CZECH REPUBLIC Law and Practice Contributed by: Irena Lišková, Ladislav Mádl, Eliška Říhová and Adam Vymazal, Randl Partners
Food Nutrition and health claims may be included in food advertising only in accordance with the applicable EU regulations. Advertising for food supplements and foods for par - ticular nutritional uses must clearly display the terms “food supplement” or “food for particular nutritional uses,” especially in printed materials. Specific rules also apply to the advertising of infant and follow-on formulae. In addition, the Consumer Protection Act prohibits offering products that are dangerous due to their inter - changeability with food. The Code of Advertising Practice sets out non-binding rules on the advertisement of food in general, as well as specific rules for advertising targeted at children. Others Additional industries subject to further regulation include funeral services, firearms and ammunition, plant protection products, veterinary pharmaceuti - cals, as well as temporary accommodation and other recreational services. 10.2 Product Placement Product placement rules are primarily stipulated in the On-Demand Audiovisual Media Services Act and Radio and Television Broadcasting Operation Act. Product placement is legal; however, it cannot be used in news and political-publicist broadcasts, con - sumer publicity programmes, religious programmes and children’s programmes. It is not considered as product placement if the goods are provided free of charge and without any special payment (ie, produc - tion props, competition prizes), with the aim of includ - ing such goods in a show or broadcast. Any show or programme with product placement must comply with the following rules:
• it must be visibly identified as containing product placement at the beginning, at the end and, if there is a commercial break, also after the commercial break, so that the audience cannot be misled; • the editorial responsibility and independence of the media service provider must not be compromised by the product placement or by the inclusion of the programme in the TV/radio broadcast; • it must not clearly incite any purchase, for example by specifically mentioning goods or services for advertising purposes; and • it must not overly highlight the placed product. The Council for Radio and Television Broadcasting has issued a recommendation to broadcasters that any content with product placement should be marked with a pictogram consisting of the letters PP in letters on a black background, which will be displayed for at least five seconds in the lower right corner of the screen and occupy at least 15% of the screen area. If the product placement does not comply with the above rules, it can be considered unfair commercial practice under the Consumer Protection Act and Advertising Regulation Act. 10.3 Other Products Starting from 10 October 2025, a new Act on Election Campaigns and on Transparency and Targeting the Political Advertising will come into force, which also implements the powers of administrative authorities and their co-operation in the field of political advertis - ing pursuant to Regulation (EU) 2024/900. Moreover, the AIP recently published a Code of Con - duct for Political Influencers which sets out an ethical code that focuses on transparency in political collabo - rations, responsible audience targeting, fact-checking, disclosure of AI-generated content, conflicts of inter - est, archiving, and compliance with EU regulations.
104 CHAMBERS.COM
Powered by FlippingBook