International Advertising Clearance - May 2004 - GALA

BELGIUM
Jan Ravelingien
Marx Van Ranst Vermeersch & Partners
jan.ravelingien@mvvp.be
Q: Is advertising regulated on a federal or regional level (or both)?
A: Federal Regional Both
Mainly audio-visual advertising is organised on a regional level: The Flemish community, the
French-speaking community and the German community.
Most of the advertising rules however, both statutory and self-regulation, are federal.
Q: Does the advertising industry in your country engage in any form of self-regulation?
A: Yes
Q: If yes, how does the self-regulatory process work? Is it widely used? Are decisions rendered in
writing? Are they reported anywhere?
A: Self regulation is widely used, particularly through codes of conduct of several
industries. Secondly, self-regulation is increasingly used in the “JEP”, the Jury for ethical
practices in advertising, a prevetting body that can also render non-binding advices
upon complaints. The advices have a strong authority and in fact can give rise to a ban of a
particular ad in a particular medium.
Q: Does your country permit comparative advertising?
A: Yes
Q: If yes, what are the major restrictions and regulations with respect to such competitive
comparisons?
A: Very briefly, the restrictions are quite in line with the EU Directive on Comparative
Advertising. The comparison must relate to objective, material features, be verifiable and should
not take undue advantage of another trademark.
Q: Is pre-existing substantiation required for claims made in an advertisement?
A: No
Q: Are there any products or services that cannot be offered in certain media?
Television: Yes
Radio Yes
Internet Yes
Print Yes
Outdoor Yes