A new Law "On Advertising" will be adopted in Uzbekistan.

Advertising activity in Uzbekistan is regulated by the Law "On Advertising", which was adopted back in 1998. Although this legislative act has been amended and supplemented more than 15 times, it still does not meet the requirements of the present time. From this article you will learn about legal restrictions on advertising and how the new edition of the law will differ from the old one.

Advertising is a special information on a legal entities or physical persons, products, including a trademark, service mark and technology that is disseminated in accordance with legislation in any form and by any means, for the purpose of directly or indirectly receiving profit (income);.

Restrictions

There is a list of goods defined by law, advertising of which is prohibited. The list includes certain medicinal products: receptor, containing narcotic or psychotropic substances. Energy drinks that cannot be advertised on TV and radio from 7:00 am to 10:00 pm. Tobacco, tobacco products, alcoholic beverages of any strength, and so on.

If the prohibition of medicines containing narcotic or psychotropic substances can be justified and considered correct by general public, the prohibition of advertising energy drinks on television and radio at certain times of the day, as well as alcoholic beverages, is not so simple.

First, as you know, traditional TV and radio have been losing their audience for several years in a row due to its "migration" to the online space. If previously the content available to the general public was limited by local television and radio channels, now people have access to content from all over the world without any restrictions. By limiting advertising of energy drinks on local TV and radio from 7:00 am to 10:00 pm, the state is essentially not achieving its goal of caring for the health of the younger generation.

Second, the author believes that the ban on advertising of alcoholic products is also outdated. According to the current version of the law on advertising, any advertising of alcoholic beverages is prohibited. However, the state is still limited by the physical territory of the country, and the state's power to restrict does not extend to the “online” territory, especially outside the .uz domain zone.

What can be allowed in the new Law "On Advertising"

In the new version of the law, the regulator provided for some relaxation of the ban - advertising of wine and beer of domestic production in advertising blocks of TV channels of foreign countries, distributed on the territory of the Republic of Uzbekistan, as well as inside stationary outlets, in which retail sale of wine and beer is carried out, is allowed, including in the tasting rooms of such shopping facilities, bars and restaurants.

It is also allowed to advertise such products on websites in the .uz domain zone intended for persons who have reached the age of twenty and with a prerequisite for access - the site must have a preliminary identification of the age of users.

We can say that the state allows the possibility of lifting the ban on advertising of alcoholic products in general, however, it is also necessary to take into account the policy of Uzbekistan in terms of some restraint of the consumption of alcoholic products by the citizens of the country.

On the other hand, the new version of the law also contains articles that cause an ambiguous reaction.

One of such articles is an article about the language of advertising. According to the current version of the law, advertising on the territory of Uzbekistan is distributed in the state language or, at the request of the advertiser, in other languages . This means that nowadays it is allowed to distribute advertising in any language in Uzbekistan. Although in practice there are cases of different interpretations of this article of the law on the part of state bodies of different levels, the author does not undertake to comment on them due to the rather clear wording in the law itself.

In the new version of the law, which has not yet been adopted, the state obliges the advertiser to distribute advertising in the Uzbek language and / or, at the request of the advertiser, additionally in other languages. At the same time, the translation of the content of the advertisement should not distort its main meaning. Thus, if the new version of the law is adopted in its current form, advertisers will be obliged to distribute advertising only in the Uzbek language or to do bilingual advertising, which may affect the effectiveness and ease of perception of advertising for an ordinary citizen.


Publication date: March 16, 2021
Author: Sherzod Utkirkhujaev, Partner at Settle Law Firm.