Czechia
[CZ] Ban on Tobacco Advertising
IRIS 2003-6:1/24
Jan Fučík
Česká televize
In May, the Parliament of the Czech Republic passed an amendment to Act No.40 on the regulation of advertising, the main subject of which was tobacco advertising.
Under the previous regulations, advertising for tobacco and tobacco products was already restricted. Advertising, for example, could not depict minors, but only people who were or who looked at least 25 years old. Tobacco advertising was forbidden in print media aimed at minors and on large billboards (over 10 square metres) in the vicinity (300 m) of schools and children's playgrounds. Advertisements were not allowed to show people smoking or holding cigarettes or other tobacco products in their hand. Every tobacco advertisement had to carry a health warning covering 10% of the surface area.
The amendment tightens the restrictions on tobacco advertising and sponsorship. Tobacco advertising includes the free distribution of tobacco products for advertising purposes. The only exceptions are advertising aimed at traders and promotions for tobacco products at sales outlets. In sales outlets that sell different types of product, tobacco advertising may only be placed in areas in which tobacco products are actually available. It is still permissible to sell products which, under licence, bear the trademark or name of a tobacco manufacturer. Advertising must also meet the same requirements as applied previously (protection of minors, etc.). In future, the health warning must cover 20% rather than 10% of the advertising space and should read as follows: "The Health Minister warns: smoking causes cancer". It must appear in thick black letters reaching at least 80% of the height of the designated white area. Tobacco advertising remains totally prohibited in the broadcast media (TV and radio).
The new Act is due to enter into force on 1 July 2004 in order that existing sales and advertising contracts can run their course.
References
- Zákon c. 132/2003 Sb.
- Amendment to the Act on the regulation of advertising
This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.