CZECH REPUBLIC Law and Practice Contributed by: Irena Lišková, Ladislav Mádl, Eliška Říhová and Adam Vymazal, Randl Partners
tising Practice, the GDPR, and the Advertising Regu - lation Act, amongst others.
• suggest that alcohol has medicinal properties, a stimulating or calming effect, or that it can solve personal issues; and • highlight alcohol content as a positive characteris - tic of the beverage. Alcohol is also a subject to special provisions in the On-Demand Audiovisual Media Services Act and Radio and Television Broadcasting Operation Act, stipulating very similar rules to the ones listed above. In addition, these two Acts explicitly refer to self-reg - ulatory codes to provide more detailed requirements related to alcoholic beverages. Tobacco Advertising of tobacco products is prohibited, with limited exceptions. Such exceptions (upon meeting further conditions below) include: • advertising (printed materials) targeted at experts in the field of tobacco business; • advertising in specialised tobacco shops or win - dows/signs of such shops or in parts of larger shops which are intended for the sale of tobacco products; and • motorsport competitions and sponsorship commu - nications at such events (unless it involves spon - sorship of events or activities which involve several EU, EEA member states or otherwise achieve cross-border effects). All tobacco advertising must include a distinctive warning (the wording is stipulated in the Act) and must not target persons under 18 years of age or encour - age smoking. The prohibition of tobacco advertising also applies to sponsorship if its purpose or direct or indirect effect is tobacco advertising. In addition to the general regula - tion, the On-Demand Audiovisual Media Services Act and the Radio and Television Broadcasting Operation Act include specific provisions banning audiovisual advertising and sponsorships related to tobacco products, including product placement and sponsor - ship by entities primarily engaged in manufacturing or selling tobacco products.
10. Product Compliance 10.1 Regulated Products Gambling (Including Lotteries) Advertising of gambling is not prohibited, however it must: • not contain any suggestion that gambling could be a source of income in a similar way as employ - ment, independent business or other activity; • not target persons under the age of 18 ‒ in particu - lar, it is prohibited to depict persons under 18 years of age or use elements, means or actions that primarily address underage audience; and • contain a clear statement that any participation of persons under the age of 18 in gambling is prohib - ited and a visible warning stating: “The Ministry of Finance warns: Participation in gambling may lead to addiction!”. A special provision of the Gambling Act stipulates that no advertising, communication or other form of promotion can be placed on the building in which the gambling premises are located (ie, a casino). Alcohol Advertisement of alcohol is not prohibited, but it is subject to strict regulation. It is prohibited to: • encourage immoderate use of alcoholic beverages or make negative or ironic statements regarding sobriety, abstinence or a cautious approach to alcohol; • target persons under the age of 18 ‒ it is prohibited to depict minors or persons who look like they are under the age of 18 consuming alcoholic bever - ages, or to use elements, means or actions that primarily appeal to an underage audience; • link alcohol consumption to increased performance or make any association with driving a vehicle; • create the impression that alcohol consumption leads to social or sexual success;
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