Country overview
 

The following are introductory country profile excerpts from EASA 's 3^rd edition 'Advertising Self-Regulation in Europe' / 'Blue Book'. They introduce the self-regulatory and regulatory situation in each European country

Austria

Advertising is subject to extensive legislative regulation, including prohibitions on the use of unsolicited e-mail, fax and telephone calls for direct marketing purposes.  Misleading advertising falls under the provisions of unfair competition law and the majority of complaints concerning misleadingness are dealt with in the courts.  Consequently the SRO, set up in 1974 and restructured as an independent body in 1996, is primarily responsible for handling issues involving taste and decency.

Belgium

Because of Belgium's federal structure, legislative regulation of advertising manifests itself at both national and community level.  Restrictions on television advertising go beyond the provisions of the EU Broadcasting Directive and include, in the case of the Flemish Community, a ban on advertising in children's programming.  Self-regulation has existed since 1967 and the present SRO since 1974.  An unusual feature of the self-regulatory system is that copy advice is binding.

Czech Republic

The Czech Republic was one of the first new democracies of Central Europe to establish a self-regulatory system, in 1994.  It is modelled on the system for non-broadcast advertising in the UK.  Only the ethical aspects of broadcast advertising fall within the remit of self-regulation, other aspects being subject to statutory controls.

Denmark

Like other Nordic countries, advertising in Denmark is subject to legislative regulation in the form of the Market Court.  Recently negotiated agreements between Government and broadcasters severely restrict television advertising to children.  Consumer complaints are handled by a public official, the Ombudsman, and self-regulatory activities are limited to handling competitor complaints and the limited provision of copy advice.

Finland

Like other Nordic countries, advertising in Finland is subject to legislative regulation in the form of the Market Court.  Complaints from consumers are handled by a public official, the Ombudsman, and self-regulatory activities are limited to handling competitor complaints and those submitted by consumer organisations, and to the provision of copy advice for advertising in media other than television.

France

Extensive legislation governs advertising, including bans on various categories, notably on television.  The activities of the SRO, one of the oldest-established in Europe, place great emphasis on the provision, by its legal department, of copy advice to ensure compliance with legislation and its codes.  By the industry's decision, television advertising is subject to compulsory pre-clearance by the SRO.

Germany

Advertising is subject to extensive legislative regulation.  The German self-regulatory system is characterised by having two SROs, one of which is concerned exclusively with issues of taste and decency, while the other deals with issues of misleadingness by the application of unfair competition law.

Greece

Advertising is subject to legislative regulation, including a restriction on TV toy advertising from 7.00 to 22.00 hours. A widely respected self-regulatory system is in place and at present caters for the resolution of industry disputes as well as consumer complaints. The agencies association, EDEE and the advertisers’ association, SDE, are currently in the process of setting up an independent SRO.

Hungary

The Advertising Law, passed in 1997, recognises the role of self-regulation.  More recently introduced framework legislation affecting advertising is inspired by EU Directives. Self-regulation in Hungary dates from 1981 and the system was completely overhauled in 1996, when the present SRO was set up.

Ireland

Statutory regulation of advertising in Ireland is generally limited to framework legislation, allowing considerable scope for self-regulation.  The SRO, set up in 1981, maintains a high profile, characterised by regular strategic reviews and publicity campaigns to maintain consumer awareness of the self-regulatory system.

Italy

Although since 1992 the government has shown a renewed interest in legislative regulation, the Italian self-regulatory system was originally created, in 1966, to fulfill a need resulting from a general lack of advertising-specific legislation.  This results in a highly structures, quasi-judicial system.

Luxembourg

Advertising is subject to significant legislative regulation, including unfair competition law. Luxembourg's self-regulatory system was created in 1993 and is closely modelled on the Belgian one.  Broadcast advertising on RTL's foreign channels is regulated by the SROs in their countries of destination.

Netherlands

Legislative regulation of advertising is limited to framework legislation and, unusually, there is no statutory regulator with specific responsibility for advertising. The Government has delegated the handling of complaints about television and radio advertising to the SRO.  Self-regulation, established in 1964, has considerable responsibility in all media.

Portugal

There is significant legislative regulation and a statutory regulator with exclusive responsibility for advertising.  The self-regulatory system, founded in 1991, has recently been extensively restructured, to include an independent complaints adjudication body and to handle complaints from individual consumers, as distinct from class actions.  An unusual feature of the system allows the parties in dispute to negotiate an agreement.

Russia

Advertising is subject to legislative regulation, but the Federal Advertising Law recognises the role of self-regulation.  The Russian self-regulatory system was established in 1995 and is still in the process of development. The size of the Russian Federation results in the SRO taking the unusual form of a regional network.

Slovak Republic

Legislative regulation results in a number of sectoral bans, including advertising by telephone, fax or computer network.  Self-regulation was established in 1995 and the SRO is modelled on the system for non-broadcast advertising in the UK.

Slovenia

There is significant legislative regulation of advertising by the Market Inspectorate, but the role of the SRO is formally recognised by the statutory regulator. Slovenia was one of the first of the new democracies of Central Europe to establish self-regulation, in 1994.

Spain

Advertising is subject to significant statutory regulation.  In 1997 the self-regulatory system was completely overhauled and a new SRO and a new code of practice created. Since then, the increasingly active role played by self-regulation has been  formally recognised by Government and consumer organisations.

Sweden

A well-developed self-regulatory system was superseded, in the early 1970s, by extensive legislative regulation and the introduction of the Market Court, with most consumer complaints being handled by a public official, the Ombudsman.  Efforts begun in the 1980s to re-establish a role for self-regulation have resulted in a system characterised by numerous sectoral SROs and increasing recognition of self-regulation as a necessary complement to legislation

Switzerland

Advertising in Switzerland is subject to significant legislative regulation, notably the Law against Unfair Competition.  Self-regulation has existed since 1966 and the main activity of the SRO is complaints handling.

Turkey

Turkey is unusual in having a statutory regulator with exclusive responsibility for advertising.  Framework legislation affecting advertising is inspired by EU Directives.  The self-regulatory system dates from the 1980s and since 1995, when the present SRO was set up, has assumed a more active and prominent role in advertising regulation.

UK

Statutory regulation of advertising in the non-broadcast media is generally limited to a legislative framework and an effective and well-publicised self-regulatory system, established in 1962, plays an important and active role.  An Admark scheme for Internet advertising was recently introduced.  Television and radio advertising is regulated by statutory authorities with their own codes of practice, involving mandatory pre-clearance.  By a form of co-regulation, this is carried out by sectoral SROs set up by the broadcasters.