The new General Advertising Law of Angola was published under number 9/17 on 13 March and, while maintaining the structure of the previous Law no. 9/02, Of 30 July, modernizes it by introducing innovative regulations and prohibitions, while establishing an objective punitive framework.
This new law prohibits any form of advertising of tobacco and any narcotics, as well as pornography, and, in the field of protection of minors, any toys or artifacts directed at them which represent lethal weapons, military and related artifacts that may influence violent acts.
On the other hand, the new Law introduces the obligation to introduce different notices, in the context of advertising for alcoholic beverages (regarding the need for moderation in their consumption), motor vehicles (for consumption and emissions), games of fortune and chance (about their dangers and minimum age); as well as the need for prior authorization of the advertising of non-prescription medicines.
As far as advertising for alcoholic beverages is concerned, we find even greater limitations on its exposure, notably by increasing its hourly ban from 6 am to 12 noon, from 7 am to 9 pm, as well as an increased geographical limitation, prohibiting it within a 300 meter perimeter of educational institutions , Hospitals, charities, cemeteries, churches or similar; And there remains an existing limitation of the possibility that alcoholic producers who sponsor events may only promote the name or brand of the products (and not other characteristics or promotions).
A more extensive regulation on gambling advertising is introduced, extending regulation not only to mandatory warnings, but also to content.
At the same time, the Law shows a new concern regarding the standards of consumer safety, the environment and the Angolan cultural heritage, which, in addition to correcting a flagrant mistake that was verified in the old article 17, paragraph 2 , emerges along various aspects of the Law, and a prohibition of any kind of discriminatory message is reinforced.
Radio and television advertising content benefits from a significant liberalization, which can now reach from 20% to 35% (a ten-fold increase) of broadcasting time on public and commercial radios, respectively, and from 20% to 30% (which doubles), of the broadcasting time of public and private television.
Finally, with regard to door-to-door advertising, the possibility of the recipients expressing their desire not to receive it through appropriate signs is established.
On the other hand, there is a reinforcement of a protectionist component of internal advertising agents, clearly manifested in article 43, which imposes the obligation of any entity present in Angolan territory (in particular the State), of contracting Angolan based advertising agencies, which in any case always concentrate the monopoly of the transmission of advertising messages to media.
It seems to be intended to reinforce the representativeness of the existing Advertising Council, an advertising advisory and pedagogical body, which grows from 10 to 18 members, namely through the addition of one more representative of the Advertising and Marketing Associations and the Increase of representatives of civic associations, from 1 to 4 members, now distributed, by the Youth, Social Action, Family and Environmental Protection sectors, while excluding the specific representation of journalist professionals, which existed in prior law.
A new set of fines is set, ranging from AKZ 200,000.00 to AKZ 2,500,000.00, and it is understood that there is joint responsibility between the advertisers, the producers, the agencies and the holders of the media for the infractions committed, as well as for the damages caused, and lack of prior knowledge of the advertising message no longer constitutes a justifying cause. As a matter of curiosity, it should be noted that of the proceeds of these fines, 30% is allocated to training institutions for advertising professionals. We note, however, that a mistake as to the numeration of the violated norms seems to exist, which, left uncorrected, will most certainly give cause to uncertainty as to the applicable penalties.