POLAND Law and Practice Contributed by: Szymon Gogulski, Marek Oleksyn and Damian Ludwiniak, Sołtysiński Kawecki & Szlęzak
the beginning, at the end and upon resumption after an advertising or teleshopping break. Product placement cannot compromise the broad - caster’s editorial independence and autonomy by influencing the content or placement of the pro - gramme, and does not relieve the broadcaster of responsibility for the content of the programme. Certain types of products or services cannot be the subject of product placement, including tobacco products, alcoholic beverages, health services and medicinal products. Unlike product placement, subject placement is pro - hibited under the Polish Broadcasting Law. Subject placement is defined as a “commercial communica - tion of a reference to a good, a service or their trade mark in a script or in a dialogue list of a programme in return for payment or similar consideration”. 10.3 Other Products The following may be outlined among various sector- specific goods and services that are subject to spe - cific advertising rules. Medical Products Under the Polish Pharmaceutical Law of 6 September 2001, the advertising of a medicinal product means the activity of informing or encouraging the use of a medicinal product with the aim of increasing the pre - scription, supply, sale or consumption of medicinal products. This law sets out detailed rules and restric - tions concerning the advertising of medicinal prod - ucts, including the following: • such advertising cannot be misleading; • it must present the medicinal product objectively and communicate its rational use; • it cannot consist of offering or promising any ben - efit directly or indirectly in return for acquiring the medicinal product or providing evidence that an acquisition has taken place; • it cannot be directed at children nor contain any element which is directed at them; and • advertising of a medicinal product that is a remind - er of a full advertisement, in addition to its own name and the name in common use, may only
contain a trade mark that does not refer to the medicinal indication, pharmaceutical form, dosage, advertising slogans or other advertising content. Consumer Credit Under the Law of 12 May 2011 on Consumer credit, advertisements concerning consumer credit contain - ing information on the cost of consumer credit, par - ticularly the interest rate, the creditor or credit inter - mediary, shall indicate the following information to the consumer in a clear, comprehensible and prominent way: • the borrowing rate, including whether it is fixed, variable, or both – this information shall be pro - vided in addition to a breakdown of the charges included in the total cost of the credit; • the total amount of credit; and • the annual percentage rate of charge.
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