138/2002 Sb.
LAW
of 15 November 2004. March 2002,
amending the Act No. 40/1995 Coll., on regulation of advertising and amending and
supplementing Act No. 468/1991 Coll., on radio and
of television broadcasting activities, as amended, as amended
regulations, and Act No. 79/1997 Coll., on pharmaceuticals and on changes and additions to the
some related laws, as amended
Change: 378/2007 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on regulation of advertising
Article. (I)
Act No. 40/1995 Coll., on regulation of advertising and amending and supplementing Act No.
468/1991 Coll., on radio and television broadcasting, in
as amended, as amended by Act No. 258/2000 Coll., Act No.
231/2001 Coll. and Act No. 257/2001 Coll., is amended as follows:
1. § 1, including footnotes # 1) to 4):
"§ 1
(1) Advertising means, demonstrate announcements or other presentation circulated
in particular, communication media, aimed at promoting business
activities, in particular, promote the consumption or sale of the goods, construction,
the rental or sale of real property, the sale or use of rights or
commitments, support the provision of services, the promotion of the trade mark, ^ 1)
If it is not stipulated otherwise.
(2) the communication media, which is advertising broadcast, means
resources for carrying ads, in particular, the periodic press ^ 2) and
non-periodical publications, ^ 3) radio and television broadcasting,
audiovisual production, ^ 4) computer networks, audiovisual works,
posters and flyers.
(3) the contribution made by sponsoring means in order to promote
the production or sale of goods, provision of services or other feats of the sponsor.
Sponsor means any legal or natural person, such
the contribution for this purpose.
(4) the advertiser (the "sponsor") for the purposes of this
law, legal or natural person that ordered another legal
or natural person advertising.
(5) the processor of ads ("processor") is for the purposes of this
law, legal or natural person, for himself or for another
legal or natural person to process advertisements.
(6) Exports (hereinafter referred to as the "purveyor") is for the purposes of this Act,
legal or natural person that distributes advertising.
(7) the provisions of this Act apply to a sponsorship, if not
unless provided otherwise below.
1) § 1 of the law No. 137/1995 Coll. on trademarks.
2) § 3 (b). and) Act No. 46/2000 Coll., on the rights and obligations
the issue of periodicals and amending some other acts (print
the law).
3) section 1 of Act No. 37/1995 Coll., on the non-periodic publications.
4) § 1 (1). 1 (b). (c)) Law No 273/1993 Coll., on certain conditions
production, dissemination and archiving audio-visual works, amending and supplementing
certain acts and certain other regulations. ".
2. section 2 including the footnotes # 5) to 7) reads as follows:
"§ 2
(1) it shall be prohibited
and) advertising of goods, services, or other performances or values, whose sales,
the provision is in conflict with the law,
(b)) advertising based on the podprahovém perception. Such advertising for
the purposes of this Act, the advertising, which should affect the subconscious mind
the physical person, without that person consciously perceived,
c) advertising misleading, ^ 5)
d) hidden advertising. Such advertising shall for the purposes of this Act, the
advertising, which is difficult to distinguish that this is advertising, in particular,
because it is not marked as advertisements,
(e) the dissemination of unsolicited advertising) if it leads to the addressee or if expenses
addressee of the buggers.
(2) comparative advertising ^ 6) is permitted under the conditions laid down in this
Act and special legislation. ^ 7)
(3) advertisements shall not be contrary to good morals, in particular
include any discrimination on grounds of race, sex or
nationality or attacking religious or ethnic sentiment, endanger
generally unacceptable manner, reduce the morality of human dignity,
contain elements of pornography, violence, or elements that use the theme
fear. Advertising shall not challenge the political beliefs.
(4) advertising shall not encourage behaviour detrimental to health or threatening
the safety of persons or property, as well as conduct detrimental to the interests of the
protection of the environment.
(5) advertising spread along with other communication must be clearly
identifiable and appropriately separated from the rest of the communication.
5) section 45 of Act No. 513/1991 Coll., the commercial code.
6) § 50a paragraph. 1 of Act No. 513/1991 Coll., as amended by Act No. 370/2000
SB.
7) § 50a paragraph. 2 and 3 of the Act No. 513/1991 Coll., as amended
regulations. ".
3. in article 2, the following new paragraph 2a to 2 c, which including the title and notes
footnote 8) and (9)) are added:
"§ 2a
Comparative advertising of medicinal products intended for Administration to the people (
"medicinal products"), medical devices or ^ 8)
health care is subject to conditions laid down by specific legal
předpisem7) permissible if it is focused on the person authorized these medicinal
products or medical devices to prescribe or dispense ^ 9)
or this health care provide (hereinafter referred to as "experts").
Section 2b
Advertising indicating the specific offer
Advertising indicating the specific offer shall clearly and unambiguously indicate
the date on which the offer ends or must indicate that the
the special offer is valid until stocks are exhausted of the offered goods. If
Special offer has not begun yet to act, must be in advertising also
the date of the beginning of the period during which the special price or other
specific conditions shall apply.
section 2 c
Advertising shall not, in respect of persons under the age of 18 years,
and encourage behaviour prejudicial to their) health, mental or moral
development,
(b)) recommend to purchase products or services using their
the inexperience or credulity,
c) encourage them to přemlouvaly your parents or legal guardians, or other
person to purchase products or services,
(d)) to use their special trust to their parents or legal
agents or other persons,
(e)) is to show an inappropriate way in dangerous situations.
8) section 2 of the Act No. 121/2000 Coll., on medical devices and on changing the
some related laws.
9) Act No. 20/1966 Coll., on the health care of the people, as amended
regulations. Law No 160/1992 Coll., on health care in non-State
medical devices, as amended. Act No.
79/1997 Coll., on pharmaceuticals and on amendments and additions to certain related
laws, as amended. ".
4. section 3, including title and footnotes # 10) and 11):
"§ 3
Tobacco products
(1) the advertising of tobacco products ^ 10) may not
and) be directed to persons under 18 years of age, in particular the use of elements, motifs,
resources, or events that are largely intended to such persons or
the free distribution of items associated with the use of tobacco products,
that would be appealing to young persons under 18 years of age,
(b)) represent the persons under the age of 18 years; in the advertising of these products may be
represented by persons who are or appear to be older than 25 years,
(c)) to be placed in print media intended to persons under 18 years of age,
(d)) to be placed on large posters at a distance of less than 300
m from schools, ^ 11) children's playgrounds and similar devices, which are intended
in particular minors; large posters are for the purposes of this Act,
means posters, whose surface area is greater than 10 m2,
(e) encourage smoking) words in the imperative form, or by displaying
the scene where people are smoking or holding cigarettes, cigarette packets, or other
tobacco products or smoking accessories.
(2) the advertising of tobacco products must contain a clear warning of this
text: "the Ministry of health warns: smoking causes cancer".
The text of warnings must be placed on a white background of organized along
the bottom edge of the advertising space in the range of at least 20% of the area. The text of the
shall be printed in black large bold print to attain total
height of at least 80% of the height of the white background. The height of the font of the health
the warning must be at least the same as the height of the font of the introductory sentence.
10) § 2 (b). in) Act No. 110/1997 Coll. on foodstuffs and tobacco
products and amending and supplementing certain related laws, as amended by
Act No. 308/2000 Coll.
11) Act No. 29/1984 Coll. on the system of elementary schools, secondary schools and
higher vocational schools (the Education Act), as amended.
Act No. 564/1990 Coll. on State administration and self-government in education, in
as amended. ".
5. § 4 including title and footnote 12) reads as follows:
"§ 4
Alcoholic beverages
Advertising for alcoholic beverages ^ 12) must not
and) encourage immoderate consumption of alcohol or in the negative or
Ironically, abstinence or moderation,
(b)) to be directed to persons under 18 years of age, in particular those of the person or
persons who are under 18 years old look at consumption display
alcoholic beverages or may not use elements, resources and events
that persons under the age of 18 years,
c) associate alcohol consumption with increased performance, or be used in the
connection with driving a vehicle
d) create the impression that the consumption of alcohol contributes towards social or
sexual success,
e) claim that alcohol has therapeutic qualities in drinks or stimulating
or calming effect or that it is a means of resolving personal
issues,
f) emphasize alcohol strength as a positive property of the drinks.
12) § 1 (1). 2 of Act No. 37/1989 Coll., on protection from alcoholism and
other addictions. ".
6. § 5, including the title and footnotes # 13) to 15):
"§ 5
Medicinal products for
(1) for the advertising of medicinal products shall be considered as also all
information, persuasion or incentives designed to promote the prescription,
the supply, sale, supply or consumption of medicinal products.
Additionally, advertising shall be considered
and with sales representatives) visits human medicinal products for people
authorized to prescribe, supply or supply them,
(b) the supply of samples) of medicinal products,
(c) prescribing, delivery support) and the sale of medicinal products
with the donation, consumer contests and offer or promise
any benefit or financial or material rewards,
(d) sponsoring the meeting visited by experts),
e) sponsorship of scientific congresses with the participation of experts and reimbursement of costs
the travel and accommodation associated with their participation.
(2) the provisions of this Act do not apply to
and) the labelling of medicines for human use and on package leaflets
under special legislation, ^ 13)
(b) correspondence necessary to answer) specific questions
medicinal product and any accompanying materials nereklamní
the nature,
c) sales catalogues and price lists, provided they do not contain a description of the property
medicinal products, announcements, warnings, and providing
information concerning, for example, changes in packaging, warning of
adverse drug reactions of the medicinal product,
d) data on the human health or diseases, provided do not contain any
reference, even indirect, to medicinal product.
(3) the subject of the ads may be the only medicinal product
registered under special legislation. ^ 14)
(4) any information contained in the advertising of a medicinal product for
must conform to the specifications set out in the summary ^ 15) of this product.
(5) the advertising of a medicinal product must support its rational
the use of an objective performance of this medicine without the exaggeration of his
the properties.
13) Act No. 79/1997 Coll., as amended. Decree No.
473/2000 Coll., laying down details of the registration, its
changes, renewals, determining how the picking of the medicinal product,
How to report and evaluate the adverse effects of the
of the product and the method and extent of the notification of the use of an unauthorised
of the medicinal product.
14) Act No. 79/1997 Coll., as amended.
15) § 2 (2). 13 of Act No. 79/1997 Coll. ".
7. in paragraph 5, the following new paragraph 5a to 5f, which including the titles and notes
footnote 16) up to 26):
"§ 5a
Advertising for medicinal products aimed at the general public
(1) the subject of the advertising to the general public may be medicinal
products which are according to their composition and purpose designed and
designed so that it can be used without a diagnosis, prescription
or treatment of a medical practitioner, as appropriate, on the advice of a pharmacist.
(2) the subject of advertising aimed at the general public should not be
a) medicinal products, whose issue is bound only to the medical
prescription,
b) medicinal products containing narcotic drugs or psychotropic
substances, ^ 16)
c) medicinal products which have not been effective in the context of the
registration procedures being examined.
(3) advertising aimed at the general public must not contain references to
indications of serious illness; for such disease shall be treated as
tuberculosis, sexually transmitted disease, other serious infectious
disease, cancer, and other cancers, chronic insomnia,
diabetes and other metabolic diseases; the provisions of paragraph 2 (a). and)
and (b)) and the provisions of this paragraph shall not apply to vaccination campaigns
approved by the Ministry of health.
(4) prohibits the provision of samples of medicinal products to the General
to the public.
(5) advertising aimed at the general public must
and) be formulated so as to make clear that the product is a humane medicine
with,
b) contain the name of the medicinal product, as referred to in
of the marketing authorisation. If the medicinal product contains only
one of the active substance, must be advertise contain its generic name,
c) contain the information necessary for correct use of the medicinal
of the product,
d) contain clear, in the case of print ads well legible, call
a careful perusal of the leaflet.
(6) advertising aimed at the general public must not
and) give the impression that the meeting with the doctor, a medical procedure or treatment
they are needed, in particular by offering a diagnosis or offer
treatment at a distance,
(b)) indicate that the effects of the administration of the medicinal product are
guaranteed, are not associated with adverse reactions or are better or
equivalent to the effects of other treatments or another medicinal product,
(c)) indicate that the use of a medicinal product will improve
the health of the person who uses it,
(d)) indicate that the non-use of a medicinal product may be
adversely affected the State of health of persons, with the exception of vaccination events
approved by the Ministry of health,
(e)) to be focused solely on persons under 15 years of age,
(f)) recommending the medicinal product with reference to the recommendations of the
scientists, health professionals or persons who are not, but for
experts shall be issued, or is to represent (for example, actors) and that would
Thanks to its actual or anticipated situation
could encourage the consumption of drugs,
g) suggest that a medicinal product is a foodstuff, or
cosmetics or other consumer goods,
h) indicate that the safety or efficacy of a medicinal product
is guaranteed only by the fact that it is of natural origin,
I) convening a specific detail or description of a
the case lead to the possible erroneous self-diagnosis,
j) pointing out inappropriate, excessive or misleading way, click
healing,
to use inappropriate, excessive) or confusingly shown
changes in the human body caused by disease or injury, or of the action of the
for a medicinal product on the human body or its parts,
l) indicate that the medicinal product is authorised.
(7) advertising can only contain the name of the medicinal product in
the case that this is solely about the suggestion of such a product.
section 5b
Advertising for medicinal products aimed at professionals
(1) the advertising of medicinal products aimed at the professionals may be
disseminated only through the means of communication are designed primarily
for these professionals (for example, professional non-periodic publications,
specialist periodicals, specialist of audiovisual programmes).
(2) advertising in accordance with paragraph 1 shall contain
a) accurate, up-to-date, verifiable and sufficiently complete data allowing
experts create your own opinion of the therapeutic value of human
of the medicinal product. Data taken from the publications or from
the specialized press must be exactly reproduced and given their
the source,
(b)) basic information according to the approved summary of product characteristics,
including the date of the approval or the last revision
(c)) information on how the picking of a medicinal product under
the marketing authorisation
d) information on how the coverage of public health resources
insurance.
(3) the trade representative ^ 17) must be made each time you visit in order to
the advertising of a medicinal product to pass with a specialist
the summary of each human medicinal product which is the subject
ads, and information on how payment for human use
preparations.
(4) in relation to the advertising of medicinal products aimed at
Experts prohibits them to offer, promise or give gifts or
Another benefit, unless they are of negligible value and have a relationship to them
performed by professional activities.
(5) the scope of free of charge provided entertainment during sales promotion must
be reasonable, having regard to the main purpose of the meeting side, and may not be
extended to persons other than specialists. In this case, they
not covered by the prohibition provided for in paragraph 4.
(6) experts shall not, in connection with the advertising of medicinal products for human use
products require or receive the benefits of disabled in accordance with paragraph 4, or
that is in contradiction with paragraph 5.
(7) the Samples of medicinal products may only be granted
persons authorized to prescribe or supply them, in limited
the amount of the smallest package available on the market is registered with the inscription
"Sample not for sale" or "free sample". Preparations containing
narcotic drugs and psychotropic substances ^ 16) may not benefit. Patterns of human
medicinal products may be granted only on written application by any person
authorized to prescribe and issue that is signed and
release date.
(8) advertising referred to in paragraph 1 may include only the name of a
the medicinal product in the event that this is solely about the suggestion
such a product.
§ 5 c
Medical devices
(1) for advertising on medical prostředky8) shall be considered as also all
information, persuasion or incentives designed to promote the prescription,
distribution, sale or dispensing of medical devices. Additionally, for
the advertisement shall be deemed to
and business representatives) visits for the purpose of advertising to medical
resources for persons authorized to prescribe, dispense or distribute
sell medical devices,
(b) the provision of samples of medical devices),
(c) prescribing, dispensing aid) or the sale of medical devices
using the gifts, contests, offers or promises any benefit
or financial or material rewards to persons authorized to prescribe,
distribute, dispense or sell medical devices,
(d)) sponsoring the meeting visited by persons authorised
prescribe, distribute, publish, or sell medical
resources,
e) sponsorship of scientific congresses with the participation of the persons authorized to
prescribe, distribute, publish, or sell medical
resources, and also to cover the costs related to their participation in the
travel and accommodation.
(2) the subject of the ads may be the only medical device which
meets the requirements for the placing on the market under a special legal
prescription. ^ 18) the advertiser on a medical device can be
only the manufacturer or importer of a particular medical device.
(3) the advertising of a medical device must contain the
and information from which) it is clear that the product is a health
means,
(b) the name and designation) medical device in accordance with the name and
the Declaration of conformity marking ^ 19) issued by this medical
resource,
c) intended use of the medical device, which is in accordance with the
the intended purpose of use referred to in the instructions for use of ^ 19) medical
resource.
(4) the part of the sponsoring television and radio shows, legal
or natural persons, whose activity includes the production, distribution,
the supply or sale of medical devices, may be promotion
company name or first and last name or symbol of the person,
but shall not be a medical device promotion, whose issue
is bound only to the prescription of a physician or that is paid for in full or in
a certain amount of funds for public health insurance. ^ 20)
(5) for the purposes of demonstration of medical device used
medical device which does not correspond to a specific legal
prescription, ^ 18) this medical device must be visibly marked
so, to make it clear that it will not be listed on the market, for example, the words
"Sample not for sale".
(6) the subject of the advertising to the general public may not be medical
resources,
and) whose issue is bound to the prescribing doctor,
(b)) that can be delivered only by the medical establishment, equipment
social care, or health-care professionals, ^ 21)
(c)) whose application users can perform only in connection with
the treatment or supervision by a doctor.
(7) the advertising of medical devices to the general public must
contain a clear, in the case of print ads well legible invitation to
carefully read through the instructions for use and, if any, consultation with a specialist.
(8) the advertising of medical devices to the general public shall not
and) give the impression that by simply using a medical device can be
affect health, and for this reason there is no need for professional medical
care,
(b)) give the impression that when you use the medical device in
accordance with its intended purpose of use cannot occur any
side effects,
(c)) to be focused solely or primarily by persons under 15 years of age,
d) attributed to medical device reactions which are not
proven,
(e)) indicate that the effect of the medical device is equal to the effect of the
another medical device or it exceeds,
(f) a description or detailed) convening of a particular case lead to the possible
erroneous self-diagnosis.
(9) the advertising of medical devices focused on the person authorized
prescribe, distribute, publish, or sell medical
resources may be disseminated only through communication
resources designed primarily for these people (for example, professional
non-periodical publications, professional periodicals, specialist
audiovisual programmes) and must contain sufficient, accountable and
objective data that will allow persons authorized to prescribe,
distribute, dispense or sell medical devices, create
your own opinion of the therapeutic benefits of a specific medical
resource.
Foods and baby nutrition
§ 5 d
Advertising on food ^ 22) should not mislead in particular
and as regards the characteristics) of food, their properties, composition,
quantity, durability, origin or the origin and method of processing or
production,
(b)) as regards the attribution of effects or properties which a foodstuff
does not show,
(c)) by invoking the impression that food show a particular characteristic
properties, when in fact, these properties have all the similar
food,
(d)) by assigning a food's ability to prevent, treat or
treat human disease or reference to such capabilities; This does not apply
for mineral water and for food under special laws
^ 23) provisions for special diets.
§ 5e
(1) the advertising of infant formula ^ 24) must contain only
Scientific and factually correct information, may be placed only in publications
focusing on the care of infants and in scientific publications, and must not lead to
the conclusion that infant formula is equivalent to breast milk
or is it better.
(2) in the stores is prohibited advertising that is capable of igniting
the general public to buy infant formula, in particular
by handing out samples, in a special way the issuance, referring to the discount or
a special advantage.
(3) manufacturers and retailers of infant formulae shall be prohibited
to pass on to the public free of charge or with discounts, samples or products
donations to support the sale. The ban in the first sentence shall also apply to
forwarding of products with discounts, samples or other promotional gifts
pregnant women, mothers or members of their families to the public; the prohibition referred to in
the first sentence shall not apply to the provision of the gifts or discounts
health care, charitable or humanitarian institutions for their
internal use, or for distribution outside of these institutions and organizations.
§ 5f
(1) the advertising of infant formulae and follow-on ^ 25) baby food
and) must contain the necessary information about the correct use of the product and must not be
Act against breast-feeding;
(b)) must not contain the concept as the "humanized" or "maternizované" or
a similar expression, giving rise to the impression that fully replaces the natural
breastfeeding.
(2) the advertising of infant formula
and must contain clear text): "important notice" indicating
prefer breastfeeding and recommending that the product was used only on the advice of
independent experts in the field of medicine, food or drugs or other
people professionally involved in the care of infants and young children,
(b)) must not contain a representation of the infant or another image, or claim,
that could idealize breast milk replacement. However, it may
contain a graphic representation for easy identification of the product and for the
illustration of the method of preparation.
(3) the advertising of infant formulae and follow-on formulae, focused on
pregnant women and mothers of young children, must always include a clear
the information contained in specific legislation. ^ 26)
16) § 2 (b). and) Act No. 167/1998 Coll., on addictive substances and amending
some other laws.
17) section 652 of the Act No. 513/1991 Coll., as amended by Act No. 366/2000 Coll.
18) section 13 of Act No. 22/1997 Coll., on technical requirements for products and
amending and supplementing certain acts, as amended by law No 71/2000 Sb.
19), for example, Act No. 22/1997 Coll., as amended,
Government Regulation No. 181/2001 Coll., laying down technical requirements
for medical devices, as amended by Decree-Law No 336/2001 Coll., and
Decree-Law No 192/2001 Coll., laying down technical requirements
on active implantable medical devices, as amended by regulation
Government no 337/2001 Sb.
20) § 15 para. 5 and 6 of Act No. 48/1997 Coll., on public health
insurance and amending and supplementing certain related laws.
21) Decree No. 77/1981 Coll. on health care workers and other
professional workers in the health sector.
22) § 2 (b). and) Act No. 110/1997 Coll., as amended by Act No. 308/2000
SB.
23) Decree No. 23/2001 Coll., laying down the types of foods intended
for particular nutritional uses and how to use them. Decree No. 292/1997 Coll.
about the requirements for the health of the bottled water and how to
editing, as amended.
24) § 4 paragraph 2. 1 (b). (c)) Decree No. 23/2001 Sb.
25) § 4 paragraph 2. 1 (b). d) Decree No. 23/2001 Sb.
26) paragraph 6 of Act No. 110/1997 Coll., as amended. § 6
Decree No. 23/2001 Coll. ".
8. § 6 including title and footnotes # 27):
"section 6
Firearms and ammunition
Advertising on firearms and ammunition ^ 27) may be propagated only
and) experts and entrepreneurs in the field of production and sales of firearms
weapons and ammunition,
(b)) in the premises, in which firearms or ammunition is manufactured,
provides, sells, uses, and exhibits or in which the conclusion
contracts for the supply of firearms and ammunition,
(c)) in trade publications and periodic tisku2) focused generally on the
the issue of firearms and ammunition and other printed
materials for dealers and holders of firearms and
ammunition.
27) Act No 288/1995 Coll., on firearms and ammunition (law on
firearms), as amended. ".
9. in section 6a, the following new paragraph 6b is inserted:
"§ 6b
(1) the processor is responsible for ad content in its entirety, if it was
processed for its own use. If you were processed for
the needs of the other legal or natural person, shall be responsible for compliance with the
by law, the processor and the sponsor jointly and severally, unless
unless otherwise provided for.
(2) the Propagator is responsible for the way the dissemination of advertisements under this Act.
The propagator is obliged to notify the person who can prove a legitimate interest in who is
the sponsor and the processor of ads.
(3) the sponsor shall be relieved of liability for the content of advertising that is distributed
in violation of the law, if he proves that the processor has not complied with its
the processing of its instructions, and as a result, the content of this advertising in
violation of the law. The processor is unable to waive liability for
content distributed by the ads, referring to her award by the contracting authority, unless the
It was the details, whose truthfulness is not able to assess even with
by expending all efforts.
(4) the recipient of the contribution referred to in section 1 (1). 3 is responsible for its use in the
accordance with this Act. ".
10. section 7, including the footnotes # 28) to 32):
"section 7 of the
The authority competent to exercise supervision over compliance with this Act (hereinafter
"the supervisory authority"), it is
and) the Council for radio and television broadcast ad ^ 28) licensed in
radio and television broadcasting and for sponsorship in broadcasting
television broadcasting,
(b)) the State Institute for drug control ^ 29) for the advertising of medicinal products for
products and sponsoring in this area, except for the scope of
letters and)
(c) the Ministry of health) ^ 30) for advertising on health care
resources and sponsorship in this area, except for the scope of
letters and)
(d)) business district offices ^ 31) seat ^ 32) or
of residence of the persons responsible for compliance with this Act in the other
cases. If a person responsible for compliance with this Act
a foreign person is subject to the jurisdiction of the Trades Licensing Office locations
organizational folder foreign persons in the territory of the Czech Republic; If he does not
a foreign natural person on the territory of the Czech Republic services set up organizational
the folder is governed by the local jurisdiction of the Trades Licensing Office place
authorised stay in the territory of the Czech Republic; If the foreign natural
person in the territory of the Czech Republic or organizational folder or not
permitted residence, the local jurisdiction is governed by the Trade Office place
podnikání32) of this person on the territory of the Czech Republic.
28) Act No. 231/2001 Coll., on radio and television
broadcast and amending other laws.
29) section 9 of Act No. 79/1997 Coll., as amended.
30) § 38 (a). d) point 3 of Act No. 121/2000 Coll.
31) Law No 566/1991 Coll., on professional offices, as
amended.
32) § 2 (2). 3 of the Act No. 513/1991 Coll., as amended. ".
11. in paragraph 7 the following new section 7a and 7b, which including the footnotes
No 33) shall be added:
"§ 7a
(1) the processor is obliged to keep the sample ads (copy) of each
ads for at least 12 months from the date on which the advertisement was last
disseminated. In the event that the administrative procedure was initiated ^ 33) under this
the law before the expiry of the period referred to in the first sentence, the processor is
ads shall keep the demo (a copy of) advertising, which is the subject
the administrative procedure, until the final decision in the case. To the written
request free of charge, rent is obliged at the time required a copy of the
advertising to the supervisory authorities.
(2) the advertiser is obliged to challenge the supervisory authorities for the purposes of
administrative proceedings under this Act to communicate without undue delay
details of the propagator of the processor specified by him and ads.
(3) the processor is obliged to challenge ads of the supervisory authorities for the purposes of
administrative proceedings under this Act to communicate without undue delay
information about advertisers and a propagator of ads, if he is known.
(4) a purveyor of ads is obliged to challenge the supervisory authorities for the purposes of
administrative proceedings under this Act to communicate without undue delay
details of the person who spread the ads ordered.
(5) the obligations referred to in paragraphs 1 to 4 shall also apply to processors,
the contracting authority and the cheerleader of teleshopping.
section 7b
(1) in determining whether advertising is misleading, the supervisory authority shall take into account
all its features, and in particular information which it contains, and
It assesses the
and the characteristics of the goods or services), to which the advertisement relates, in particular,
their availability, performance, origin, method of use, suitability for
the use of the results that can be expected from the use of, and results of tests
or checks carried out on the goods or services,
(b)) the price or the manner in which the price is calculated, and the conditions under which it is
goods are supplied or the services provided,
(c)) the characteristics and evaluation of the advertiser, in particular its
qualifications held by industrial and other rights, and his awards on the
exhibitions and competitions.
(2) the supervisory authority shall be entitled to require the advertiser by
paragraph 1 to submit the evidence to the accuracy of factual claims in advertising,
If such a requirement is proportionate having regard to the circumstances of the case or on the
the legitimate interest of the advertiser or any other person.
(3) the supervisory authority may consider the claim in the ad as inaccurate
If the evidence required in paragraph 2 have not been supplied within the
the prescribed time limit, or the extent strictly necessary.
(4) against the decision of the supervisory authority under this Act may be made
an appeal to the Court within 30 days from the date of notification of the decision.
33) Act No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by
amended. ".
12. In section 8 paragraph 1 reads:
"(1) the supervisory authority shall impose, unless otherwise provided by special law to the contrary,
and the sponsor) processors or by advertising which is in violation of
by law, a fine up to Czk 2 000 000 according to the gravity of the infringement
obligations, even repeatedly,
(b)) to the contracting authority, processors or by ads for breach of
the provisions on the prohibition of advertisements based on the podprahovém perception according to § 2
paragraph. 1 (b). (b) a fine of $ 2 000 000) to 5 000 000 CZK
(c)) to the contracting authority, processors and a propagator of advertising that is misleading according to the
§ 2 (2). 1 (b). (c)), a fine up to Czk 10 000 000 according to the severity,
and even repeatedly,
d) legal or natural person who has infringed the conditions for
sponsoring established by this Act, a fine of up to $ 2 000 000
e) natural or legal person who has failed to fulfil an obligation under section 7a
paragraph. 1 to 4, a fine up to Czk 500 000,
(f)) to another person that infringed the conditions laid down in this Act, a fine
up to 100 000 CZK. ".
13. In section 8 shall be inserted after paragraph 1 the following paragraphs 2, 3 and 4, which
shall be added:
"(2) the supervisory authority may order the removal or termination of advertising that
is in conflict with the law, and specify an appropriate time limit to do so.
(3) the supervisory authority may decision under paragraphs 1 and 2, in an appropriate manner
disclose to the public.
(4) in determining the amount of the fine to take account in particular of the seriousness, the way
the duration and consequences of the offence. ".
Paragraphs 2, 3 and 4 shall become paragraphs 5, 6 and 7.
14. in § 8 para. 6 the second sentence reads as follows:
"The fine levied, the supervisory authority, that it has saved, and enforced the territorial financial
authority ^ 34) under special legislation. ^ 35) ".
"34) Law No 530/1990 Coll. on territorial tax authorities, as amended by
amended.
35) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended. ".
15. In § 8 para. 7, the words "may request" shall be replaced by the words "in
doubts will require ".
16. in paragraph 8, the following paragraph 8a is inserted:
"§ 8a
Unless this Act provides otherwise, shall apply to proceedings relating to
governed by this law the administrative code 33) ".
PART TWO
cancelled
Article II
cancelled
PART THREE
TRANSITIONAL PROVISIONS
Article. (III)
1. the proceedings initiated before the date of entry into force of this law shall be completed
According to the existing legislation.
2. advertising created or disseminated on the basis of contracts concluded before the date of
entry into force of this law shall be assessed for a period of 2 years from the date of acquisition
the effectiveness of this law in accordance with the existing legislation.
PART FOUR
The EFFECTIVENESS of the
Article IV
This Act shall take effect on 1 January 2000. June 2002.
Klaus r.
Havel, v. r.
in the financial times in the r..
