WK 5 - Regulations For Advertising

Regulations for Advertising
Regulations
Several ways it is guided
 Standards, Codes, Guidelines, Laws
General guidelines for advertising:

• must be factual and truthful, and not misleading
• cannot put-down competitors

• use of professionals like dentists and doctors to endorse a
brand of medical product not allowed
• must have a percentage of local talents, using local
locations wherever possible
• cannot contain sexual elements or suggestive messages
• must comply with related laws

“We have the best fried chicken in the world!”
“This bottle of multivitamins can cure your

depression!”
“This cream can make your skin whiter than snow!”

Self-regulation
The Advertising Standards Authority, Malaysia (ASA),
1977, is an independent body that ensures the adherence
of the self-regulating advertising industry to the Malaysian
Code of Advertising Practice in the print, outdoor, and
cinema media, while setting industry standards for
advertisements that are legal, decent, honest, and
truthful.
The constituent members of ASA are:

• The Malaysian Advertisers Association
• Association of Accredited Advertising Agencies of Malaysia (4As)
• Malaysian Newspaper Publishers Association
• Media Specialists Association
• The Outdoor Advertising Association of Malaysia
https://youtu.be/f4p8u2pPkSA
DEFINITION of advertising
by CMCF (Communications and Multimedia Content Forum)
– Content Code:
• an announcement of a public nature whether for the sale or

purchase or provision of goods or services or constituting of an
invitation to participate in an activity and conveyed by or
through any signage, image or sound disseminated through
electronic medium for advertising purposes.
Legislation
 Medicines (Advertisement And Sale) Act 1956
 Trade Description Act 1972
 Consumer Protection Act 1999
 Communications and Multimedia Act (CMA) 1998
 Food Act 1983 and the Food Regulations 1985
 Guidelines for Cosmetics Advertisement 2017
…. and more
Legislation
Main legislation which govern the advertising and

promotion of medical products (medicines and
device):
• Medicines (Advertisement and Sale) Act 1956
• Medical Device Act 2012
- Medical Advertisements Board (MAB)

– vets and approves
Industry codes:
• Codes of conduct issued and administered by the

Pharmaceutical Association of Malaysia (PhAMA)
• Code of Conduct for Non Prescription (OTC) Products

(the OTC Code) by PhAMA
Trade Description Act 1972:
 provides the guidelines for advertising
 a criminal statute which deals specifically with the false
or misleading statements in the supply of goods and
services.
 no limitation to provide information as long as it is true
 Section 7A - a person who directly or indirectly offers to

supply the goods or services and/or the person on
whose behalf the advertisement is made is deemed to
have applied a trade description. Therefore,
>> in the case of a third-party website, liability can
arise on both the owner of the website and the
marketer.
Consumer Protection Act 1999, Part XI a:
Committee on Advertisement
(a) to advise the Minister on any aspect related to advertisement
(b) to examine complaints related to advertisements;
(c) to issue or publicize information concerning the nature and

characteristics of goods or services which may be prejudicial to
the rights or may cause damage to the consumers; and
The Minister may make such regulations as he thinks necessary or

expedient to give full effect to the provisions of this Part.
CMCF Code:
o to identify what is offensive and objectionable while
spelling out the obligations of content providers within
the context of social values in this country.
o compliance with the codes is merely voluntary, no

sanctions can be imposed for poor compliance.
o does not specifically deal with online advertising but

deals generally with indecent or offensive content.
Content Code
PART 3: ADVERTISEMENT
1.0 Scope and Coverage
2.0 Objectives
3.0 Principles
4.0 Specific Guidelines
5.0 Indirect Advertising and Product Placements
6.0 Identifying Advertisers and Recognising
Advertisements
7.0 The Use of People in Advertising
8.0 Other Specific Advertisements
PART 3: ADVERTISEMENT
4.0 Specific Guidelines:

- Legality
- Decency
- Honesty and truthfulness
- Safety
- Violence/Anti-social behaviour
- … 18 points in all
• Communications and Multimedia Act (CMA):
- For anything electronic
Improper use of network facilities or network

service, etc.
233. (1) A person who—
(a) by means of any network facilities or network service
or applications service knowingly—
(i) makes, creates or solicits; and
(ii) initiates the transmission of,
any comment, request, suggestion or other

communication which is obscene, indecent, false,
menacing or offensive in character with intent to annoy,
abuse, threaten or harass another person;
TUTORIAL
1. What wrong can advertisements do?
Misleading advertising, Consumer Protection – Eg?
2. What is the role and power of ASA, Malaysia?

[refer to video]
3. Are these laws/guidelines against free speech/expression?
4. Why were these ads banned?

What Malaysian codes or laws apply?
Choose 2 to analyse.
[https://www.thedrum.com/topics/banned-ads]

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Regulations for Advertising

General guidelines for advertising:

• cannot put-down competitors

• must comply with related laws

“This bottle of multivitamins can cure your

“This cream can make your skin whiter than snow!”

The constituent members of ASA are:

• an announcement of a public nature whether for the sale or

 Medicines (Advertisement And Sale) Act 1956

 Trade Description Act 1972

 Consumer Protection Act 1999

 Communications and Multimedia Act (CMA) 1998

 Food Act 1983 and the Food Regulations 1985

 Guidelines for Cosmetics Advertisement 2017

Main legislation which govern the advertising and

• Medicines (Advertisement and Sale) Act 1956

• Medical Device Act 2012

- Medical Advertisements Board (MAB)

• Codes of conduct issued and administered by the

• Code of Conduct for Non Prescription (OTC) Products

 no limitation to provide information as long as it is true

 Section 7A - a person who directly or indirectly offers to

(b) to examine complaints related to advertisements;

(c) to issue or publicize information concerning the nature and

The Minister may make such regulations as he thinks necessary or

o compliance with the codes is merely voluntary, no

o does not specifically deal with online advertising but

4.0 Specific Guidelines:

Improper use of network facilities or network

any comment, request, suggestion or other

2. What is the role and power of ASA, Malaysia?

3. Are these laws/guidelines against free speech/expression?

4. Why were these ads banned?

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