Act No. 40 / 1995 Coll.
Act on the regulation of advertising and amending and supplementing Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting, as amended
Valid
Effective from 01.04.1995
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40
THE LAW
of 9 February 1995
on the regulation of advertising and amending and supplementing Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting, as amended
Parliament has decided on this law of the Czech Republic:
GENERAL PROVISIONS
(1) The Act implements the relevant European Union1), following the directly applicable European Union45) and regulates advertising, which is an unfair commercial practice, comparative advertising, tobacco advertising, medicinal products for human use, veterinary medicinal products, medical devices and in vitro diagnostic medical devices, food and infant formulae, and provides for general requirements for advertising and dissemination, including penalties for infringements of the obligations under this Act and the establishment of supervisory authorities. It also regulates advertising for alcoholic beverages, plant protection products, firearms and ammunition and funeral activities.
(2) Advertising means the notification, demonstration or other presentation of, in particular, communication media aimed at promoting business activity, in particular the promotion of the consumption or sale of goods, the construction, rental or sale of real estate, the sale or use of rights or obligations, the promotion of the provision of services, the promotion of trade marks, (1a) unless otherwise specified.
(3) Communication media disseminating advertising means means enabling the transmission of advertisements, in particular periodical press 2) and non-periodical publications, (3) radio and television broadcast3a), audiovisual media services on demand 3b), video sharing platforms, audiovisual production, (4) computer networks, audiovisual works carriers, posters and leaflets.
(4) Sponsorship means the contribution provided to promote the production or sale of goods, the provision of services or other performance of the sponsor. A sponsor shall mean a legal or natural person who provides such a contribution for that purpose.
(5) For the purposes of this Act, the procuring entity (hereinafter referred to as the contracting entity) is a legal or natural person who has ordered advertising with another legal or natural person.
(6) An advertising processor (hereinafter referred to as "processor") is, for the purposes of this Act, a legal or natural person who has processed advertising for himself or for another legal or natural person. For the purposes of this Act, where a processor processes advertising for himself, it is also in the position of contracting authority.
(7) For the purposes of this Act, the advertising provider (hereinafter referred to as the "propagator") is a legal or natural person who publishes advertising.
(8) The provisions of this Act apply to sponsorship, unless otherwise specified.
(1) It shall be prohibited to:
(a) advertising of goods, services or other performances or values the sale, supply or dissemination of which is contrary to the law;
(b) advertising which is an unfair commercial practice under special legislation5); such advertising shall not be considered as placing the product in an audiovisual work or other phonogram if it fulfils the conditions laid down in other legislation3a), 3b),
(c) the dissemination of unsolicited advertising in paper form where the addressee is harassed; advertising shall be regarded as a nuisance, subject to the condition that the addressee has made clear and clear in advance that he does not wish to see unsolicited advertising being disseminated,
(d) advertising distributed in publicly accessible places outside the place of business, other than through advertising or promotion facilities established under special legislation (5b), where the municipality so provides by means of a delegated regulation (5c), to the extent specified in paragraph 5,
(e) advertising of gambling prohibited under the gambling law.
(2) Comparative advertising is permissible under the conditions laid down by this Act and the Civil Code.
(3) Advertising must not be contrary to good morals, in particular shall not contain any discrimination on grounds of race, sex or nationality, or challenge religious or national sentiments, threaten in a generally unacceptable manner morality, reduce human dignity, contain elements of pornography, violence or those using the motive of fear. Advertising must not challenge political beliefs.
(4) Advertising must not promote behaviour detrimental to health or to the safety of persons or property as well as behaviour detrimental to environmental interests.
(5) The municipality in the Regulation issued pursuant to paragraph 1 (d) provides
(a) publicly available places where advertising under paragraph 1 (d) is prohibited;
(b) the period during which advertising under paragraph 1 (d) is prohibited;
(c) the types of communication media by which the advertising referred to in paragraph 1 (d) may not be disseminated and, where appropriate, also:
(d) actions not covered by the advertising ban.
Comparative advertising for medicinal products intended for human use (hereinafter referred to as "medicinal products for human use '), medical services, medical devices or in vitro diagnostic medical devices is permissible, subject to the conditions laid down in the Civil Code, if it is aimed at persons authorised to prescribe or supply such medicinal products, medical devices or in vitro diagnostic medical devices (hereinafter referred to as" experts') or to provide such medical services.
Advertising may not in respect of persons under the age of 18:
(a) promote behaviour threatening their health, psychological or moral development;
(b) to use their special confidence in their parents or legal representatives or other persons;
(c) it is inappropriately shown in dangerous situations.
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. This also applies to sponsoring actions or activities involving several Member States of the European Union or other States constituting the European Economic Area or taking place in several Member States of the European Union or in other States constituting the European Economic Area or achieving cross-border effects by other means.
(2) Advertising of tobacco products means also:
(a) any form of commercial communication the purpose or direct or indirect effect of which is to promote a tobacco product;
(b) free distribution of a tobacco product, the purpose or direct or indirect effect of which is to promote a tobacco product or free distribution which has such direct or indirect effect in connection with the sponsorship referred to in paragraph 1;
(c) advertising which does not refer directly to the tobacco product but uses the trade mark 1a), 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) advertising in periodical prints2), non-periodical publics3), flyers, posters or other printed matter, or advertising disseminated through information society services 10a) intended exclusively for professionals in the field of tobacco trade;
(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 competition and sponsorship at the venue, unless it is a sponsorship of actions or activities involving several Member States of the European Union or other States constituting the European Economic Area or taking place in several Member States of the European Union or in other States constituting the European Economic Area or achieving cross-border effects by other means;
(e) publications which are printed and published in third countries unless they are primarily intended for the internal market of the European Union.
(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;
(c) in connection with the purchase of tobacco products, offer or suggest free or other advantages, in particular in the form of an offer of any goods, services, quantity discounts or other incentives.
(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 the tobacco product.
Electronic cigarettes
(1) Advertising, the object or direct or indirect effect of which is to promote and replace electronic cigarettes, distributed by means of information society services 10a) or periodically), non-periodical publications (3), on flyers, posters or other printed matter, with the exception of publications intended exclusively for professionals in the retail trade of electronic cigarettes and substitutes, and publications which are printed and published in third countries, unless such publications are primarily intended for the internal market of the European Union, shall be prohibited.
(2) Any form of sponsorship of actions, activities or individuals whose objective or direct or indirect effect is to promote and replace electronic cigarettes, where the sponsorship object concerns several Member States of the European Union or is held in several Member States of the European Union or has a cross-border effect by other means, shall be prohibited.
Psychomodulatory agents
(1) Advertising with the aim or direct or indirect effect of promoting psychomodulatory substances (11), disseminated through information society services (10a) or period2), non-periodical publications (3), on leaflets, posters or other printed matter or by other means shall be prohibited.
(2) Any form of sponsorship of actions, activities or individuals whose aim or direct or indirect effect is to promote psychomodulatory substances shall be prohibited.
(3) Advertising of psychomodulatory substances also means:
(a) any form of commercial communication the purpose or direct or indirect effect of which is to promote a psychomodulatory substance;
(b) free distribution of a psychomodulatory substance, the purpose or direct or indirect effect of which is to promote a psychomodulatory substance, or free distribution which has such direct or indirect effect in connection with the sponsorship referred to in paragraph 2.
(4) The prohibition on advertising referred to in paragraph 1 shall not apply to advertising on psychomodulatory substances in the premises of a shop specialised in the sale of psychomodulatory substances.
Alcoholic beverages
Advertising of alcoholic beverages 12) must not
(a) encourage non-moderate use of alcoholic beverages, or, negative or ironically, assess abstinence or restraint;
(b) be targeted at persons under the age of 18, in particular those persons or persons who, as under the age of 18, are not allowed to look for, display, while drinking alcoholic beverages or to benefit from the elements, means or actions which address persons under the age of 18;
(c) combine alcohol consumption with increased performance or be used in connection with driving;
(d) to give the impression that alcohol consumption contributes to social or sexual success;
(e) claim that alcohol in the beverage has therapeutic properties or encouraging or comforting effects, or that it is a means of solving personal problems;
(f) emphasize the alcoholic strength as a positive characteristic of the drink.
Human medicinal products
(1) All information, persuasion or incentives intended to promote the prescription, supply, sale, supply or consumption of medicinal products for human use shall also be considered as advertising for medicinal products for human use. These are in particular:
(a) visits by sales representatives of medicinal products for human use to persons authorised to prescribe, supply or supply them;
(b) the supply of samples of medicinal products for human use;
(c) support for the prescription, supply and sale of medicinal products for human use by means of a gift, consumer competition and offer or promise of any benefit or financial or material remuneration;
(d) sponsoring meetings held to promote the prescription, sale, supply or consumption of medicinal products for human use and attended by experts;
(e) sponsorship of scientific congresses involving experts and reimbursement of travel and accommodation costs associated with their participation.
(2) The provisions of this Act do not apply to:
(a) labelling of medicinal products for human use and package leaflet according to specific legislation, 13)
(b) correspondence necessary to answer specific questions on a particular medicinal product for human use and any accompanying materials of a non-advertising nature;
(c) sales catalogues and price lists, unless they contain a description of the properties of medicinal products for human use, as well as notification, notification and information concerning, for example, changes in the packaging, warnings against adverse effects of the medicinal product for human use;
(d) data on human health or diseases, if they contain no reference, whether or not indirect, to the medicinal product for human use.
(3) Only a medicinal product authorised under a specific legislation may be the subject of advertising. 14)
(4) Any information contained in the advertising of a medicinal product for human use must correspond to the information provided in the summary of data (15).
(5) Advertising of a medicinal product for human use must promote its rational use by objective presentation of the medicinal product without exaggerating its properties.
Advertising of medicinal products for human use to the general public
(1) The object of advertising to the general public may be medicinal products for human use which, according to their composition and purpose, are adapted and designed to be used without diagnosis, prescription or treatment by a physician, or at the advice of a pharmacist.
(2) The object of advertising aimed at the general public must not be:
(a) medicinal products for human use only subject to medical prescription,
(b) medicinal products containing narcotic drugs or psychotropic substances. 16)
(3) Paragraph 2 shall not apply to medicinal products for human use used in a vaccination operation approved by the Ministry of Health.
(4) The provision of samples of medicinal products for human use to the general public shall be prohibited.
(5) Advertising aimed at the general public must:
(a) be formulated to show that the product is a medicinal product for human use;
(b) contain the name of the medicinal product for human use as specified in the marketing authorisation. Where a medicinal product for human use contains only one active substance, advertising shall include the normal name of that medicinal product for human use,
(c) contain the information necessary for the proper use of the medicinal product for human use;
(d) contain a clear, well-read invitation to read the package leaflet carefully in the case of printed advertising.
(6) Advertising of medicinal products for human use for which efficacy has not been assessed in the context of a marketing authorisation procedure 15a) may contain only the information on the packaging or package leaflet of such medicinal products for human use under specific legislation15b).
(7) Advertising aimed at the general public must not:
(a) to give the impression that medical advice, medical intervention or treatment are not necessary, in particular by offering a diagnosis or by offering a remote treatment,
(b) indicate that the effects of administration of the medicinal product for human use are guaranteed, are not associated with adverse reactions or are better or equivalent to those of another treatment or other medicinal product for human use,
(c) indicate that the use of a medicinal product for human use will improve the health of the person taking it;
(d) indicate that non-use of a medicinal product for human use may adversely affect the health status of persons, except for vaccination operations approved by the Ministry of Health,
(e) be targeted exclusively at persons under the age of 15;
(f) recommend a medicinal product for human use with reference to the recommendations of scientists, health professionals or persons who are not, but who, owing to their actual or anticipated social status, could support the consumption of medicinal products for human use;
(g) indicate that the medicinal product for human use is a food or cosmetic product or other consumer goods,
(h) indicate that the safety or efficacy of a medicinal product for human use is guaranteed only by its natural origin;
(i) a description or detailed description of the particular course of a particular case, leading to a possible misdiagnosis;
(j) to point out in an inappropriate, excessive or misleading way the possibility of recovery;
(k) use an inappropriate, excessive or misleading representation of changes in the human body caused by illness or injury or the action of a medicinal product for human use on the human body or parts thereof.
(8) Where advertising to the general public is intended as a reminder of a medicinal product for human use, it shall not contain particulars other than the name of the medicinal product for human use as specified in the marketing authorisation or its international non-proprietary name, if any, if any.
Advertising of medicinal products for human use
(1) Advertising of medicinal products for human use to professionals can only be disseminated by means of means of communication intended primarily for such professionals (for example, non-periodic publications, specialist periodicals, professional audiovisual programmes).
(2) The advertising referred to in paragraph 1 shall include:
(a) accurate, up-to-date, verifiable and sufficiently complete data enabling experts to establish their own opinion on the therapeutic value of a medicinal product for human use. Data taken from professional publications or from professional printing must be reproduced accurately and their source must be given,
(b) basic information according to the approved summary of product characteristics, including the date of approval or the last revision;
(c) information on the method of dispensing the medicinal product for human use under the marketing authorisation;
(d) information on the method of reimbursement by public health insurance.
The provisions of this paragraph shall not apply to advertising for medicinal products for human use for which the effectiveness of the marketing authorisation procedure has not been assessed (15a). Paragraph 5a (6) applies to the advertising content of the product experts.
(3) A sales representative (17) must, at each visit carried out for the purpose of advertising a medicinal product for human use, provide the visited expert with a summary of the particulars of each medicinal product for human use which is the subject of the advertisement and with information on how to cover such medicinal products for human use. The sales agent shall, without undue delay, forward to the relevant marketing authorisation holder (17a) information on the relevant facts which he / she becomes aware of in the course of his / her activity concerning the use of the medicinal product for which he / she is conducting the advertising, in particular any undesirable effects reported by the person visited.
(4) In the context of advertising for medicinal products for human use targeting professionals, it shall be prohibited to offer, promise or provide gifts or other benefits, unless they are of negligible value and relate to professional activities carried out by them.
(5) Scope of free entertainment and accommodation
(a) at a meeting attended by experts to promote the prescription, sale, supply or consumption of medicinal products for human use; or
(b) at a meeting of experts for professional or scientific purposes;
be proportionate, having regard to the main purpose of the meeting secondary and not extended to persons other than experts; in that case, the scope of the entertainment and accommodation provided shall not be subject to the prohibition laid down in paragraph 4.
(6) Experts shall neither seek nor receive the benefits prohibited under paragraph 4 in relation to advertising of medicinal products for human use or which are contrary to paragraph 5.
(7) Samples of medicinal products for human use may be provided only exceptionally to persons authorised to prescribe them, in a limited number for a maximum of one calendar year, each sample must correspond to the smallest packaging of the medicinal product for human use placed on the market and must bear the indication "Unsold sample 'or" Free sample'. Products containing narcotic and psychotropic substances (16) must not be supplied. Samples of medicinal products for human use may only be provided at the written request of the person authorised to prescribe them, which is signed and on which the date of issue is made.
(8) Where advertising aimed at professionals is intended as a reminder of a medicinal product for human use, it shall not contain particulars other than the name of the medicinal product for human use as specified in the marketing authorisation or its international non-proprietary name, if any, if any.
Advertising supporting the donation of human tissues and cells
(1) Advertising promoting the donation of human tissues or cells for financial remuneration or other comparable advantages shall be prohibited.
(2) Advertising concerning the need or availability of human tissues and cells intended for human use, the purpose of which is, or may be, to obtain financial gain or other comparable advantages, shall be prohibited.
(3) Paragraphs 1 or 2 are without prejudice to the provision of information and the prohibition of advertising and advertising under the law governing transplants 17b).
Food and infant formulae
(1) A nutrition or health claim under the conditions of the directly applicable European Union21a Regulation may be made in advertising for foodstuffs.
(2) Advertising of foodstuffs (22) must meet the requirements laid down in the Food and Tobacco productsAct (41), in particular as regards the indication of information indicating that the country of origin of the foodstuffs is the Czech Republic, the directly applicable European Union provision on the provision of food information to consumers (39) and the directly applicable European Union provisions laying down rules on the use of designations of origin, geographical indications and traditional creation40).
(3) Advertising for dietary supplement 23b) must contain a clear, well-readable text in the case of printed advertising.
(4) Advertising of food for particular nutritional purposes (23) must contain a clear, well-readable text in the case of printed advertising, "food for particular nutritional purposes."
(1) Advertising of infant formulae (24) must contain only scientific and material data, may only be provided in infant care publications and scientific publications and must not lead to the conclusion that infant formulae are equivalent to or better than maternal milk.
(2) Advertising which is capable of encouraging the general public to buy infant formulae, in particular by dispensing samples, special exposure, discount or special advantage, shall be prohibited in stores.
(3) Producers and sellers of infant formulae are prohibited from passing on to the public free of charge or with discount products, samples or gifts to promote sales. The prohibition in the first sentence shall also apply to the supply of products with a discount, samples or other promotional gifts to pregnant women, mothers and members of their families in public; the prohibition under the first sentence shall not apply to gifts or provision with a discount on medical, charitable or humanitarian institutions for their internal use or for distribution outside such institutions and organisations.
(1) Advertising of infant formulae and sequests25)
(a) they must contain the necessary information on the correct use of the product and must not act against breast-feeding;
(b) it shall not contain a term such as "humanised" or "maternised" or similar term which gives the impression that natural breast-feeding is fully replaced.
(2) Advertising of infant formulae
(a) it must contain a clear text: "Important warning" indicating the priority of breastfeeding and recommending that the product should be used only on advice from independent experts in the field of medicine, nutrition or medicines or other professionals involved in the care of infants and young children;
(b) it must not contain a representation of the infant or any other picture or claim which could idealise the replacement of breast milk. However, it may contain a graphical representation for easy identification of the product and for illustration of the method of preparation.
(3) Advertising of infant formulae and follow-on formulae, aimed at pregnant women and mothers of young children, must always contain clear information provided in specific legislation. 26)
Plant protection products and aids
Advertising of plant protection products is governed by the directly applicable European Union26a). Only authorised aids may be the object of advertising on aid within the scope of the characteristics set out in the authorisation.
Veterinary medicinal products
(1) Advertising of veterinary medicinal products is governed by Regulation (EU) 2019 / 6 of the European Parliament and of the Council. Veterinary medicinal products containing narcotic or psychotropic substances (16) must not be the subject of advertising to the general public.
(2) Where advertising of veterinary medicinal products subject to the veterinary prescription referred to in Article 34 of Regulation (EU) 2019 / 6 of the European Parliament and of the Council is not aimed at veterinary medicinal products or persons authorised to supply them, the marketing authorisation shall be granted where:
(a) it is aimed at the breeders of food-producing animals who have such farming as their main business activity;
(b) fulfils the conditions laid down in Article 120 (2) of Regulation (EU) 2019 / 6 of the European Parliament and of the Council; and
(c) it is not a comparative advertising.
Temporary use of accommodation and other recreational services
(1) Advertising of the temporary use of accommodation and other recreational services under civil law 26b must include an indication of the consumer's right to obtain information which must be provided to the consumer prior to the conclusion of the contract or before the consumer is bound by his proposal to conclude the contract, including the location and manner in which and how that information can be obtained.
(2) An invitation to tender or a sale under which a contract may be negotiated in which the temporary use of the accommodation or other recreational service is negotiated shall also be deemed to be the advertising referred to in paragraph 1. An invitation to such events shall contain a clear indication of the purpose and nature of the action.
(3) Temporary use of accommodation and other recreational services must not be offered by advertising as an investment.
Gambling
(1) Advertising of gambling encouraging participation in gambling must not contain a communication from which it can be perceived that participation in gambling may be a source of funding equivalent to the acquisition of income from dependent, independent or other similar activities.
(2) Advertising of gambling must not be aimed 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.
(3) Advertising of gambling must include a communication on the prohibition of gambling participation of persons under 18 years of age and a visible and clear warning of the following: "The Ministry of Finance warns: participation in gambling may create addiction!"
In vitro medical devices and diagnostic medical devices
(1) All forms of information, surveys or incentives to promote prescription, dispensation, sale or use of medical devices and in vitro diagnostic medical devices shall also be considered as advertising for in vitro medical devices and diagnostic medical devices. These are in particular:
(a) visits by representatives with medical devices and in vitro diagnostic medical devices to persons authorised to prescribe or issue them;
(b) the supply of samples of medical devices and in vitro diagnostic medical devices;
(c) support for the prescription, supply or sale of in vitro medical devices and diagnostic medical devices by means of gifts, consumer competition and offer or promise of any benefit or financial or material remuneration;
(d) sponsoring meetings held to promote the prescription, sale, supply or use of in vitro medical devices and diagnostic medical devices and attended by experts; or
(e) sponsorship of scientific congresses and other similar meetings involving experts and reimbursement of transport and accommodation costs associated with their participation.
(2) The provisions of this Act do not apply to:
(a) correspondence necessary to answer specific questions about a particular medical device or in vitro diagnostic medical device and any accompanying materials of a non-advertising nature;
(b) sales catalogues and price lists, provided that they contain only a basic description of the properties of medical devices and in vitro diagnostic medical devices necessary for their identification;
(c) data on human health or diseases, if they contain no reference, even indirectly, to a medical device or in vitro diagnostic medical device.
(3) Only a medical device that can be placed on the market in accordance with Regulation (EU) 2017 / 74542 of the European Parliament and of the Council or an in vitro diagnostic medical device that can be placed on the market in accordance with Regulation (EU) 2017 / 74643 of the European Parliament and of the Council shall be subject to advertising unless otherwise specified.
(4) A medical device which does not meet the conditions for placing on the market under Regulation (EU) 2017 / 74542 of the European Parliament and of the Council may be presented or presented only at fairs, exhibitions and demonstrations or similar events, provided that it is labelled in accordance with Article 21 (3) of Regulation (EU) 2017 / 74544 of the European Parliament and of the Council.
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Regulation Information
| Citation | 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 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.03.1995 |
|---|---|
| Effective from | 01.04.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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