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Ukraine introduces amendments to law on advertising

Ukraine
09/08/2023
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On 30 June 2023, the President of Ukraine signed a newly adopted law, which introduces changes to the Law of Ukraine on Advertising.
The new Law harmonises national advertising legislation with EU standards and updates it according to modern technological realities.
The new features proposed by the Law include:

  •  alignment of the legislation with EU Directives 2010/13/EU and 2018/1808.
  • regulation of advertising distributed through OTT platforms and other electronic means, such as websites, emails, chatbots, etc. (the previous advertising legislation did not specifically regulate online advertising, leaving it in a grey zone).
  • creating the possibility for the media industry to adopt advertising self-regulation or co-regulation, including codes on advertising requirements for alcoholic beverages, gambling, unhealthy foods high in fat, trans-fatty acids, salt, soda, or sugar, etc.
  • creating the possibility for advertising market players to adopt self-regulation guides on producing and distributing advertisements. 
  • regulation of product placement and user-generated content advertising, which was not regulated previously.
  • introduction of criteria for advertising to fall under jurisdiction of the Ukrainian legislation.
  • more detailed prohibition of discrimination, hate and cruelty in advertising, and a prohibition banning residents and entities in Russia to advertise in Ukraine.

The new Law will become effective on 2 October 2023.

For more information on this legislation, contact your usual CMS professional or our CMS experts in the Kyiv office: Olga Belyakova, Anna Pogrebna.

Source: The Law of Ukraine no 3136-IX dated 30 May 2023 On the introduction of amendments to the Law of Ukraine "On Advertising" and other laws of Ukraine regarding the implementation of the norms of European legislation into the national legislation of Ukraine through the implementation of certain provisions of the legislation of the European Union in the field of audiovisual advertising.

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