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The advertising industry finds it a big challenge to ensure that their marketing messages comply with statutory laws, self-regulatory provisions and case law. There is a tendency to increase consumer health protections, as can be seen in both self-regulatory initiatives and changes or contemplated changes to generally applicable laws and regulations.
A proposal has been made to amend the Sobriety Education and Alcohol Addition Counteracting Act and the Food and Nutrition Safety Act so as to extend the time during which beer may not be advertised or promoted on the TV or radio or in cinemas or theatres. The new ban would apply from 6 a.m. to 11 p.m. (currently it applies until 8 p.m.). This would be a return to the status from before 12 September 2002 and is expected to deal the heaviest blow to the advertising revenues of television stations.
In addition, a new subject-matter restriction has appeared in Polish law: a ban on the advertising and promotion of solarium services (Article 4 of the proposed Health Protection (Use of Solarium) Act). This ban applies in particular to:
- the television, radio, press, cinemas, healthcare entities, schools, educational counselling centres, sports and leisure facilities, and other public places;
- posters and billboards;
- means of IT service.
If the ban is breached, the Polish sanitary authorities Państwowa Inspekcja Sanitarna may impose a fine of between PLN 1,000 and PLN 50,000 on the solarium service provider (Article 8(1)(3)). It is assumed that the ban will improve public health by decreasing the incidence of skin cancers, including primarily cutaneous malignant melanoma.
There are also self-regulatory restrictions.
According to data published in late November 2017, the number of cases dealt with by the Committee of Advertising Ethics has decreased, with the adoption of the food advertising pact said to be the main reason for the decrease.
Certain loosening of subject-matter restrictions can be seen also in gambling law. The act of 15 December 2016 to amend the Gambling Act and certain other acts has mitigated the related advertising prohibitions.
Check what we refer to:
- The Bill to amend the Sobriety Education and Alcohol Addition Counteracting Act; Article 1(2) (see here – only Polish version).
- The Health Protection (Use of Solarium) Act of 15 September 2017; Article 4, Article 8.
- The Act of 15 December 2016 to amend the Gambling Act and certain other acts (Journal of Laws of 2017, item 88).
- The Gambling Act of 19 November 2009 (Journal of Laws of 2016, item 471).
- The presidential legislative proposal: the Health Protection (Use of Solarium) Bill of 24 May 2017 (RPU VIII, item 1651).
- The pact among the largest TV broadcasters on communication to the public of advertising and sponsorship credits relating to foodstuffs or beverages with ingredients whose excessive contents are not recommended in everyday diet (see here – only Polish version).