19:31 02.05.2023

Rada intends to amend law on advertising in line with European Commission's requirements for Ukraine's accession to EU

3 min read

The Verkhovna Rada plans to implement the provisions of the European Union's acquis in the field of audiovisual advertising by making appropriate changes to the law on advertising in line with the requirements of the European Commission for Ukraine's accession to the EU.

Bill No. 9206 at the first reading was supported by 320 MPs at a plenary session on Tuesday, Yaroslav Zhelezniak, a member of the Holos parliamentary faction, said on his Telegram channel.

The document aims at updating the law on advertising to harmonize it with the Audiovisual Media Services Directive, the implementation of the principle of technology neutrality, ensuring full and proper protection of consumer interests, as well as protecting Ukraine's advertising market from negative outside influences, primarily through unscrupulous practices of disseminating advertising in Ukraine by foreign entities associated with the aggressor state.

The authors of the legislative initiative, in particular, propose that new terms ("user content," "product placement") are introduced, the concept of advertising and its forms are clarified, and criteria by which advertising is considered to fall under the jurisdiction of Ukraine are established.

According to the bill, the requirements for mandatory payment for the distribution of advertising on the territory of Ukraine may be narrowed (it will only apply to audiovisual media and such requirements will not apply to advertising of EU broadcasters in the official languages of the EU).

The document directly provides for self-regulation and co-regulation in the field of advertising through the adoption of codes (rules) for the creation and distribution of advertising, in particular, advertising of alcoholic beverages.

The bill expands the ban on the content in advertising of a statement or image that is discriminatory or incites hatred, enmity or cruelty against individuals or groups of individuals on the basis of, in particular, age, ethnicity, sexual orientation, and disability.

The bill also proposes the advertising quota to 20% (calculated not hourly, but for time periods from 6:00 to 18:00 and from 18:00 to 24:00) in linear audio and audiovisual media is increased.

In addition, it is possible to simplify the rules for interrupting advertising broadcasts of films (with the exception of documentaries and series), news programs, and programs for children (no more than once every 30 minutes). During the broadcast of programs consisting of autonomous parts or sporting events, advertisements are placed in between parts.

At the same time, the processing of personal data of children for direct marketing and profiling is prohibited, the introduction of regulation of advertising on public access platforms is envisaged, in particular the mandatory labeling of advertising, as well as compliance with advertising legislation, spam and sponsorship using TM for electronic cigarettes and similar applications are prohibited.

The document provides for excluding archaic norms from national legislation, simplifying requirements for advertising services provided using electronic communications, and clarifying the regulation of social advertising.

According to the bill, the list of supervisory authorities may include an executive body that ensures the creation and implementation of public policy in the field of intellectual property (in terms of combating advertising on pirated sites).

The authors of the legislative initiative also propose that the issues of necessary licenses and permits for advertised goods and services (they will be needed by residents of other states that advertise goods and services on the territory of Ukraine) are regulated.

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