Act No. 132 / 2003 Coll.
Act amending Act No. 40 / 1995 Coll., on the regulation of advertising and amending and supplementing Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting, as amended, as amended
Valid
Law
Effective from 01.07.2004
132
THE LAW
of 11 April 2003
amending Act No. 40 / 1995 Coll., on the regulation of advertising and amending and supplementing Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting, as amended, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 40 / 1995 Coll., on the regulation of advertising and amending and supplementing Act No. 468 / 1991 Coll., on the Operation of Radio and Television Broadcasting, as amended, as amended, Act No. 258 / 2000 Coll., Act No. 231 / 2001 Coll., Act No. 256 / 2001 Coll., Act No. 138 / 2002 Coll. and Act No. 320 / 2002 Coll., is amended as follows:
1. Paragraph 3, including the title, reads:
Tobacco products
(1) Advertising of tobacco products (10), as well as sponsorship, the purpose or direct or indirect effect of which is to advertise tobacco products, are prohibited unless otherwise specified.
(2) For the purposes of this Act, advertising on tobacco products shall also be regarded as
(a) free distribution of tobacco products, the purpose or direct or indirect effect of which is to promote the tobacco product;
(b) advertising which does not mention directly a tobacco product but uses a trade mark, (1) an emblem or other characteristic feature of the tobacco product, unless otherwise specified.
(3) The use of the trade mark (1) of a tobacco product registered or used for tobacco or other goods or services before the date of application of this Act for advertising other than tobacco products or services shall not be regarded as advertising. The way in which information about a product or service is disseminated shall be clearly distinguished from that of the tobacco product.
(4) The prohibition on advertising referred to in paragraph 1 shall not apply to:
(a) notifications intended exclusively for professionals in the field of trade in tobacco products;
(b) advertising of tobacco products in specialised tobacco stores or display cabinets and the appropriate marking of such stores;
(c) advertising on tobacco products in establishments where a wide range of goods or services are sold or provided, in the case of advertising located in that part of the establishment which is intended to sell tobacco products;
(d) sponsorship of motor competitions and sponsorship at the venue;
(e) the sale of publications containing advertising on tobacco products which are published and printed in third countries, unless they are primarily intended for the market in the Czech Republic.
(5) The advertising of tobacco products referred to in paragraph 4 (a) to (d) must contain a clear warning of the following: "The Ministry of Health warns: smoking causes cancer," to the extent of at least 20% of the advertising communication. In the case of written advertising, the text of the warning shall be shown on a white background arranged along the lower edge of the advertising space, in the range of at least 20% of that area. The text shall be printed in black, in bold, so as to reach a total height of at least 80% of the height of the white background. Advertising disseminated in an audiovisual way must contain headlines with first and second sentences.
(6) Advertising of tobacco products referred to in paragraph 4 (a) to (d) may not:
(a) be targeted at persons under the age of 18, in particular by displaying such persons or by using the elements, means or actions that address such persons mainly;
(b) encourage smoking in words or, for example, by displaying scenes with open packs of cigarettes or scenes where people smoke or hold cigarettes, packs of cigarettes or other tobacco products or smoking equipment.
(7) The advertising referred to in paragraph 4 shall prohibit the free supply of samples of tobacco products to the general public intended to promote tobacco products. ';
2. footnote 11 shall be deleted;
Efficacy
This Law shall take effect on 1 July 2004.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.
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Regulation Information
| Citation | Act No. 132 / 2003 Coll., amending Act No. 40 / 1995 Coll., on the regulation of advertising and amending and supplementing Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting, as amended, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.05.2003 |
|---|---|
| Effective from | 01.07.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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