International Advertising Clearance - May 2004 - GALA

Legal Regulatory Structure
Industry Self-Regulation?
Comparative Advertising
Allowed? Issues? (See footnote
for explanation of "usual and
customary criteria")
Prohibited Product Ads?
Use of famous person permitted
without permission?
Use of identifiable 3rd party
product permitted?
Specific Price Advertising
Restrictions (beyond being "not
misleading")?
Cultural Taboos / Legal
Restrictions?
Complete Answers
INTERNATIONAL ADVERTISING CLEARANCE
Israel Italy Malaysia Mexico Netherlands
National Primarily National; some
Regional and Municipal
regulations
No Yes, by the Institute for
Self-Regulation in
Advertising (IAP) with
codified guidelines and
complaint procedure for
consumers, competitors
and ex officio authority.
Federal and Regional Federal and Regional National and,
particularly for outdoor
advertising, Regional
No Yes, although the Code
of Ethics, published by
the National Council for
Advertising, does not
have an enforcement
process.
Yes, by The Advertising
Federation. Complaints
can be submitted by
anyone. This forum is far
more widely used than
the court system.
Yes, per The Second Yes, per EU Directive on No No Yes, per EU Directive on
Authority Television and
Radio Rules (1994) and
the Consumer Protection
Law (1981).
Comparative Advertising
Comparative Advertising
Tobacco advertising is Tobacco, alcohol and Rx
only permitted on the drugs
internet. Advertising of
alcohol targeted at
minors is not permitted in
any form of media.
TV, radio and outdoor:
racial extremists, guns
and armaments,
gambling, religious
denominations, political
parties and funeral
service; TV and radio:
alcohol, tobacco,
condoms, feminine
hygiene products,
undergarments, STDs, Rx
drugs
Tobacco and Rx drugs
may not be on TV or
radio; alcohol only after
10pm; certain other
products may require
warnings, etc.
Permission required Permission required Permission required Permission required for
use of "image," survives
death of person;
interpretation of extent
of "image" not clear
Yes, provided the plaintiff
can establish a
trademark infringement.
Ordinary use will not
constitute a basis for
legal action.
Yes, price must be
complete in Israeli
currency.
Advertising may not be
harmful towards good
taste, human dignity or
public sentiment.
Additionally, ads should
not be racist or
discriminatory or have
excess violence. Take
special care when
advertising with sexual
content or when
targeting youth.
Yes Permission required Yes, but there is a risk of
false association claim
All prices must be stated
in Euros, disclosure must
be made when price for
units of measure are
different from single item
price.
Not prohibited, some
regulations
No No
Tobacco and Rx drugs
Permission required
Yes, generally
Advertising may not Ads must depict National symbols of None, really
exploit superstitions, fears; Malaysian values, cultural Mexico cannot be used
must not be violent, sensitivity and reflect the in advertising (national
indecent or vulgar; must Malaysian identity and anthem, flag, etc.); there
not offend the moral, culture while conforming is protection for literary,
civil and religious beliefs to values of Islam which is artistic, popular art or
and must respect human the national religion; crafts of popular cultures
dignity.
advertisers are also (indigenous people and
required to promote groups) Cultural taboo
social responsibility against religious
through advertising eg (particularly Catholic)
portrayal of civic references; indigenous
mindedness as well groups of Mexico are
desired behavioral
attitudes in life.
sensitive subject.
See Tab 23 See Tab 24 See Tab 25 See Tab 26 See Tab 27
*Various requirements for comparative ads include: accuracy and substantiation of claims based on proper, valid and reliable data, like to like products, comparisons only of meaningful features and current products/prices.