food Act 1983 states that any item prohibited on food label is also prohibited in food advertisement. Section 17(1)(d) of the Food Act 1983 prohibits food product advertisement which is likely to deceive a purchaser with regard to the nature type, value, substance, quality, strength, purity, composition, merit or safety, weight, proportion of contents, origin or effects of any food, ingredients or constituent thereof.
• According to Regulation 18 of the Food Regulations 1985, claims not allowed on any food labels are:

1. 1. Claim stating that any particular food shall provide adequate source of all essential nutrients.
   2. Claims implying that a balanced diet or combination of variety of foods cannot supply adequate amounts of all nutrients.
   3. Claims that suggest on the suitability of a food which can prevent, alleviate, treat or cure a disease, disorder or other physiological condition.
   4. Claims that caused the consumer doubt about the safety of similar food.
   5. Claims that could give rise to doubts or exploiting the feeling of fear to the consumer.
   6. Claims which cannot be substantiated.

• According to Regulation 18A of the Food Regulations 1983, the claims of ‘no added sugar’ are valid only when the following conditions are met:

1. 1. no sugar of any type is added to the product;
   2. the product does not contain any ingredient that includes sugar;
   3. it does not contain ingredients used as sugar substitutes; and
   4. the product’s sugar content has not been artificially increased beyond what the natural ingredients contribute. Additionally, if a product claims to have no added sugar, the amount of naturally occurring sugar per 100 grams or per 100 millilitres serving must be clearly declared on the label.

• In this context, “sugar” encompasses all forms of monosaccharides and disaccharides that are added to the product.

• For toothpaste advertisement on bad breath, it should not be claimed that a toothpaste or other product will destroy bacteria causing mouth odour or that it will provide long lasting freedom from mouth odour.
• For toothpaste advertisement on food particles, no advertisement for a toothpaste, chewing gum or tablets intended to clean the teeth should suggest that the product will remove all food particles from the teeth or gums. It should not be claimed that chewing gum or tablets can take the place of brushing after meals.
• Generally, there are no objections to advertising contraceptive methods, whether generally or specifically, as long as it is noted that certain methods are available only by prescription when appropriate. Advertisements should not exaggerate the effectiveness or safety of specific methods compared to others.

• Advertisements of tobacco products and imitation of tobacco products are both prohibited.
• Substitute tobacco product (including vape) is subjected to the same restriction.

• Due care must be taken when featuring or addressing children and young people in advertisements. Advertisements should not undermine positive social behaviour, lifestyle and attitudes.
• Care needs to be taken that the product advertised and style of advertisement are appropriate for the audience it is primarily directed at.
• Advertisements addressed to or targeting children shall not exploit their credulity, loyalty, vulnerability or lack of experience. It shall be made easy for children to exercise appropriate judgement towards the size, characteristics and performance of advertised products and to distinguish between real-life situations and fantasy provided it is not likely to mislead or to be taken as a positive claim to superior or superlative status.
• The Content Code sets forth 25 principles for advertisements targeting children, while the Malaysian Code of Advertising Practice outlines 18 principles.

• Women and men shall be portrayed as equals in all respects.
• No content shall condone the exploitation of women, men and children. Negative or degrading content on the role and nature of women, men or children in society shall be avoided.

• Advertisements for sale or for rent should not mislead or exaggerate on such matters as:

1. 1. The land itself and any buildings erected or to be erected thereon;
   2. The physical nature – including furnishings and amenities – and appearance of buildings and flats, and their surroundings;
   3. The legal title and formalities;
   4. Rights and easements of any kind;
   5. Planning, building and sanitary requirements;
   6. Taxes, rates and other imposts; and
   7. The prices, terms of payment and loan facilities;

• 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.

Providers should bear in mind Malaysia’ multiracial and multireligious context. The use of religion in any form of advertisement is prohibited to preserve its sanctity and respect sensitivities. Religion should not be exploited for commercial gain or used in a way that could create fear or disharmony among consumers.

• The Malaysian Communications and Multimedia Content Code
• Advertising Standards Authority Malaysia – Malaysia Code of Advertising Practice
• Food Regulations 1985
• PhAMA Code of Conduct 19^th Edition
• Industry Guideline for the Advertisements of Slimming Products
• National Film Development Corporation of Malaysia
• Control of Smoking Products for Public Health Act 2024
• Food Act 1983
• Medicines (Advertisement and Sale) Act 1956
• Registered Medicinal Product Advertising Approval Guidelines
• Medicine Advertisements Board Policy and Decision (Product)
• Product Advertisement Approval Guide

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 (MCC), published by the Myanmar Press Council (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 broadcast, based on moral and ethical values and other standards widely accepted by media industries.

• MOI.
• The National Broadcasting 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 MPC 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.

• 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.

• No express regulations.

• 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.

• None.

• 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.

• 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”).

• Under the Advertising Policy, advertisements relating to the following medical procedures would require prior approval from the Ministry of Health:

1. 1. 1. Unusual treatments;
      2. Organ transplants or blood transplants;
      3. Medical services and courses provided by medical organisations; and
      4. Importation, manufacturing, sale or export of medicines, medical equipment or pharmaceutical products.

• Advertisements that encourage and promote activities which may result in prohibited gambling and addiction are prohibited under the Advertising Policy.

• Advertisements promoting any goods and services must:
• 1. 1. be genuine and truthful;
     2. not exaggerate the quality of such goods and services;
     3. not contain any misrepresentations; and
     4. be clearly distinguished from any news articles, commentaries or reports.
• There are certain types of advertisements prohibited under Section 63 of the Consumer Protection Law 2019 (CPL), such as advertisements that deceive consumers on the quantity, ingredients, mode of use, price of goods and warranty of the goods and services.
• 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.
• Under Section 23 of the Competition Law 2015 (Competition Law), advertisements must not, for the purposes of unfair competition
  1. directly compare goods or services of a business with those of the same type of other business; or
  2. mislead consumers by imitative advertising.
• Under the Myanmar Competition Commission Directive No. 2/2020
  1. advertising that may damage, put at disadvantage or disrupt operations of other businesses is prohibited; and
  2. businesses may only claim to the public that they have the support, recognition or affiliation from an organisation if they can provide evidence of the alleged relationship with the relevant organisation.

• Advertisements promoting F&B products and lifestyle choices which are detrimental to the health of children and youth are prohibited under the Advertising Policy.

• None.

• 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.

• 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.

• The following advertisements are prohibited under the Advertising Policy:
• 1. 1. advertisements that provide bad health examples to, or encourage, children and youths to engage in inappropriate behaviour;
     2. advertisements which instigate speech, behaviour and language that are detrimental to the children’s and youth’s education/learning;
     3. advertisements which promote food and beverage products and lifestyles which are detrimental to the health and well-being of children and youths; and/or
     4. 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).

• 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:
  1. advertisements promoting products and acts that directly or indirectly portray sex-related issues; and/or
  2. advertisements which display or portray acts and attire that instigate deviant sexual behaviour.

• Any advertisements which insult sacred religious buildings or places of worship are prohibited under the Advertising Policy.

• 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.

• The advertising industry is largely self-regulated, but there are government agencies that also regulate aspects of advertising.

Advertising Standards Authority

• Most advertising is self-regulated via the Advertising Standards Authority Incorporated (ASA). The ASA is an industry-created and run body, not a government agency, and it has no statutory powers.
• The ASA creates Codes of Practice and issues Guidelines for those Codes. The Codes currently are:
  • Advertising Standards Code
  • Children and Young People’s Advertising Code
  • Therapeutic and Health Advertising Code
  • Alcohol Advertising and Promotion Code
  • Financial Advertising Code
  • Gambling Advertising Code
• The ASA also hears and determines complaints within its jurisdiction for breaches of the Codes, via the Advertising Standards Complaints Board. Appeals against the Board are made to the ASA’s Advertising Standards Appeal Board.  

Government agencies

• There are two government agencies that regulate certain advertisements:
  • The Broadcasting Standards Authority (BSA) can also determine complaints about advertisements made on television (but not on demand services) that are considered to impact children or promote illegal or antisocial behaviour if neither the broadcaster nor advertiser recognise the jurisdiction of the ASA.
  • The Commerce Commission monitors and takes enforcement actions in the District Court or High Court concerning advertisements that breach the Fair Trading Act 1986, or specific industry legislation and regulations such as the Credit Contracts and Consumer Finance Act 2003 and Regulations 2004 that govern advertising of lending practices.

• No general restrictions.
• The only restrictions are over advertising in linear streams:
  • between 6am and noon on Sundays and Anzac Day; or on
  • particular public holidays (Christmas Day, Good Friday and Easter Sunday)

• No regulations/restrictions exist.

• No specific regulations/restrictions exist, but in some contexts, where the advertiser has control over the placement and content, the Advertising Standards Code requires the placement to be identified as an advertisement.
• Some product-specific codes (e.g., alcohol and tobacco) apply to both advertising and product placement.

• No particular restrictions but must comply with New Zealand laws unless they are not intended for a New Zealand audience.

• No government levy for the ASA. Members of the ASA pay a subscription determined by the ASA.
• Government levy on broadcasters (but not advertisers) for the BSA where the broadcaster’s total revenue from broadcasting in New Zealand exceeds $500,000.  The levy to the BSA is calculated as total review x 0.00051.

• No regulations/restrictions exist.

• Must comply with the Supply of Alcohol Act 2012, which prohibits the irresponsible promotion of alcohol, including promoting excessive consumption and targeting minors. Breaches of those provisions are a criminal offence.
• Alcohol advertising and promotions must comply with principles set out in the ASA’s Advertising and Promotion of Alcohol Code, which include:
  • observing a high standard of social responsibility;
  • being consistent with the need for responsibility and moderation in consumption;
  • being directed at adults, not minors; and
  • being careful with alcohol sponsorship, including primarily promoting the sponsored team/individual/activity and restricting references to the sponsor and the sponsor’s products.
• These principles are accompanied by more detailed guidelines.
• The BSA’s Standards also includes similar, legally binding standards on alcohol promotion under Standard 3. The BSA notes however that the level of editorial control is important. If the content is shown on foreign pass-through channels where the broadcaster has little editorial control, then that may avoid fining the Broadcaster has breached the Standard.

• Must comply with the Medicines Act 1981 (ss 56-62), which restricts advertisements relating to any medicine or medical device. The Act requires advertisements to:
  • be factually correct and complete
  • include certain regulatory information;
  • not suggest that the medicine or device cannot harm people or is a panacea or infallible;
  • not include healthcare professional endorsements other than for services to support a normal bodily function;
  • not include patient testimonials other than for natural health products and dietary supplements and services to support normal bodily function;
  • not suggest that the medicine, device or treatment has beneficially improved the health of a real or fictitious person;
• The ASA’s Therapeutic and Health Advertising Code applies to therapeutic and health advertising. The Code requires that:
  • Specific accompanying disclaimers are required.
  • Claims must be substantiated and not mislead, exaggerate, promote excessive use or glamorise
  • Claims must observe a high standard of social responsibility.

• Must comply with the Gambling Act 2003, which prohibits advertising overseas gambling.
• Must comply with the ASA Gambling Advertising Code. Advertisements must comply with New Zealand laws, promote social responsibility (including not advertising to minors) and not be misleading or deceptive.
• Notably advertisements in New Zealand can capture not only the promotional “advertisement” but also the website that the advertisement directs the consumer to the entirety of that conduct considered to be the “advertisement”.

• Two major consumer protection schemes apply to promotions, offers and sales made in New Zealand: the Fair Trading Act 1986 and the Consumer Guarantees Act 1993.
• The Fair Trading Act applies to any promotion made in New Zealand of services or goods (or, in some cases, even promotion outside New Zealand), while the Consumer Guarantees Act only applies where there is an offer to supply goods or services in New Zealand.
• Under both statutes, claims made in advertising about a good or service must be:
  • Accurate and not misleading; and substantiated
  • This applies regardless of whether the claim is express or implied.
• Further, the Fair Trading Act prohibits bait advertising.
• There are also some industry specific statutes that impose further specific limits on claims:
  • Part 2 of the Financial Markets Conduct Act 2013 also contains similar provisions over the marketing of financial products and services.
  • The Credit Contracts and Consumer Finance Act 2003 and Responsible Lending Code also contains restrictions and obligations on offers of lending what claims can be made in relation to consumer credit contracts. 

• Must comply with the Food Act 2014, which prohibits false or misleading claims around age, composition, effects, nature, origin and other characteristics of the food or food-related accessories. The Act also imposes additional requirements around disclosure.
• Must comply with the ASA Advertising Standards Code, which imposes particular obligations where food advertisements contain nutrient, nutrition or health claims (Rules 1(h), 2(g)) from 1 November 2024.
• Food advertisements that influence children (14 years and under) and young people are subject to the ASA Children and Young People’s Advertising Code, which requires social responsibility and restricts misleading claims, promotion of excess or unhealthy eating or endorsements by well-known persons or characters (Rules 1(i), 1(j), 1(k), 1(l)), 2(f), 3(a), 3(b). Specific codes include the Infant Nutrition Council’s Code of Practice for the Marketing of Infant Formula.

• Food advertisements that influence children (14 years and under) and young people are subject to the ASA Children and Young People’s Advertising Code, which requires advertisements not to mislead around high-fat products being low in sugar or being sugar free, or claiming products high in sugar to be low fat or fat free (Rule 2(f))
• Australia New Zealand Food Standards Code requires labelling around sugar, and prohibits claiming foods that have more than 2.5g of sugar per 100mL of liquid food or 5g of sugar per 100g of solid food as being “low sugar”. The Code also imposes requirements around claims of “reduced sugar” or “% sugar free”, “no added sugar” and “unsweetened”.

• No specific requirements, but the following ASA Codes apply:
  • Therapeutic and Health Advertising Code which requires advertisements to be truthful, balanced and avoid glamorising such products or services.
  • Advertising Standards Code, which says that sexual imagery or language must be appropriate to the audience and medium (Rule 1(c)).

• Part 2 of the Smokefree Environments Act 1990 generally prohibits tobacco advertising or sponsorship.  However, advertisements in television, film or videos made outside New Zealand are exempt from the advertising prohibition, unless the main purpose of that is to promote tobacco or the television broadcast is targeted primarily at a New Zealand audience.

• Must comply with ASA Children and Young People’s Advertising Code. This Code restricts/regulates the use of violence, horror, anti-social behaviour, unsafe acts, weaponry, sex and gambling. Further restrictions apply to misleading, exaggerated or exploitative advertising.

• The ASA Advertising Standards Code requires that advertisements not portray people in a manner which, taking into account generally prevailing community standards, is reasonably likely to cause serious or widespread offence on the grounds of gender (among other grounds) (Rule 1(c)).
• Restrictions on the use of sexual depictions of people or groups of people are only permitted when used to advertise relevant products and services, and there are age restrictions and restrictions around audience and medium (Rule 1(c), 1(d)).

• No specific restrictions, but generic obligations on misleading conduct or unsubstantiated claims apply.

See links above

Advertising in Pakistan is governed by a framework of laws and regulations aimed at ensuring that content is appropriate and does not offend public morals or safety.

The Indecent Advertisements Prohibition Act, 1963 prohibits any form of indecent advertisements. It provides an outline as to what constitutes indecent content and restricts advertisers from promoting such material.

Further, the Electronic Media (Programmes and Advertisements) Code of Conduct, 2015 provides comprehensive guidelines for advertisements where it prohibits licensees of Pakistan Electronic Media Regulation Authority (PEMRA) from airing advertisements that are obscene, violent, harmful to health or property, or violate any laws of Pakistan. Additionally, the Code of Conduct emphasises the protection of children by restricting the broadcast of certain ads directly to them.

The PEMRA Rules 2009 regulates the duration of advertisements and ensuring that all licensees adhere to the Code of Conduct set forth by the PEMRA. These rules collectively ensure that advertising remains within the bounds of decency, legality, and public safety.

Additionally, the Prevention of Electronic Crimes Act (PECA), 2016 grants the Pakistan Telecommunication Authority (PTA) the power to give directions for the removal or blocking of access to online content, including advertisements, through any information system in the interest of public order, decency, morality, and other critical national interests. Given that OCC TV can fall under the category of information systems, advertisements that violate these standards can also be governed and regulated under PECA.

Pakistan Electronic Media Regulatory Authority (PEMRA) for traditional delivery

Pakistan has issued the Removal and Blocking of Unlawful Online Content Rules, 2021, which empowers the Pakistan Telecommunication Authority (PTA) to order any service provider (which may include a provider offering pay TV through the internet) to remove any online content if it considers necessary in the interest of glory of Islam, security of Pakistan, public order, decency and morality or integrity or defence of Pakistan.

Maximum 3-minute continuous advertisements during each 15 minutes of regular programming for traditional delivery

N/A for pay TV delivered through internet

N/A

No restrictions.

For traditional delivery: Advertisements are permitted but limited to a maximum of 3 minutes of continuous advertisements for every 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.

For Pay TV delivered through the internet: N/A

Provincial sales tax on advertisement services is applicable.

N/A

For traditional delivery: Prohibited

For pay TV delivered through the internet: No specific regulation, though its removal may be requested by PTA.

For traditional delivery: Prior permission from the Federal or Provincial Government is required for any health-related advertisement.

For pay TV: No specific regulation, though its removal may be requested by PTA if the advertisement is not approved by Federal or Provincial Government.

For traditional delivery: Prohibited

For pay TV delivered through the internet: No specific regulation, though its removal may be requested by PTA.

For traditional delivery: Misleading claims are prohibited.

For pay TV delivered through the internet: No specific regulation, though its removal may be requested by PTA.

N/A

N/A

For traditional delivery: While there are no specific guidelines in relation to advertisements related to personal hygiene/ sanitary goods, regarding condoms, advertisements will not be permitted if they glorify adultery, lustful passions or contain indecent or vulgar themes or treatment.

For Pay TV delivered through the internet: Advertisements deemed by PTA to be vulgar may be subject to content removal requests.

For traditional delivery: Prohibited

For traditional delivery: Ads cannot directly ask children to buy products or ask their parents to do so

N/A

N/A

None.

• 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 largely 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 29 April 2024].
• In general, state regulation over advertising in pay TV comes in the form of segmented product or industry-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 penalising 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.

• The Department of Trade and Industry (DTI) is the main agency responsible for the enforcement of the provisions of R.A. No. 7394 or the Consumer Act of the Philippines relating to advertising and sales promotions, specifically, the handling of consumer complaints for false, deceptive or misleading advertisements and the penalisation thereof, except for those relating to food, drugs, cosmetics, devices and hazardous substances, which are regulated by the Food and Drug Administration (FDA) under the Department of Health (DOH).
• Apart from the DTI and FDA-DOH, other regulatory bodies also regulate advertising for specific products or industries, such as:

1. 1. The Civil Aeronautics Board (CAB) for airline promotions;
   2. The Department of Human Settlements and Urban Development (DHSUD) for real estate advertisements;
   3. The National Telecommunications Commission (NTC) for advertisements sent to subscribers of public telecom entities;
   4. The Department of Labor and Employment (DOLE) for the use of minors in advertisements;
   5. The Commission on Elections (Comelec) for election propaganda/political advertisements; and
   6. The Philippine Amusement and Gaming Corporation (PAGCOR) for advertisements and promotions relating to gambling and gaming activities (land-based and digital).

• P.D. 1986 created the Movie and Television Review and Classification Board (MTRCB) to review and regulate all motion pictures and television programmes, including publicity materials. The MTRCB deputised the Kapisanan ng mga Broadcaster ng Pilipinas (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 Ad Standards Council (ASC) is a non-stock, non-profit organisation 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. For subjects with specific regulatory bodies such as gambling, food and drugs, the ASC works in conjunction with the concerned government agencies to help ensure that advertisements are compliant with the law and follow the necessary regulatory practices in the Philippines. For instance, the DTI has renewed its partnership with the ASC, urging it to continue the pre- and post-screening of advertising material content in line with the Consumer Act of the Philippines and the ASC Code of Standards and Ethics.
• However, with respect to election propaganda of any kind, whether on television, radio, newspaper or any other medium, the regulation of such materials and paraphernalia remains solely with the Commission on Elections. 

• 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.
• Pursuant to Executive Order No. 436, advertisements may only be inserted into Pay TV programming with the consent of the relevant programme provider.

• No regulations/restrictions exist.

• No direct or indirect advertising or marketing of cigarettes or tobacco products is allowed pursuant to Republic Act No. 9211. Advertising materials shall only be at the point-of-sale/purchase in accordance with DTI-Inter-Agency Committee/Tobacco Memorandum Circular No. 01, s. 2004.
• Except through medical journals or literature exclusively meant for medical and associated professionals, no pharmaceutical product categorized as a prescription or ethical drug shall be advertised or promoted in any form of mass media. (FDA Advisory No. 2022-0108)
• The MTRCB has the authority to approve or disapprove, delete objectionable portions from and/or prohibit the importation, exportation, production, copying, distribution, sale, lease, exhibition and/or television broadcast of the motion pictures, television programmes and publicity materials which, in the judgment of the board applying contemporary Filipino cultural values as standard, are objectionable for being immoral, indecent, contrary to law and/or good customs, injurious to the prestige of the Republic of the Philippines or its people, or with a dangerous tendency to encourage the commission of violence or of a wrong or crime, such as but not limited to: those which serve no other purpose but to satisfy the market for violence or pornography; or those which tend to abet the traffic in and use of prohibited drugs. In making an evaluation, the MTRCB will review a material in its entirety on the basis of its treatment of the following – theme, violence, language, nudity, sex, horror, and drugs.

• No regulations/restrictions exist.

• No regulations/restrictions exist.

• 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.

• 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.

• 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 dramatise 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.

• 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 authorised by law is still subject to the Code of Ethics applicable to the advertising medium.
• Only lotteries that are licensed or authorised 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 programmes.
• 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 authorised 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.

• 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.

• 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:

1. 1. 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.
   2. 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.”
   3. 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.

• There are no specific regulations in the Philippines regarding advertisements for sugar content of food and beverages.

• 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.

• Prohibited. Advertising of cigarettes or tobacco shall be at the Point of Sale/Purchase only.

• 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.

• 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 programmes.
• 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.

• All advertisements for the sale of subdivision lots and condominium units must be declared and approved by the Department of Human Settlements and Urban Development (DHSUD).
• 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.

• 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.

http://asc.com.ph/

http://www.kbp.org.ph/

http://ncr.ntc.gov.ph/

• 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.

• The 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.
• The 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).

• 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 programmes in a sports belt or sports channel if the average duration per hour on the same day does not exceed 14 minutes.

• We are not aware of any Nationwide Subscription TV-specific restrictions on advertising revenue.

• Product placement on pay TV channels is governed by the TRAS Code. This code applies to a pay TV channel’s local programmes, locally packaged channels or any other programmes 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 programme, and that product references must be editorially justified.
• Stricter rules apply to news, current affairs, info-educational and children’s programmes.
• The TRAS Code also stipulates that programmes should not contain strong elements of advertising and appear like an advertorial.

• There are no restrictions specifically for foreign commercials.
• But they would be subject to the same advertising regulations mentioned above.

• 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).

• 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’ and ‘we interrupt this programme…’ are reserved for important news and public service announcements. Their use in advertisements and programme promotions is not permitted.

• 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 emphasise the stimulant, sedative, or tranquillising effects of any drink.
• 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.
• Under the Food Regulations, no liquor for which medicinal properties are claimed shall be advertised as food.

• The 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.
• Besides the SCAP, the Medicines Act 1975, the Medicines (Medical Advertisement) Regulations, the Health Products Act 2007, and the Health Products (Advertisement of Specified Health Products) Regulations regulate the advertising of medicines in Singapore. Regulatory guidance documents are also periodically released by Singapore’s Health Science Authority (HSA).
• Examples of guidance includes: the Guide on Advertisements and Sales Promotion of Medicinal Products; the Explanatory Guidance to the Health Products (Advertisement of Specified Health Products) Regulations 2016; and Guidance for Licensees under the Private Hospitals and Medical Clinics Act and Healthcare Services Act. While these codes and guidelines do not have the force of law, they are treated as clarificatory and guiding principles that govern the advertising of medicines and medical devices in Singapore.
• For therapeutic products (TPs), which are health products intended for use by and in humans for a therapeutic, preventive, palliative, or diagnostic purpose, advertisements must comply with the principles and requirements laid out in the Health Products Act and the Regulations.
• Such principles and requirements include the following:
  • A person may not advertise a health product in a false or misleading way;
  • Advertisements of TPs must not directly or indirectly cause the reader to self-diagnose or self-treat any serious diseases;
  • Advertisements involving TPs must not exploit the lack of knowledge of consumers;
  • Advertising of TPs must also not encourage inappropriate or excessive use of the TP;
  • Advertisements must not directly or indirectly cause fear, alarm, distress to the consumers or abuse the trust, exploit the lack of knowledge of any consumer in advertisements;
  • Where advertisements of a TP contain any statement, assertion, certification, award or feature of uniqueness or prominence differentiating the TP from any other competing or similar TP, the statement, assertion, certification, award or feature must be substantiated by facts or evidence.
  • Advertisements for TPs must not compare or contrast a specified TP with any other named TP or a brand thereof. For instance, advertisements directed to members of the public should not contain comparative claims against another TP or brand, for example, by saying the TP “works faster or more effective than Brand xxx”. However, comparisons among products within the same brand by the same company to highlight difference between products are allowed.

• The TRAS Code prohibits advertisements that promote gambling.
• Public service messages on or related to gambling are allowed.

• 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.
• The SCAP highlights that research results or other statistics should not be misused or misrepresented in a way that implies greater validity they really have.

• The SCAP provides the following:
  • advertisements should not actively encourage children to eat excessively throughout the day or to replace main meals with confectionery or snack foods;
  • there shall not appear in any advertisement of any food for sale the words “recommended by the Medical Profession” or any word or words or pictorial representations that may imply or suggest that the food is recommended, prescribed or approved by medical practitioners;
  • advertisements addressed to the general public for food products (or food supplements) containing polyunsaturated fats or polyunsaturated fatty acids should not contain any claim that the inclusion of such fats in the diet or substitution for other fats of different chemical constitution offers any specific health benefit;
  • Protein claims in food advertising must conform to the Food Regulations;
  • Advertisements for food offered as diet aids should give a quantitative statement of the ingredients contained in it on which the claim of special suitability is based;
  • Diet aids, such as foods, food substitutes, or appetite suppressants, may not be advertised except in terms that make clear that they can only be effective when taken in conjunction with or as part of a calorie-controlled diet. Such effectiveness should be clearly substantiated with results of human trials that can take into account the placebo effect, i.e., the trials should be independently conducted double-blind placebo-controlled trials published in peer-reviewed scientific or medical journals. Due prominence should also be given in all advertisements to the part played by the diet.
• The ASAS’ Children’s Code for Advertising Food and Beverage Products (Children’s Code) also applies. Special care should be taken in marketing communications of food and beverage products[3] that are primarily addressed to children[4] in any media.
• Under the Children’s Code, such marketing communications:
  • should be designed and delivered in a manner to be understood by children;
  • should not be misleading or deceptive in relation to any nutritional or health claims;
  • should not be ambiguous or provide a misleading sense of urgency;
  • should not feature practices such as price minimisation inappropriate to the age of the intended audience;
  • in relation to promotional offers, should not create an undue sense or urgency in children or encourage the purchase of excessive quantities for irresponsible consumption;
  • in relation to promotional offers, should ensure that the product is significantly featured and should not encourage children to eat or drink a product only to take advantage of a promotional offer. The product should be offered on its merits, and the offer should serve only as an added incentive;
  • in relation to premiums, must not urge children or their parents to buy excessive quantities of the product. They should not directly encourage children only to collect the premiums, or unduly emphasise the number of items to be collected. The closing dates for premiums should enable the whole set to be collected without having to buy excessive or irresponsible quantities of the product within a short timeframe. Children should not be urged to buy the product in a hurry;
  • in relation to premiums, should not give children a false impression that the premium, and not product, is the item being advertised;
  • in relation to premiums, must clearly state the terms and conditions, as well as limitations;
  • in relation to premiums, should not encourage children to consume the product in excess in a bid to obtain the premium;
  • in relation to popular personalities or celebrities (live or animated), admired figures or role models (Icons), must not use such Icons to promote or endorse the product, or a premium, in such a manner as to extol the virtue of the advertised product or undermine a healthy diet;
  • in relation to Icons, must not suggest that consumption of the product would enable children to resemble an Icon;
  • in relation to Icons, must not suggest that the non-consumption of the product would imply that the children are not being loyal to the Icon they admire;
• Under the Children’s Code, popular personalities or celebrities (live or animated) well known to children may present factual and relevant statements about nutrition and health.
• Under the Children’s Code, popular personalities or celebrities (live or animated) that are primarily popular among children should not be used to endorse food and beverage products that do not meet the common nutrition criteria endorsed by HPB.
• Under the Food Regulations, no person shall advertise any prepacked food if the package of prepacked food does not bear a label containing all the particulars required by the Regulations.
• Under the Food Regulations, except where the Regulations prescribe otherwise, a person must not advertise certain specified articles of food and/or food containing specified certain food additives, incidental constituents in food.
• The Food Regulations also state that an advertisement for food, other than a label, must not contain any statement, word, brand, picture, or mark that is prohibited by regulation 9[5], other than to the extent permitted under regulation 9A or 9B.

• Under the Food Regulations, a person must not publish, cause to be published, or take part in the publication of, any advertisement used or apparently used to promote, directly or indirectly, the sale of a Nutri-Grade beverage graded “D” (this includes beverages with a sugar content of more than 10 grams per 100ml), except where:
  • the advertisement does not contain a recommendation relating to the consumption of the Nutri-Grade beverage and is published by means of a catalogue, price list or other document for the purpose of supplying the Nutri-Grade beverage by wholesale;
  • the advertisement only provides information about the Nutri-Grade beverage’s name or price or both but does not otherwise promote its sale and is published (i) on the corporate website of (A) a manufacturer, an importer or a distributor of a Nutri-Grade beverage that is not freshly prepared; or (B) a seller of a freshly prepared Nutri-Grade beverage; (iii) as part of a product launch that is not accessible to any member of the general public other than an invited guest; or (iv) in the form of a press or media release;
  • the advertisement complies with all of the following requirements: (i) the advertisement is published at a variety shop or an online variety shop; (ii) the advertisement is for a prepacked Nutri-Grade beverage that is not freshly prepared; (iii) the advertisement displays an image of the Nutri-Grade beverage’s Nutri-Grade mark, except that an advertisement that involves communication in an audible message need not display the image but must include the audible message that “The Nutri-Grade of this product is D”; or
  • the advertisement is a menu, poster, sign or other material labelled in accordance with regulation 184D(4A) and (4B).

• 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.
• The 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.

• The Tobacco (Control of Advertisements and Sale) Act 1993 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.

• 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.
• Please see the information provided under the ‘Food & Beverages – General Category‘ in relation to the Children’s Code.

• We are not aware of any specific regulations or restrictions on advertisements targeting women.

• The 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.

• 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).

• 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
• Advertising Standards Authority of Singapore
• Singapore Code of Advertising Practice
• Food Regulations
• Health Products Act 2007
• Health Products (Advertisement of Specified Health Products) Regulations 2016
• Medicines Act 1975
• Medicines (Medical Advertisement) Regulations
• Guide on Advertisements and Sales Promotion of Medicinal Products
• Explanatory Guidance to the Health Products (Advertisement of Specified Health Products) Regulations 2016
• Guidance for Licensees under the Private Hospitals and Medical Clinics Act and Healthcare Services Act

• Korea’s “Regulations on Evaluation of Broadcast Advertising” regulate general matters concerning broadcast advertising.

• Korea Communications Commission (KCC) remains responsible for broadcast advertising.
• Regulations on media representatives are being restructured. In the past the Korean Broadcast Advertising Commission (KOBACO) was deputised by the KCC as the sole mediator between advertising agencies and the media. (Other sales agents for terrestrial advertising are now permitted.)

•  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 programme duration on average, but no more than 20% of the programme duration;
  • in respect of programme ads (i.e., ads aired during the programme), no more than 1 minute of ads per each airing of the programme; the number of times a programme ad may be aired may vary depending on the length of the programme.

•  No restrictions

• Conditionally permitted. Relevant conditions are as follows:
  • Indirect advertisements are permitted in general arts and entertainment broadcasting programmes 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 programme.
  • 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. 

• Allowed.
• Foreign retransmitted channels on pay TV may not include ads aimed at the Korean market specifically.

• None, although there is a commission payable by terrestrial broadcasting companies to KOBACO (or other agent) for broadcast advertising. 
• General Service Programme Providers (“jonghap-pyunsung” Programme Providers”) pay commission fees between 15% to 19% of the ad revenues generated by advertising sales agencies (including KOBACO) to KOBACO.

• Broadcasting operators must schedule non-commercial public service advertisements within 1% of their total monthly broadcast time per channel, as notified by the KCC.

• 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.

• 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.

• Prohibited.

• Must be substantiated.
• Comparative advertising generally allowed, but unsubstantiated or unfair comparative ads are subject to sanctions from the Act on Fair Labelling and Advertising.
• The following unsubstantiated ads are also prohibited: False or exaggerated advertising; Deceptive advertising; Slanderous advertising.

• Regulated. Prohibited products are manufactured powdered milk, manufactured milk and nursing bottles.

• Unregulated

• 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.

• Prohibited.

• Junk food ads and ads for high-caffeine drinks should not be screened between 5:00PM and 7:00PM, or on programmes 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 programme.
• Ads featuring characters of programmes targeted for children must not be aired during the programme or before/after the programme, so as to prevent children from mistaking the ads as regular programmes. This does not apply to public service ads.

• 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).

• 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.

• Broadcast advertising must not include expressions that incite discrimination, prejudice, or conflict based on nationality, race, age, occupation, religion, belief, disability, class, or region.

None.

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 Mass Media (MMM) 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 MMM 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, although there may be practical difficulties encountered in enforcing the same where the Pay TV provider does not have a place of business in Sri Lanka.

The MMM collects the levy imposed by the Regulation.

The secretary to the MMM issues the certificate of clearance required of all foreign teledrama, films and commercials, as stated under the Regulation.

There are no restrictions on minutage.

 There are no restrictions on revenue.

There are no regulations on product placements.

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 broadcast 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 MMM.

As per Gazette (Extraordinary) No. 1686/4 dated 27^th December 2010 published under section 22G of the Sri Lanka Telecommunications Act, No. 25 of 1991, cess is payable at the rate of 2% on the annual gross turnover of the operator, which is applicable when the pay TV operator uses a telecommunication service.

There are no requirements of public service announcements by a pay TV operator

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 authorise 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 or radio programme 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.

In terms of the National Medicines Regulatory Authority Act No. 05 of 2015 (NMRA Act), no person must advertise any medicine, medical device or any borderline products¹ 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 (NMRA) is required for the advertising of any medicine, medical device or borderline product.

Although the aforesaid restrictions are imposed in relation to advertising medicines, medical devices or borderline products, since such restriction is precluded by the words “no person”, which can be interpreted broadly so as to encompass a broadcaster or publisher of the advertisement, the said restrictions imposed by the NMRA Act will be applicable to pay TV providers.

Further, the Guideline on Advertising of Medicines and Medicinal Products to General Public published by the NMRA on 15^th October 2019 will be applicable for an advertisement concerning a medicine or medicinal product, as defined therein. These Guidelines contain specific references to advertisers which must be complied with in relation to the advertisement of medicines and medicinal products. The said Guidelines can be accessed at: https://nmra.gov.lk/images/PDF/guideline/Guideline-on-Advertising-of-Medicines–Medicinal-products-.pdf

However, if the pay TV provider has no presence in Sri Lanka, there may be issues relating to enforcement of offences committed under the NMRA Act.

There are no regulations in relation to gaming advertisements.

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.

Since a pay TV provider may promote the supply or use of goods or services in the course of advertising, the CAA Act will be applicable.

Additionally, the Food (Labelling and Advertising) Regulations 2005 published in Gazette (Extraordinary) No. 1376/9 dated 19^th January 2005 made under the Food Act, No. of 1980 (Food Act) (Food Regulations) also impose restrictions on advertisements of food containing false claims or misleading descriptions, claims that the food has special characteristics, or containing the words that it is recommended or suggests that it is recommended by a medical practitioner.

Therefore, the restrictions imposed by the Food Regulations will apply.

However, if the pay TV provider has no presence in Sri Lanka, there may be issues relating to enforcement of offences committed under the Food Act.

The restrictions set out in the Food Act and the Food Regulations are applicable to pay TV providers.

The Food (Colour Coding for Sugar Levels) Regulations 2016 published in Gazette (Extraordinary) No. 1965/18 dated 3^rd Mary 2016 apply to the advertising of sugar beverages.

The Food (Colour Coding for Sugar, Salt and Fat) Regulations 2019 published in Gazette (Extraordinary) No. 2119/3 dated 17^th April 2019 contains provisions regarding the advertising of solid or semi-solid food containing sugar. These regulations therefore cover inter alia the advertisement of any solid or semi-solid food which contains an amount of sugar, salt, or fat (as specified in the Regulations), to be in accordance with the labelling requirements therein.

Please refer to our discussion under pharmaceutical products.

 Please refer to our discussion under alcohol products.

The Food Regulations contains restrictions with regard to the advertisements of food concerning children.

There are no specific regulations in relation to advertisements targeting women or of women’s products.

There are no specific regulations in relation to advertisements of property.

None.

None.

• 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 jeopardise a consumer’s wellbeing or health.

• The National Communications Commission (NCC) regulates mass media.
• The Taipei Association of Advertising Agencies (TAAA) provides the guidelines for self-regulation.

• 1/6 programme time.
• A segment of advertisements may be inserted three times in programmes that last up to 30 minutes, and six times in programmes that last up to 60 minutes.
• For programmes that air for more than 60 minutes, the number of advertisements that may be broadcast shall be determined using the principle mentioned above.

• No regulations/restrictions exist.

NCC generally permits commercial product placement for programmes except in the case of news and children’s programmes. However, limitations are in place to protect the rights and interests of the audience. 

• 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.
• The product placement must conform to the principle of proportionality and must not affect viewers’ rights. For example, in cases of title sponsorship, the sponsor’s information should not appear for more than three seconds at a time and should not be accompanied by audio.
• Moreover, a television business shall not accept title sponsorship for its programmes for children.

• In theory, must be approved beforehand by the central regulatory agency. However, it is not clear whether this requirement is strictly enforced.

• 1% annual revenue of system operators.

• In the event of a natural disaster or emergency, the NCC may direct system operators to stop transmitting programmes or designate specific programmes or messages to be transmitted, in order to safeguard public safety and welfare.

• All advertisements must carry the warning caption in Chinese stating, “EXCESSIVE DRINKING IS HAZARDOUS TO LIFE” and “Driving After Drinking is Prohibited”.
• No TV advertising of alcohol permitted between 6:00AM – 9:00PM.

• Subject to Food and Drug Administration approval on an annual basis. Moreover, persons other than pharmaceutical dealers are not allowed to make advertisements for medicaments.

• Gambling is a crime in Taiwan, except for the lotteries run by the financial institutions under due authorisation of the government. Therefore, only the latter can be advertised.

• Subject to approval.

• The labelling, promotion, or advertisement of foods, food additives, food cleansers and food utensils, food containers or packaging must comply with regulations set by the central competent authority. It is prohibited to use false, exaggerated, or misleading information in any advertising material. Violators of these regulations can incur fines between NT $40,000 and NT $400,000. To curb the proliferation of non-compliant food advertisements, the competent authority raised the fines in 2024, empowering authorities to triple the fines for major non-compliance cases.
• 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.

• Not yet regulated.

• Contraceptive advertising subject to Food and Drug Administration approval.

• Prohibited.

• Relies on self-regulation.
• Children shall not perform in alcohol TV advertising.

• No regulations/restrictions exist, other than the requirement to avoid sexual words in advertisements.

• No special restrictions.

• China produced advertisements and China products & services advertisements are generally prohibited from advertising, except those that comply with Regulations for Advertising Goods, Labor and General Services of the Mainland Area in the Taiwan Area. For instance, advertising activities may be carried out in Taiwan for goods from China that are permitted for import according to trade regulations.
• All ads must use traditional Chinese characters.

• 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
• Cable Radio and TV Act (有線廣播電視法) in Chinese
• Cable Radio and TV Act (有線廣播電視法) in English

• Regulatory Organisations
  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 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 1979.

• 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.

• No regulations/ restrictions exist.

• No regulations/ restrictions exist.

• No regulations/ restrictions exist.

• 4% of gross revenue.

• No regulations/ restrictions exist.

• Extensively restricted under the Alcohol Control Act 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.

• Copy must be approved by the Thai FDA.
• Must adhere to the Drug Act 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.

• Restrictions apply. Games/gambling activities as prohibited under the Gambling Act of 1935 are not allowed to advertise.

• Substantiation must be provided upon request under the Consumer Protection Act.

• Subject to Thai FDA approval. Copy must be approved beforehand under the Food Act B.E. 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.

For the period of 1 April 2023 – 31 March 2025, the sweetness tax applies in proportion of the sugar quantity at the progressive rates under the Excise Tax 2017 as follows:

• Sugar content of 6-8 grams will be charged a tax rate of 0.3 baht per liter.
• Sugar content of 8-10 grams will be charged a tax rate of 1 baht per liter.
• Sugar content of 10-14 grams will be charged a tax rate of 3 baht per liter.
• Sugar content of 14-18 grams will be charged a tax rate of 5 baht per liter.
• Sugar content of from 18 grams will be charged a tax rate of 5 baht per liter.

Products subject to excise tax from the amount of sugar are in 2 groups:

• Drink
• Products that use beverages that are in the form of powders, flakes, or concentrated beverages that contain sugar and can be dissolved in water.

• Must adhere to the Cosmetics Act 1992.

• Prohibited.
• Live broadcasts from abroad are exempt from this rule.

• 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 regulations/restrictions exist.

• No regulations/restrictions exist.

• 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 1979, as amended.

• FDA THAI : Food and Drug Administration, Thailand (moph.go.th)
• Office of the Consumer Protection Board, Thailand
• The Advertising Association of Thailand (AAT)

• All advertising activities in Vietnam are governed by the Law on Advertising 2012, which was 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, 2019, 2021 and 2023) (Decree 181) and Circular 10/2013/TT-BVHTTDL (as amended and supplemented in 2018). Violations of advertising regulations shall be subject to, as applicable, administrative sanctions provided for under Decree 38/2021/ND-CP, criminal charges under the Criminal Code and payment of damages as applicable.

General Principles

• Laws, decrees and circulars on advertising and media in general have historically emphasised 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 of the country is prohibited.
• Most of the general advertising regulations are also applicable to pay TV. No regulations are specifically targeted at and 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.
• Decree No. 06/2016/ND-CP regulates the management, provision and utilisation of radio and TV services was amended and supplemented by Decree 71/2022/ND-CP.

• The Ministry of Culture, Sports and Tourism is the main regulator for advertising activities.
• The Ministry of Information and Communications (MIC) is the regulator for advertising on the internet.
• Certain ministries (e.g., the Ministry of Health, Ministry of Information and Communication etc.) cooperate 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, and district-level) carry out the State administration of advertising activities within their respective localities in accordance with their respective authority.

• Should not exceed 5% of the total duration of programmes broadcast on any one day, excluding specialised advertising programmes/channels.
• Feature film programmes permit a maximum of 2 advertising breaks, with each break not exceeding 5 minutes per programme.
• Entertainment programmes permit a maximum of 4 advertising breaks are permitted, with each break not exceeding 5 minutes per programme.
• Advertisements are not permitted within news programmes or live radio or TV programmes showing special political events or ceremonies of nationally important events.

• No regulations/restrictions.

• When displaying advertising for products with the main information content in the form of text or a series of moving images, the advertising products must be displayed close to the bottom of the screen. They must occupy no more than 10% of the screen’s height and should not impede the primary programme content. Advertising in this form does not count towards the advertising time of the visual newspaper.

• 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) newspapers, websites and publications which are licensed to be published in foreign languages; or (iii) radio and TV programmes in foreign languages.
• If an advertisement is in both Vietnamese and a foreign language, then the size of the foreign language is not to be larger than 3/4 the size of the Vietnamese text and must be placed under that.  If the advertisement is presented in visual or audiovisual form, then the Vietnamese version is required to precede the foreign language version (i.e., it must be shown or read first).
• All advertisements on Pay TV must be inserted in Vietnam. Advertisements on Pay TV must not include advertising information already installed from foreign programmes/channels. The press agency that was granted the Editorial Licence is the focal point for advertising installation and is responsible for the duration and content of advertising and ensuring legal and regulatory compliance of the advertisements for Pay TV.

• No regulations/restrictions.

• No regulations/restrictions.
• The Law on Advertising applies to advertisements of services/products regardless of whether the purpose is for profit. There is no separate regulation governing public service announcements (PSAs). PSAs may be treated as a form of regular advertisement under the Law on Advertising, and all the above conditions are applicable to PSAs.

• Highly regulated.
• Advertising alcoholic beverages with alcohol content of 15% or more is prohibited.
• For those alcoholic beverages which are permitted to be advertised, the advertisements are also subject to further requirements on prevention and control of harmful effects of alcohol and beer, namely: (i) advertisements for beer and alcoholic beverages with less than 15% alcohol content must include written warnings with a contrasting colour to the background colour to ensure easy visibility, occupy at least 10% of the advertising area and must be displayed across the entire width of the screen, (ii) warnings must be clearly read aloud with a speed equivalent to the speed of other content in the same advertisement.

• Highly regulated, and subject to approval by the Ministry of Health.
• 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.
• 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.

• Prohibited.

• Regulated.
• Advertisements making a direct comparison with other products are prohibited in Vietnam.
• If the product reflects its position in the general market by using superlatives or words with a similar meaning, then 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 for a period of one year; thereafter, new market surveys or certifications will be required, or such claims will no longer be permitted.

• Regulated, and 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 and food processing aids; and 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 authorised by that party, is responsible for obtaining the registration.
• Advertising content certification must be obtained by the producer, supplier, or 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, ingredients for blending with food.
• Advertising content certification must be obtained by the producer or supplier from the Ministry of Industry and Trade before advertising wine, beer, soft drinks, processed milk, vegetable oil, powder, starch, and confectionary products.
• Advertising content for foods and beverages are also regulated.
• All foods and beverages with illegal origins are prohibited from advertising in Vietnam.

• No regulations/restrictions in relation to sugar levels exist.

• 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.

• Prohibited.

• 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.
• Advertising content for breast milk substitutes (for children aged 24 or more months) and supplemental nutrition products (for children aged 6 or more months) is also regulated.
• It is prohibited to use advertisements that make children think, speak and act against traditional customs and ethics, or negatively affect children’s health, safety or natural development.

• The Law on Advertising prohibits gender-discriminatory advertisements.

• Advertisements that violate the law and regulations on intellectual property are prohibited.
• An ownership certificate or the licensing/use rights certificate is required when advertising goods for which an ownership certificate or licensing/use rights certificate is compulsory.

• Decree 181/2013/NĐ-CP (2013, amended in 2018 and 2019) requires that certain special goods or services listed in the Decree may be advertised only after obtaining content approval from the competent bodies (the Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade or their authorised bodies). The list of applicable goods or services includes medicines, cosmetic products, foods, food additives, chemicals, medical equipment, milk and nutritional products used for children, medical services, pesticides, fertilizer, etc.
• Foreign organisations 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 organisation to assist the Minister in considering and drawing conclusions about the legal compliance of advertisements when organizations and individuals request the advertisement appraisals.

• Law on Advertising (2012)
• Draft Law on Amendments of some articles of the Law on Advertising (2024)
• Decree 38/2021/NĐ-CP (2021)
• Decree 181/2013/NĐ-CP (2013)
• Decree 06/2016/NĐ-CP (2016)
• Decree 71/2022/NĐ-CP (2022)
• Decree 24/2020/NĐ-CP (2020)
• Circular 10/2013/TT-BVHTTDL (2013)
• Directive 17/CT-TTg (2017)
• Consolidated Document No. 47/VBHN-VPQH of Law on Advertising as amended (2018)
• Circular 5699/VBHN-BVHTTDL (2018)