Advertising Law Singapore

Advertising Law Singapore

In addition to ALEPC, advertising in certain sectors is also governed by sector laws that contain prohibitions similar to those of the CPFTA against false or misleading advertising. Examples of industry-specific laws are the Cinema Act (Chapter 107), which regulates the advertising of films; and the Building Control Act (Chapter 29), which regulates outdoor advertising. The boundaries of legality often blur in the world of advertising. As you can see, advertisers could end up receiving an injunction. It is advisable to consult a lawyer if you have any doubts about the legality of a complaint. As an extension of the SCAP, the social media guidelines refer to advertising and marketing communication via social media. Here are some key principles of the Social Media Guidelines: All marketing communications should be marked as such and distinguished from editorial or personal opinions; Disclosures in marketing communications should be simple and direct; and marketers should not increase their users` engagement or social media channel through fraudulent means (for example, buying “likes” en masse). This article describes the important points of product promotion in Singapore, especially products related to COVID-19 during the pandemic. Therefore, the effectiveness of SCAP in eradicating unacceptable advertising practices may be limited, especially with the advent of social media in the new era of advertising. Companies have recognized the power of social media by using it as an extremely lucrative advertising platform. For example, Facebook alone has 2.38 billion monthly active users and if it were a real, physical nation, it would be the most populous nation on the planet. As a result, policies for monitoring non-digital advertising practices may no longer apply to social media advertising. In addition to the social media gap in advertising practice, companies can indeed use the brand names of other competitors in their ads in the name of comparative advertising.

Section 1.3 of the CAPS promotes fair competition between businesses. So, if companies proceed with caution, they can use their competitor`s name in their ads and avoid having to remove their own ad. However, this does not mean that all forms of advertising practice will be tolerated. Advertising consumers and advertisers themselves act as the main advertisers of advertising in Singapore, especially since the SCAP aims to promote self-regulation in advertising practice. ASAS handles complaints against companies for engaging in advertising practices that violate the CAPS. If necessary, a serious form of sanction applied by the ASAS is “adverse publicity” in which the details of the results of the investigations it conducts are made public, identifying those who have violated the SCAP[1]. Nevertheless, this sanction only applies in rare cases, as companies have the opportunity to change offensive advertising. It should always be borne in mind that ASAS is not intended to serve as a clearinghouse for the approval of any advertising. [2] The primary responsibility for compliance with the SCAP rests with the advertiser. The SCAP is administered by the ASAS, which may impose sanctions such as withholding advertising space or time for advertisers and removing commercial privileges from advertising agencies. If ASAS is informed of a potentially false and misleading advertisement, it may require the marketer to prove its claims and remove its ads.

An example of an advertising statement that has been investigated by ASAS during this pandemic period is a clip-on plate touted to provide wearers with a 1-metre protective radius against disease and germs[3]. ASAS may also publish details about the results of the research it conducts, which can lead to unfavorable advertising for marketers. The Singapore Advertising Code of Practice (SCAP) is the guiding principle of ASAS. This code aims to promote a high ethical standard of advertising through industry self-regulation. The SCAP was formulated in the context of national law, international law and international practice, including the Code of Advertising and Marketing Communications published by the International Chamber of Commerce.

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