Cap. 350 Art. 16KProvisions applicable to audiovisual commercial communications.

(1) Audiovisual commercial communications provided by media service providers shall comply with the following requirements:

(a) audiovisual commercial communications shall be readily recognisable as such; surreptitious audiovisual commercial communication shall be prohibited;

(b) audiovisual commercial communications shall not use subliminal techniques;

(c) audiovisual commercial communications shall not:

(i) prejudice respect for human dignity;

(ii) include or promote any discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;

(iii) encourage behaviour prejudicial to health or safety;

(iv) encourage behaviour grossly prejudicial to the protection of the environment.

(2) All forms of audiovisual commercial communications for cigarettes and other tobacco products, as well as for electronic cigarettes and refill containers shall be prohibited.

(3) Audiovisual commercial communications for alcoholic beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption of such beverages.

(4) Audiovisual commercial communications for medicinal products and medical treatment available only on prescription shall be prohibited.

(5) Audiovisual commercial communications shall not cause physical, mental or moral detriment to minors; therefore, they shall not directly exhort minors to buy or hire a product or service by exploiting their inexperience or credulity, directly encourage them to persuade their parents or others to purchase the goods or services being advertised, exploit the special trust minors place in parents, teachers or other persons, or unreasonably show minors in dangerous situations.

(6) Broadcasting of all forms of audiovisual commercial communications on food and beverage brands and products containing nutrients and substances with a nutritional or physiological effect, in particular fat, trans-fatty acids, salt or sodium and sugars, the type of products known as ‘High in Fat Sugar and Salt (HFSS)’, is prohibited immediately before or during or immediately after children’s programmes. For the purpose of classifying these products, audiovisual media service providers should follow regulations on the marketing of products that may have adverse effects on healthy lifestyles, that may be adopted in accordance with article 6 of the

Healthy Lifestyle Promotion and Care of Non-Communicable Diseases Act.

(7) The broadcasting of all forms of audiovisual commercial communications regarding products which are not suitable for children or which children in general cannot reasonably be expected to buy or attempt to buy, is prohibited immediately before, during and immediately after children’s programmes.

(8) Audiovisual commercial communications for alcoholic beverages in audiovisual media services shall comply with the following:

(a) they shall not be aimed specifically at minors or, in particular, depict minors acquiring or consuming such beverage;

(b) they shall not link the consumption of alcohol to enhanced physical performance or to driving;

(c) they shall not create the impression that the consumption of alcohol contributes towards social or sexual success;

(d) they shall not claim that alcohol has therapeutic qualities or that it is a stimulant, or sedative, or a means of resolving personal conflicts;

(e) they shall not encourage immoderate consumption of alcohol or present abstinence therefrom or moderation therein in a negative light;

(f) they shall not place emphasis on high alcoholic content as being a positive quality of the beverage.