On May 30, 2023, the parliament of Ukraine adopted a law on advertising, which is part of the European Commission recommendations, provided together with the status of a candidate to join the EU.
In particular, the national legislation of Ukraine implements the rules of certain provisions of EU acquis in the field of audiovisual advertising (European Convention on Cross-Border Television, European Parliament Directive, and Council 2010/13/EU on Audiovisual Media Services of March 10, 2010, with changes made by Directive (EU) 2018/1808 of November 14, 2018).
The following changes were made to the advertising law:
- the concept of “user content” and advertising in it is introduced;
- The term and regulation of the “Product Placement”, which is now in the “gray zone” (the terminology is absent, and individual elements and manifestations are regulated, as through “sponsorship”). In accordance with the requirements of the Directive, the name of the goods will be able to sponsor, but in compliance with the restrictions established by law. However, there are categories for which it is forbidden – tobacco and similar products, gambling;
- it is envisaged that the language of advertising is part of its content, as well as the possible cases of use of Latin (for example, to designate a web address or when showing packaging of the product in the form in which it is sold in Ukraine);
- statements and/or images in advertising, which are discriminatory and/or ignite hatred, enmity, or cruelty to individuals or groups of persons on the grounds, in particular, age, ethnicity, sexual orientation, disability, on other grounds;
- The advertising quota in linear audiovisual media (television) increases to 20% – it is calculated not hourly, but for time intervals from 6.00 to 18.00 and from 18.00 to 24.00. The advertising quota for linear audio media is canceled;
- The rules for interrupting films (except for series and documentaries), news programs, and programs for children (not more than every 30 minutes) are simplified. When broadcasting programs consisting of autonomous parts or sports events, advertising is placed in breaks between their parts;
- advertising (including sponsorship and production playing) is completely prohibited by tobacco products, electronic cigarettes, similar applications, and other smoking products;
- differentiates the possibility of alcohol advertising depending on its type and media. It is forbidden to advertise alcohol (except beer, wine, and cider) in linear and nonlinear audio and audiovisual media from 6:00 to 23:00. It is allowed to advertise beer, wine, and cider in audiovisual media from 22:00 to 6:00, and in audio from 20:00 to 7:00;
- spam is prohibited, including mass phone calls and a fine of 51 thousand hryvnias is set;
- advertising regulation on joint access platforms and joint access to information is introduced, as well as using electronic communications (messengers, bots, virtual and supplemented reality, any digital technologies), in particular, the obligation to mark advertising, compliance with legislation advertising as well as the prohibition of spam;
- the National Register of Websites, which are concerned about compliance with intellectual property rights, is envisaged, on the basis of which websites are included and excluded in/from the list of the World Intellectual Property Organization as anxiety (WIPO Alert);
- the issue of the necessary licenses and permits for advertised goods and services is clarified. In particular, residents of other states that promote goods and services in the territory of Ukraine must have appropriate licenses or permits for the sale of such goods and services in accordance with the law of the country.