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723-I 25.12.1998
Act has lost its force 09.09.2022
Unofficial translation
Law of the Republic of Uzbekistan
On advertising
Comments by LexUz
This Law will become invalid from September 9, 2022 in accordance with the Law of the Republic of Uzbekistan
dated June 7, 2022 No. L
RU-776 “On Advertising”.
Article 1. Purpose and objectives of this Law
The purpose of this Law is to regulate relations connected with the production and dissemination of advertising.
The main objectives of this Law are:
formation of the information flow about legal entities and physical persons or products;
improvement of entrepreneurial and consumer culture;
provision of protective measures against advertising encroachment on state and public interests, generally accepted standards of morality and ethics, business reputation of legal entities and physical persons, and the state of the environment;
preventing the dissemination through advertising of false or inaccurate information that can mislead consumers about the nature, method and place of manufacture, consumer properties, quality and other characteristics of products, conditions for its implementation.
Article 2. The scope of this Law
This Law shall apply to relations connected with the production and dissemination of advertising in the territory of the Republic of Uzbekistan.
This Law shall not apply to relations connected with information reflecting and (or) intended to support social events, interests of political parties, religious organizations and public associations.
Article 3. Legislation on advertising
The legislation on advertising consists of this Law and other legislative acts.
Relations in the field of advertising in the Republic of Karakalpakstan are also regulated by the legislation of the Republic of Karakalpakstan.
If an international treaty of the Republic of Uzbekistan establishes other rules than those established in the legislation of the Republic of Uzbekistan on advertising, the rules of the international treaty shall apply.
Article 4. Basic concepts
The following basic concepts are applied in this Law:
advertising — special information on a legal entities or physical persons, products, including a trademark, service mark and technology that is disseminated in accordance with legislation in any form and by any means, for the purpose of directly or indirectly receiving profit (income);
advertiser — a person who is a customer of advertising for its production and (or) dissemination;
advertising producer — a person who carries out fully or partially the production of advertising;
advertising disseminator — a person carries out the dissemination of advertising by advertising means;
consumer of advertising — a person or a group of persons on whom advertising is directed
advertising means — means used to bring advertising to its consumer
products — goods, work, services
counter-advertising — a refutation disseminated in order to eliminate the consequences caused by of false advertising (unscrupulous, knowingly false) or may lead to them.
Article 5. Language of Advertising
On the territory of the Republic of Uzbekistan advertising is disseminated in the state language of the Republic of Uzbekistan or, at the request of the advertiser, in other languages. Trademarks (service marks) registered in the established order, syllable letters in a print way (logos) may be reflected in the original language.
Article 6. Basic requirements for advertising
The main requirements for advertising are legitimacy, accuracy, reliability, use of forms and means that do not cause losses to the consumer of advertising, as well as moral damage.
In advertising is prohibited:
to disseminate information about product, the production or sale of which is prohibited by law;
discrimination on the basis of gender, race, nationality, language, religion, social origin, belief, personal and social status, other circumstances, or discredit the products of other persons;
to agitate for actions that may lead to violation of the law, cause or may cause harm to the life or health of citizens and the environment, as well as induce to neglect the security means;
to advertise products that are subject to mandatory certification or the production or sale of which requires a special permit (license), in the absence of an appropriate certificate or license;
to imitate (copy or assimilation) common solution, text, photo, music or sound melody used in advertising other products, unless otherwise provided by the legislation of copyright and related rights;
to use the name or photo of an physical person without his consent;
to disseminate pornography.
to use foreign words and expressions that may lead to a distortion of the meaning of information;
to demonstrate that products are approved by government agencies or their officials;
to advertise a promotional lottery, competition, game or other similar, with the terms of participation in which is the purchase of certain products, without specifying the organizer of the arrangement, the rules and time, the information source about such arrangement, the number of prizes or winnings, the time, place and order of them receiving;
to advertise products under the view of advertising of other products, the trademark or service mark of which is identical or confusingly similar to the trademark or service mark of products whose advertising is prohibited or in relation to which relevant restrictions or requirements are established.
Article 7. Restriction of advertising designed for minors
The following advertising is prohibited:
advertising reflected images of minors consuming or using products intended only for adults, or prohibited for minors to acquire or consume;
advertising agitating minors to purchase products or appeals to third parties with a request to purchase advertised products;
advertising using real or toy weapons.
Article 8. Rights and obligations of advertiser
Advertiser has the right to:
initiate public offer to conclude an agreement on advertising;
to appeal to the court with a claim for damages and moral damage in cases of unjustified termination of the contract by the advertising producer and disseminator.
Advertiser must:
submit documents confirming of the authenticity of advertising information at the request of the advertising producer and disseminator;
to submit the respective license when advertising products or advertiser, if the activity of advertiser is subject to licensing.
Advertiser may have other rights and exercise other obligations in accordance with legislation.
Article 9. Rights and obligations of the advertising producer and disseminator
The advertising producer and disseminator have the right to:
apply to the court with the requirement of forcing to make a contract and compensation for damages caused by the advertiser’s unjustified refusal to make a contract in cases where the advertiser refuses to make a contract after the acceptance of the person to whom the public offer is received in the established manner;
demand from the advertiser the respective license in cases established by legislation.
The advertising producer and disseminator must:
follow the rules of advertising and sponsorship established by this law;
not to disclose data about the person who submitted the information or other materials without his consent;
notify the advertiser on time if the advertiser submits information that may lead to violation of legislation.
The advertising producer and disseminator may have other rights and exercise other obligations in accordance with legislation.
Article 10. Copyright for advertising
The regulation of copyright and related rights for advertising is carried out in accordance with legislation.
Article 11. Identification of advertising
Advertising must be distinguished from other information in that level it may be identified as advertising, regardless of the form or means of dissemination.
Advertising on television and radio should be distinguished from other programs at its beginning and at the end with the help of audio, video, mixed means or comments of presenters.
Information material, author's and editorial material that deliberately attracts the attention of consumers to a specific brand (model, type) of a product or its manufacturer to generate interest and promote product sales, as well as containing the data of the person producing or disseminating this product is considered an advertisement and should be placed under the heading “Advertising” or “On basis of advertising rights”.
Article 12. Sponsorship
Sponsors can participate in the creation of television and radio programs, the preparation of materials for other mass media, the organization of theatrical and concert, sports and other events.
In the case when advertising is related to television and radio, audiovisual products and sponsorship services are used, information about sponsors should be briefly and clearly indicated at the beginning and end of the program. Next to the name of the sponsor or instead of him may be his trademark (service mark).
The use of sponsors' services is not allowed in television news broadcasts.
The sponsor has no right to interfere in the activities of the sponsored person.
Article 13. Unreliable advertising
The advertising, which as a result of inaccuracy, two different meanings, exaggeration, hiding, violation of the requirements regarding time, place and method of dissemination and other requirements stipulated by legislation, mislead or may mislead consumers of advertising, cause damage and moral damage to persons, as well as to the state is considered as unreliable (unscrupulous, knowingly false) advertising.
Unreliable advertising is prohibited.
The decision to recognize advertising as unreliable is taken by the State Committee of the Republic of Uzbekistan for promotion of privatized enterprises and development of competition or its territorial bodies (hereinafter referred to as the authorized state body).
Article 14. Hidden Advertising
Hidden advertising — advertising, which has an unknowable impact on the perception of the consumer, including through the use of special video apps (double sound recording) and in other ways.
Use advertising in radio, television, video, audio and film production, as well as in other products and the dissemination of hidden advertising by other means is not allowed.
The decision to recognize advertising as hidden is taken by the authorized state body in the manner established by legislation.
Article 15. Comparative advertising
Comparative advertising is advertising that directly or indirectly is identified to a competitor or specific kind of products of offered by a competitor.
Comparative advertising is allowed if it objectively and conscientiously compares the material, significant, reliable properties of products, if the advertising does not mislead and may not mislead the consumer of advertising, does not confuse the identity of the advertiser and competitor or trademarks (service marks), company name, products of the advertiser and the competitor and does not discredit, does not undermine the business reputation of a competitor or its trademark (service mark), company name, products or activities.
Article 16. Social advertising information
Social advertising information — information on health issues, environmental protection, energy conservation, crime prevention, social protection and public safety, spirituality and enlightenment, as well as other non-commercial information.
The activities of persons in the production and dissemination of social advertising information free of charge, the transfer of their property (including monetary funds) to other persons for the production and dissemination of social advertising information is recognized as charitable. Such persons enjoy the benefits provided by law.
Distributors of advertising are obliged to place social advertising information in the amount of not less than 5 percent of the total annual volume of airtime, print or advertising space allocated for advertising. At the same time, advertising disseminators, whose activities are fully or partially financed by the State Budget of the Republic of Uzbekistan, place social advertising information for free.
Article 17. Advertising on television and radio
The broadcasting time allocated for advertising for broadcasting organizations may not exceed 10 percent for each hour of broadcasting. This requirement does not apply to specialized advertising channels.
Broadcasts of concert, entertainment and sports programs, cinema and television films lasting more than 45 minutes can be interrupted for advertising no more than once in a full 45-minute period of time. Advertising can also be placed before and / or after the end of these programs. TV and radio broadcasts lasting less than 10 minutes cannot be combined with advertising, and more than 10 minutes cannot be combined with the copyright holder of the broadcasting program.
It is prohibited to interrupt, for the purpose of advertising, the broadcast of government events and ceremonies.
Advertising in programs intended for children (up to fourteen years) audience is prohibited. This prohibition does not apply to social advertising information.
It is forbidden to increase the sound volume of advertising screensavers relative to the volume of the television and radio broadcasting itself.
It is forbidden to use a movable lines for the purposes of broadcasting television programs for advertising purposes, except during the broadcasting of the advertisement itself.
The presenters, announcers, and other participants of the telecast outside the time limit for advertising do not have the right to specifically demonstrate products or characterize its consumer qualities, either directly or indirectly.
Employees of television and radio are prohibited to engage in advertising under the guise of information: indicate the details of the manufacturer of the product, address, contact telephone number, trademarks of the product.
Article 18. Advertising in print media
The scale of advertising, its subject matter in the print media is determined by these media independently. Print media distributed by subscription must indicate in the subscription terms the amount of advertising in the total scale of the publication.
In periodical print media that do not specialize in messages and advertising materials, advertising should not exceed 40 percent of the scale of a single periodical, the remaining advertising should be in the form of a free appendix.
Article 19. Advertising using telephone and documentary electricity telecommunications
Advertising using telex and facsimile communication in the absence of a special request from the recipient is allowed in the form of a one-time mailing of no more than one page to one address.
Advertising services provided using local, long-distance or international telephone communication, when distributed in advertising media must contain accurate information:
about the paid or free nature of the service and its cost;
about the content of the proposed service;
age and other restrictions established by law and the manufacturer of the service in relation to the range of consumers;
about the paid use of the telephone channel and the cost of 1 minute of its use to receive the service in the respective region.
The information listed in the
part two
of this article should be printed in a font of at least half the size of the font with which the telephone number used to provide the advertising service is dialed.
The use of free-of-charge telephone numbers of internal affairs agencies, ambulance, fire brigade and other similar services for the dissemination of advertising is prohibited.
Article 20. External advertising
External advertising includes advertising placed on individual special structures, billboards, screens, buildings, structures, roadsides and pylons of street lighting and etc.
The procedure for placing external advertising is established by the state authorities in the field within their jurisdiction.
Information about the person placed on the façade (front of the building), near the entrance, or with its products in the window of the building in which this person occupies the room, is not advertising and does not need to receive permission from the local government authorities.
Placement of external advertising on street lighting pylons and over the carriageway of streets and roads is carried out in compliance with safety regulations and ensuring visibility of traffic signs, traffic lights, intersections, pedestrian crossings, public transport stops, and provided that such advertising does not repeat or does not imitate the image of road signs.
Placement of external advertising within environmental protection facilities is permitted by agreement with local government authorities or relevant government authorities within their jurisdiction.
It is forbidden to place external advertising on objects of tangible cultural heritage, road signs and traffic lights, on their pillars or on any other device designed to regulate traffic, as well as by destroying green spaces and disturbing the elements of improvement of the adjacent territory.
Article 21. Advertising on transport and mailings
Advertising can be placed on vehicles, including in the subway, only in agreement with their owners and in accordance with the requirements of safety and traffic regulations.
It is prohibited to distribute advertisements via sound networks to alert passengers in public vehicles, at subway stations, train stations, ports and airports, with the exception of social advertising information.
Distribution of advertising on mailings is carried out in the prescribed manner on a contractual basis.
Article 22. Advertising of medicines, cosmetics and household chemicals
Advertising of medicines should contain:
the full (including international pharmacological) name of the medicinal product and the name of the manufacturer;
information on the use or application of the medicines.
It is forbidden to advertise medicines:
distributed only on prescription by a doctor;
containing narcotic drugs and (or) psychotropic substances;
not allowed for medical use in the Republic of Uzbekistan.
Without the permission of the Ministry of Health of the Republic of Uzbekistan advertising of medicines for minors is not allowed.
Advertising of cosmetics, household chemicals, food products, vitamin and biologically active food additives is prohibited without the express permission of the relevant state bodies for their use and sale.
The provisions of this article do not apply to advertising intended for medical institutions and medical workers. The procedure for advertising of medicinal products intended for medical institutions and medical workers is determined by the Ministry of Health of the Republic of Uzbekistan.
Article 22
1
. Energy drinks advertising
Advertising energy drinks should contain a warning about the dangers of excessive consumption of such drinks, as well as information about persons to whom they are not recommended.
Advertising energy drinks should not demonstrate the processes of consumption of beverages, create the impression that these processes are important for achieving social and sports success or improving the physical and mental state of consumers.
It is prohibited:
advertising of energy drinks on television and radio from 7-00 to 22-00;
gratuitous distribution of samples of energy drinks in order to advertise among persons under eighteen years of age;
sponsoring events designed primarily for persons under eighteen years of age, if this uses the name, trademark or image of energy drinks;
distribution, including the sale of goods (T-shirts, hats, games and etc.), among persons under the age of eighteen years, using the name, trademark or image of energy drinks;
advertising of energy drinks in print publications, intended primarily for children and adolescents, as well as in medical, sports and educational institutions.
Article 23. Advertising of tobacco, tobacco products and alcoholic beverages
Advertising of tobacco, tobacco products and alcoholic beverages of any strength is prohibited, including:
gratuitous distribution of samples of tobacco, tobacco products and alcoholic beverages;
sponsoring events that use the name, trademark or image of tobacco, tobacco products or alcoholic beverages;
distribution, including sale of goods (T-shirts, hats, games and etc.) using the name, trademark of tobacco, tobacco products and alcoholic beverages;
the establishment of images, names and other information about tobacco, tobacco products and alcoholic beverages on the facade, entrance, shop windows, portable objects and other places of shopping facilities.
Article 24. Advertising of weapons
Advertising of weapons is carried out only in specialized publications, as well as directly in the premises of trade organizations that sell hunting weapons, or at relevant exhibitions (events).
Article 25. Advertising of securities and services related to attracting public funds
Advertising of securities and services related to attracting public funds (banking, insurance, etc.), or persons providing these services, is possible only if there is an appropriate license confirming the right to carry out this type of activity. In advertising such services or persons providing them, it is prohibited to report the size of the expected income, as well as other information about future profits (income), except for actually paid for at least one year.
The regulation of relations arising from the advertising of securities and services related to attracting public funds is carried out in the manner prescribed by law.
Article 26. Terms of storage of advertising materials
Advertiser, producer and distributor of advertising are obliged to keep advertising materials for one year from the date of the last publication (demonstrated) of advertising.
Article 27. Access to documents and materials of advertising information
The advertiser, producer and distributor of advertising at the request of the authorized state body, are obliged to submit documents and materials of advertising information within the period specified by him/her.
Officials of the authorized state body shall be granted the right of unhindered access to advertising documents and materials of advertisers, producers and disseminators of advertising.
Information constituting a commercial secret and obtained by the deceitful persons specified in part two of this article shall not be disclosed.
In the event of disclosure by officials of the authorized state body of information constituting a commercial secret, losses, as well as moral damage caused to the advertiser, producer and disseminator of advertising, shall be reimbursed in accordance with the procedure established by law.
Article 28. Counter-advertising
If the authorized state bodies establish a violation of the advertising legislation, the violator is obliged by counter to these bodies and within the period indicated by them to carry out counter advertising. Counter-advertising can also be carried out voluntarily or by court order. All expenses for the implementation of counter-advertising incurred by the offender.
If the violator of counter-advertising is not carried out within the period specified by the body that monitors compliance with the legislation on advertising, the latter has the right to decide whether to fully or partially suspend the advertisement of the violator until it carries out counter-advertising and notify the parties that have entered into an agreement with the violator of the advertising legislation.
Counter-advertising is carried out in the same media, using the same duration, space, place and order as the refuted advertising.
The content of counter-advertising is coordinated with the relevant state body that established the fact of the violation and decided to correct it. In exceptional cases, by decision of this body, the replacement of the mass media, the duration, place and procedure for the implementation of counter-advertising may be allowed.
Article 29. Responsibility for violation of advertising legislation
Persons guilty of violating advertising legislation are liable in accordance with the established procedure.
The advertiser is liable for violation of advertising legislation regarding the content of information provided for the production of advertising, unless it is proved that the violation was caused by the manufacturer of the advertisement or disseminator of advertising.
The advertising producer is liable for violation of advertising legislation regarding the production of advertising.
The disseminator of advertising is liable for violation of the legislation on advertising in terms of time, place and means of dissemination of advertising.
For inaccurate advertising, refusal of counter-advertising, advertising of products, advertising of which is prohibited by law, untimely execution of the order to cease violation of advertising legislation, failure to comply with the procedure for placing external advertising, failure to submit documents and materials of advertising information to the authorized state body or submission of false information, advertisers, advertising producers and disseminators of advertising - legal entities, advertisers, advertising producers and disseminators of advertising - physical persons shall be involved in administrative responsibility.
The application of the administrative penalty does not relieve advertisers, advertising producers and disseminators of advertising from the obligation to execute the decision or order of the authorized state body or to perform other actions stipulated by the legislation on advertising.
Article 30. Settlement of disputes
Disputes arising in the process of production and dissemination of advertising are resolved in court.
President of the Republic of Uzbekistan I. KARIMOV
Tashkent city,
December 25, 1998,
No. 723-I
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