[Intl-tobacco] Up in smoke / Proposed ad law threatens to kill cigarette advertising (Czech)

[Robert Weissman]

Up in smoke / Proposed ad law threatens to kill cigarette advertising
by Jasna Sykorova
CZECH REPUBLIC;
Source: Prague Post, Wednesday, 3/22/00

Businesses that rely on tobacco advertising will be tightening their belts
if a new advertising law expected to pass in Parliament goes into effect
in the middle of next year.

The amendment to the current Czech advertising law, expected to reach
Parliament later this year, would prohibit all advertising, promotion and
sponsoring of tobacco products.

That's bad news for publications like the monthly culture guide Navigator,
which rely heavily on advertising from cigarette makers to pay its bills.

"If we lose all the advertising of tobacco products, it will have a fatal
impact on our magazine," Navigator editor-in-chief Marek Slezak said. He
said cigarette companies often provide up to 90 percent of the magazine's
advertising revenue.

The amendment is expected to be approved by the Cabinet in April and then
would go to Parliament sometime later this year.

Cigarette advertising, however, isn't all that the amendment would ban. It
also would put an end to advertisements directed at children and may also
ban endorsements from celebrities, doctors and local authorities, who
might have more sway with the public.

The amendment was drafted by the Ministry of Industry and Trade in order
to come in line with the European Union (EU). The current proposal,
however, is far stricter than EU standards. And that, some say, is unfair.

"Advertising should not offend people," said Radek Pokorny, a lawyer from
the Pokorny, Wagner & spol. law firm. "But if it doesn't offend anybody,
it is not necessary to have a law to regulate it."

Pokorny also argued that the amendment won't be effective because laws
can't define what is or isn't offensive.

Self-regulation

Jiri Mikes, executive director of the Association of Advertising Agencies,
said that while the current law needs improvement, the proposed amendment
is overkill. He said that advertising is efficiently self-regulated in the
Czech Republic by his association and the Advertising Council.

As it now stands, if there is a written complaint from anyone concerning
advertising or promotional activity, the council -- which has the power to
judge what advertising is fit for distribution -- considers the case and
takes measures if it finds that an ad is inappropriate.

Stepan Wolde, director of communications for media representative company
IP Praha, said that television advertising has several checkpoints to pass
before it actually gets to the public.

Since the proposal is at the start of the legislative road, Pokorny said
that he thinks there will be time enough to discuss and change parts of
it.

However, tobacco companies might start to think about adjusting their
marketing plans, and publications such as Navigator should start looking
for alternative resources, since the trend in the EU is against cigarette
advertising.

"Every regulation can be worked around," Pokorny said. "It is a question
of interpretation. We may expect that tobacco companies will start to
produce a variety of products different from cigarettes and to promote
them instead."

Jasna Sykorova's e-mail address is jsykorova@praguepost.cz

Selected provisions of the proposed advertising law:

=96 TOBACCO Advertising of tobacco products will be prohibited everywhere
except in tobacco shops.

=96 CHILDREN Advertising targeting children under the age of 15 or ads
showing children in dangerous situations will be prohibited.

=96 MEDICINES All promotion of prescription medicine will be prohibited.
Sponsorship by doctors and other specialists, who prescribe or distribute
medicine will also be banned. Advertisements for non-medical items such as
juice or tea cannot contain any claims of medical benefits.

=96 COMPETITION Consumer competitions such as mail-entry sweepstakes are
prohibited.

=96 ENDORSEMENTS Celebrity endorsements or endorsements by professionals in
a given field would be prohibited.