GHANA Law and Practice Contributed by: Olusola Ogundimu and Esohe Olajide, Integrated Legal Consultants
must be couched in language that is clear and easily understood by the public. Advertisements must state sufficient relevant information in order for an adequate description of the investment or services offered to be conveyed to the recipient. In addition, statements of opinion in an advertisement must be attributable to an identified person, and reasonable steps must be taken to ensure that the person expressing the statement still holds that opinion at the date of the publication. 2.8 Other Regulated Claims All claims in advertising must not be misleading and must be substantiated. The FDA requires that claims in respect of health, medical benefits or therapeutic effects of a drug or medical product must be substantiated by scientific evidence. The FDA also requires that all foods and drugs sold or imported into Ghana must be labelled with the country of origin, and that the side effects of drugs, cosmetics and other products should be indi - cated in the advertisements. 3. Limitations and Special Laws 3.1 Representation and Stereotypes in Advertising There are currently no laws or regulations addressing stereotyping in advertising in Ghana. 3.2 Children The FDA, GC and AAG all have provisions relating to advertising to children. The FDA requires advertising to children to: • be truthful and not misleading, as children do not have the same level of scepticism as adults in making decisions – thus, claims must be supported by evidence; • not exploit children’s vulnerability or lack of experi - ence, and to not use fear, peer pressure or other tactics to manipulate children into making pur - chases; • desist from promoting products that can be harm - ful to the health and wellbeing of children; and
• not depict drinking alcohol as being fashionable or appealing to minors. The AAG Code provides that special care should be taken in advertisements directed to or featuring children; such advertisements must not undermine positive social behaviour, lifestyle and attitude. The Code also provides that products suitable for children should be advertised in media targeted at them, and that advertisements directed at children should not be inserted in media where the editorial matter is unsuit- able for them. Materials unsuitable for children shall be clearly identified as being unsuitable for them. The GC requires that advertising in respect of gaming should not be targeted to entice those under the legal gaming age, which is 18 years, and should not be placed in media specifically targeted at such persons, such as children’s magazines, newspapers, journals or similar media. Children’s songs or cartoon characters cannot be used in advertising games of chance, and gaming advertisements must not run during the airing of programmes or movies with Family (F), Parental Guidance 18 (PG 18) and Adult Accompaniment (AA) ratings. The GC also prohibits the placing of outdoor advertising within 20 metres of preschools, 1st and 2nd Cycle Schools, children’s playgrounds and any other facilities designed for the use of persons below 18 years, or the advertisement of gaming in relation to public functions where people under the legal gaming age are likely to be in attendance. In addition to not being misleading, the GC states that advertising must not depict responsible gambling nor make it appealing to minors. The GC also prescribes that operators providing sponsorship shall not offer prizes, give out souvenirs and/or distribute promotion - al materials to participants of programmes organised for persons below the age of 18 years. 3.3 Dark Patterns There are no special laws or guidance related to dark patterns in advertising in Ghana at this time, so dark patterns would be regulated by the general provi - sions on advertising – ie, advertisements should not be manipulative or misleading, nor take advantage of consumers’ ignorance to induce the purchase of a product.
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