GHANA Law and Practice Contributed by: Olusola Ogundimu and Esohe Olajide, Integrated Legal Consultants
3.4 Sponsor Identification and Branded Content The FDA and CG Guidelines appear to be silent on sponsor identification or branded content. However, since advertisements are pre-approved, the FDA and GC would ordinarily raise any issues they may have with such content in the advertisement before it is publicised. The AAG Code provides that media organisations must only accept or expose advertisements that indicate the proper identity of the sponsor, except in a teaser advertisement. In addition, advertise - ments should not bear sign-offs such as “committee of friends”, “concerned citizens” or any other broad terms without verifiable names and addresses. 3.5 Special Rules for Native Advertising There are currently no special rules that regulate native advertising in Ghana. The AAG Code provides that advertisements must not discredit, disparage nor attack other products/ services, ideas, personalities or organisations unfairly, nor exaggerate the nature or importance of competi - tive differences. In addition, advertisements must not imitate the slogans/illustrations of another advertis - ing practitioner in such a manner as to mislead the consumer. In Regulation 40 (9) of L.I. 1728, the SEC provides that comparison made between alternative investments must be fair, reasonable, accurate and compatible, and must not omit factors that are or may be relevant to an appreciation of the comparison or contrast. The FDA has no specific rules in respect of compara - tive advertising claims, but the following general rules apply: • advertising should not be misleading or deceptive; 4. Comparative Advertising and Ambush Marketing 4.1 Specific Rules or Restrictions
• the advertisement of food must not criticise any other company’s competing or alternative prod - ucts, either directly or by implication; and • advertising must not portray a product as being better than those of competitors by negatively undermining the latter. 4.2 Competitor Copyrights and Trade Marks Advertisers are not permitted to use the name, trade mark or packaging of a competitor in advertising in Ghana. The use of the copyright or trade marks of another person or entity can only be done with their consent. 4.3 Challenging Comparative Claims Made by Competitors There are no specific rules on advertisers challenging claims made by a competitor, but the various regula - tors allow for complaints to be brought to their atten - tion, and the applicable remedies would ordinarily apply if investigations reveal a breach of the rules or guidelines on advertising. 4.4 Ambush Marketing As far as is known, there are no special rules relating to ambush marketing in Ghana. 5. Social/Digital Media 5.1 Special Rules Applicable to Social Media The FDA Guidelines on advertising apply to all forms of advertising, including online or by social media. Therefore, advertising on social media platforms should comply with the relevant guidelines and must be pre-approved. The provisions of the Data Protection Act 2012 (Act 843) on data protection and electronic communication also apply to advertising online or on social media. The Electronic Transactions Act 2008 (Act 772) requires advertisements of products online to provide pricing details, accurate descriptions of products/ goods, terms of sale and other relevant information to guide consumers in purchasing those products.
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