CZECH REPUBLIC Law and Practice Contributed by: Irena Lišková, Ladislav Mádl, Eliška Říhová and Adam Vymazal, Randl Partners
3. Limitations and Special Laws 3.1 Representation and Stereotypes in Advertising Topics such as stereotyping, inclusion, diversion and equity are generally addressed in Anti-Discrimination Act and the Advertising Regulation Act. The Adver - tising Regulation Act includes a general provision stipulating that advertising must not be contrary to “good morals,” explicitly prohibiting discrimination on the grounds of race, sex or nationality, and prohibiting the degradation of human dignity. The Anti-Discrimination Act prohibits discrimination on certain grounds (eg, gender, race, ethnic origin, religion, age, sexual orientation and disability) and establishes legal mechanisms for defending against discrimination, including the possibility to seek redress through the courts. In 2022, the Czech Supreme Administrative Court issued a ground-breaking decision on nudity in adver - tising. In the advertisement in question, a naked wom - an posed once as a coffee table (having a glass and a motorbike helmet covering her head and face) and the second time as a standing lamp with a lampshade on her head, while the men present in the same scene were dressed and did not have their faces covered. The Supreme Administrative Court ruled that the advertisement constituted gender discrimination, degraded human dignity, and was therefore contrary to good morals, in violation of the Advertising Regula - tion Act. 3.2 Children According to the Advertising Regulation Act, if adver - tising is addressed at persons under the age of 18, it must not: • encourage behaviour that is detrimental to their health or physical or mental development; • take advantage of the special trust placed in their parents, legal guardians or other persons; or • show them in inappropriate or dangerous situa - tions. Moreover, the Consumer Protection Act sets out a detailed and extensive list of prohibited unfair com -
2.6 Environmental Claims Environmental claims are primarily governed by EU legislation, and the Czech Republic does not have any different or specific regulations. Green marketing is legal, provided that it is not unfair and otherwise meets the general rules for advertising. In one high-profile case, the Czech Constitutional Court dismissed a complaint by a major energy com - pany in a dispute with the non-governmental environ - mental organisation. The organisation had altered the company’s official advertising video by adding foot - age of damaged forests and forest fires and supple - menting it with text stating that company’s activities are harmful to the environment. The Court held that the content of the advertisement constituted factual criticism of the company, rather than, for example, a call to violence, and it was an attempt to draw atten - tion to the impact of the company’s activities on the environment through exaggeration and irony. 2.7 Disclosures Since there are no specific rules in place, the general rules for advertising apply to disclosures, with certain specific disclosure requirements for the press, radio and TV. For more information, please see 5.1 Special Rules Applicable to Social Media . 2.8 Other Regulated Claims Claims relating to country of origin are also specially regulated under Czech law and must not be mislead - ing to consumers. Furthermore, in radio, TV and on- demand audiovisual media, commercial communica - tions are prohibited if they suggest that the country of origin is the Czech Republic without complying with the applicable conditions set out in the Food Act. Under the Consumer Protection Act, it is always considered a misleading commercial practice if the seller states the words “free of charge”, “free”, “with - out charge” or words of similar meaning in relation to a product or service if the consumer must incur any costs for the product or service, except for the necessary costs associated with responding to the commercial practice, taking delivery of or receiving the item.
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