International Advertising Clearance - May 2004 - GALA

Television: Yes No
Radio Yes No
Internet Yes No
Print Yes No
Outdoor Yes No
A: Tobacco
Q: What is your country’s law on privacy and/or rights of publicity regarding the use of famous
people in advertising without their express permission?
A: Use of a famous person’s image or name in an advertisement without their
permission is generally unlawful and could amount to false and/or misleading and
deceptive conduct in breach of sections 52 and 53 of the TPA (and the
corresponding provisions of the various FTAs) as well as possibly a “passing off” at
common law.
Q: What is your country’s law on the use of other people’s products in advertising without the
product owner’s permission? For instance, if a mustard company used a very recognizable
automobile as part of its advertisement, would the automobile company have a right of action
against the mustard company for false affiliation or false endorsement?
A: Yes No
Such an action is possible under sections 52 and 53 of the TPA where the use of
the other product in the advertisement is such that consumers are likely to be
misled or deceived into thinking that there is an association between the two
products or their owners when no such association exists. The unauthorised use of
the other product in the advertisement could also amount to a common law
“passing off” where the use is such that people are confused or deceived into
thinking the two products (or the products’ owners) are connected when they
are not.
Q: Are there any restrictions or regulations with respect to price advertising?
A: Yes, section 53(e) of the TPA makes it an offence to make a misleading
representation concerning the “price” of goods or services. In addition, section
53C of the TPA states that an advertiser must state the full cash price for the
goods or services advertised. For example, a mobile phone dealer cannot simply
advertise the cost of a mobile phone when it is sold as part of a service contract.
The company must also specify the full price of the service contract.
Q: Are there any laws, restrictions or regulations which are particular to the culture of your
country which affect advertising, e.g. Swedish gender equality law?
A: Yes No
Q: Are there any cultural norms that should be considered when preparing advertising to be
disseminated in your country (e.g. a strong religious or ethnic presence that might affect the
appropriateness of certain creative material or advertising messages)?