Ethiopian Federal Laws

A PROCLAMATION ON ADVERTISEMENT

WHEREAS, advertisement plays a significant role in the economic, social and political development of the country, by influencing the activities of the public in commodity exchange or service rendering;

WHEREAS, advertisement makes a significant contribution in establishing healthy market competition in the market-led economic system of the country;

WHEREAS, advertisement, if not regulated, may harm the rights and interest of the people and the image of the country;

WHEREAS, it is necessary to clearly define the rights and obligations of advertising agents, advertisement disseminators and advertisers;

NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

PART ONE
GENERAL PROVISIONS

1. Short Title

This Proclamation may be cited as the “Advertisement Proclamation No.759/2012”.

2. Definition

1. “advertisement” means a commercial advertisement which is disseminated through the means of advertisement dissemination to promote sales of goods or services or to publicize name, logo, trademark or objectives, and includes public and private advertisements;
2. “means of advertisement dissemination” includes the mass media, outdoor advertisement, telecom, postal, internet web site and fax services, cinema, film, video and any other related means of advertisement dissemination;
3. “public advertisement” means message in the public interest disseminated by the mass media;
4. “personal advertisement” means an advertisement advertised through the means of advertisement dissemination and it includes looking for missing person advertisement, condolence message, and other similar advertisement;
5. “advertising activity” means an activity that includes production and dissemination of advertisements, promotional services and other related activities;
6. “advertising agent” means a person who undertakes advertising activity;
7. “advertisement disseminator” means a person who disseminates advertisements through the use of means of advertisement dissemination by providing air time, column coverage or other related services;
8. “advertiser” means a person whose advertisement is advertised through the means of advertisement dissemination;
9. “mass media” includes print media and broadcasting services;
10. “print media” means any printed material which has a distribution aimed to reach the entire public or a section thereof such as a newspaper, magazine, advertisement book or yellow page, telephone directory or green page;
11. “broadcasting service” means a radio or television transmission service;
12. “outdoor advertisement” means any advertisement:
    1. disseminated by using billboard, electronic screen or moving picture;
    2. written or affixed to a building or any structure or transport vehicle;
    3. disseminated by using banner, poster, sticker, brochure, leaflets or flier;
    4. disseminated through audio cassette, loud speaker; or
    5. disseminated through any other related means of dissemination.
13. “sponsored program” means a program the transmission cost of which is either directly or indirectly paid or promised;
14. “sponsor” means a person who sponsors a program or a means of advertisement dissemination;
15. “infomercial” means an advertisement consuming more than two minutes, that is disseminated through a broadcasting service after being prepared in a program format so as to promote the product, service or similar message of the contracting party who agreed to pay to the broadcaster for such service;
16. “inserted advertisement” means an advertisement inserted with a program in the form of script, sound or image to promote indirectly the product, service or similar message of any person, from whom the broadcaster has earned money or obtained benefit;
17. “split-screen advertisement” means an advertisement displayed occasionally on the same screen adjacent to a program disseminated through television window or screen;
18. “counter advertisement” means an advertisement disseminated to counter wrong public opinion created by previously transmitted advertisement in breach of the provision of this Proclamation or to protect the rights of the victim of such violation;
19. “program” means voice or visual or audiovisual arrangement transmitted to inform, educate or entertain the public or an all inclusive transmission of a broadcasting service;
20. “news and current affairs program” means news, documentary, commentary, interpretation, feature or analysis transmitted through broadcasting service that has local, regional, national or international content and that relates to immediate political, economical or social issues;
21. “daily transmission time” means broadcasting service transmission in 24 hours starting from 6 a.m.;
22. “lottery” means any game or activity in which the prize winner is determined by chance, drawing of lots or any other means, and includes games and events listed by the relevant law;
23. “region” means any of the states referred to in Article 47(1) of the Constitution of the Federal Democratic Republic of Ethiopia and includes the Addis Ababa and Dire Dawa city administrations;
24. “Authority” means the Ethiopian Broadcasting Authority;
25. “person” means a physical or juridical person;
26. any expression in the masculine gender includes the feminine.

3. Scope of Application

1. advertising agent, advertisement disseminator and advertiser working within Ethiopia;
2. advertisement prepared and disseminated in Ethiopia;
3. advertisement disseminated through the internet website being designed in Ethiopia or abroad, by an organization established in Ethiopia or by a person who resides in Ethiopia;
4. advertisement disseminated through any foreign news paper or magazine imported and which focuses primarily on domestic issues; and
5. advertisement produced in Ethiopia primarily for local audience and disseminated from abroad by a foreign broadcasting entity.

PART TWO
UNDERTAKING ADVERTISING ACTIVITY

4. The Right to Undertake Advertisement Activity

1. Any Ethiopian national or a business organization established in accordance with the Ethiopian law and whose capital is not shared by foreign nationals, shall have the right to undertake advertising activity.
2. Notwithstanding sub-article (1) of this Article, any foreign national of Ethiopian origin shall have the right to engage in advertising activity.

5. Obtaining Advertising Business License

1. Any person who wants to engage in the activities of an advertising agent shall have to obtain an advertising business license from the appropriate governmental body.
2. Any advertisement disseminator who wants to engage in the production of advertisement shall have to obtain advertising business license from the appropriate governmental body.
3. Any mass media that engages in the production of advertisement shall conduct the advertising activity in a separate arrangement from its mass media activity.
4. Notwithstanding sub-article (1) and (2) of this Article, any person who wants to promote his product, service or other message, may prepare and disseminate his own advertisement or prepare and disseminate it through an advertisement disseminator, without required to have advertising business license. Provided, however, that he shall include his identity and address in the advertisement.
5. Any advertisement prepared abroad may be disseminated in Ethiopia through an advertising agent.
6. The appropriate governmental body that issue license pursuant to sub-article (1) and (2) of this Article shall transmit to the Authority information concerning the license holders by filling a form designed for such purpose.

PART THREE
ADVERTISEMENT IN GENERAL

6. Content and Presentation of Advertisement

1. Any advertisement shall, in its content and presentation:
   1. not be contrary to the law or moral;
   2. be free from misleading or unfair statements;
   3. respect the social and traditional values of the society and not infringe the legitimate interests of consumers;
   4. describe the true nature, use, quality and other similar information of the product or service intended to be promoted;
   5. not undermine the commodities or services of other persons;
   6. protect the dignity and interests of the country; and
   7. respect professional code of conduct.
2. Any advertisement disseminated through the mass media shall be presented in a manner that clearly differentiates it from other programs and may not affect the content of the programs.
3. Advertisement may not be prepared and disseminated in the form of news.
4. An advertising agent who designed and disseminated an advertisement to promote the goods, services or other related messages of any person may not advertise, within the next three months, similar goods, services or other related messages of another person by using the image or voice of the same advertising actor.
5. Laws issued to protect copyright and neighboring rights as well as inventions, minor inventions and industrial design patent shall be applicable with respect to advertisement service as appropriate.

7. Unlawful or Immoral Advertisement

1. advertisement that contains image, speech or comparisons that violates the dignity, liberty or equality of mankind in relation to language, gender, race, nation, nationality, profession, religion, belief, political or social status;
2. advertisement that violates the rules of good behavior or human dignity of individuals, nation, nationalities or peoples, and defames the reputation of an organization;
3. advertisement that undermine the national or regional state’s flag, emblem, national anthem or currency;
4. advertisement that undermine the dignity or emotional feeling of physically disabled person or a person living with HIV/AIDS or suffering from other disease;
5. advertisement that instigates chaos, violence, terror, conflict or fear among people;
6. advertisement that instigate an action that could endanger the physical or mental health and security of the people;
7. advertisement causing sound pollution through any sound magnifying machine, which does not comply with the sound limit set by the appropriate governmental body;
8. advertisement with obscene written message, image, picture, film or similar presentation;
9. advertisement using the name, image or photograph of a person without his consent, or artistic or creative works protected by the law without authorization by the concerned person;
10. advertisement contrary to traffic safety or environmental protection;
11. commercial advertisement presented by wearing defense force or police uniforms, decorations or insignia;
12. advertisement with content or presentation prohibited by other laws or that promotes the violation of any law

8. Misleading or Unfair Advertisement

1. advertisement that gives false information about the country or place of origin, date of production, nature, ingredients, weight, volume, use or acceptance by consumers of a product;
2. advertisement that gives false information about the price of goods or service including tax and other lawful fees or about obtaining copy right or patent right, quality and standard certification or prize from a recognized body or other related information;
3. advertisement presenting a product or a service beyond its real usage, quality, flavor, taste, ingredient, strength, durability or sufficiency;
4. advertisement promoting a product the expiry date of which is approaching or has already lapsed;
5. advertisement promoting a milk powder or similar meal as preferable or equivalent to breast feeding for children under the age of six months;
6. advertisement presenting the products or services of others as one’s own;
7. advertisement promoting a product or service contrary to the rules of fair trade competition by undermining those consumers who do not use the product or the service;
8. advertisement that undermines a product or service, or the capacity or reputation of a competitor by comparing and contrasting it with one's product or service, or that degrades local products or services with the aim of promoting preference to an imported product or service;
9. advertisement that mix local language with a foreign language unless a term taken from the foreign language has no equivalent in the local language;
10. advertisement that present goods or services that are not available in the market;
11. an ambiguous advertisement that confuses a product, service or a company with another product, service or company;
12. advertisement announcing the supply of a product or the provision of service freely or at a discounted price while the product is supplied or the service is rendered at its real price;
13. advertisement promising speculative dividend earnings of shares offered for sale;
14. advertisement promising the awarding of prizes or the provision of guarantees to consumers and fails to do so after the sale of products or services;
15. advertisement that presents research results or excerpts or quotations from scientific, technical or other publication as if they have relation with the promoted product or service;
16. an advertisement which uses false testimony;
17. advertisement containing superlatives such as "the first of its kind", "the only one", "for the first time", "never ever before", or "unparalleled", if it cannot be proved with evidence;
18. any other similar advertisement misleading or unfair with its content or presentation.

9. Advertisement Requiring Special Certification

1. Prior certification by the appropriate body shall be required in order to promote products or services that have to meet mandatory standard requirements.
2. An advertiser who is required to obtain a certificate of competence or a business license may not advertise its product or service without obtaining such certificate or license from the appropriate body.

10. Advertisements Affecting Minors

1. an advertisement that may harm the attitude, feeling or thinking of a minor;
2. an advertisement that may cause a minor to lose affection or trust in his family, guardian, tutor, teacher, society or country;
3. an advertisement that openly motivates a minor to require his parent, guardian, tutor or any other person to buy the advertised product or service;
4. an advertisement which directly or indirectly provides a misleading price and gives impression to a minor that the product or service advertised is affordable to any family;
5. an advertisement causing inferiority complex to a minor that did not buy the advertised product or service, by portraying that the one who does is better than the one who does not;
6. an advertisement that demonstrates, through mixing of sounds, writings and pictures, a minor while doing any action contrary to law or moral, or being in a dangerous situation or place;
7. an advertisement that uses a minor as an advertisement presenter or actor without the consent of his guardian or tutor; or
8. any other advertisement having similar content or presentation.

11. Herbicides or Pesticides Advertisement

1. shall provide clear and accurate information about their usage and the precautions to be taken during their usage;
2. may not be disseminated as the product is not totally poisonous and not harmful to health.

12. Lottery Advertisement

1. Any person who is not authorized by the law or a permission obtained from the appropriate government body to engage in a lottery business may not advertise a lottery.
2. Any lottery advertisement shall disclose:
   1. the name of the lot organizing person and that it has a legal permission;
   2. the amount of money or prize type to be awarded; and
   3. the date, time, and venue of lot casting

13. Public Advertisement

1. A public advertisement may not advertise a business activity, product, service or related message of any person.
2. The amount of money to be charged by an advertisement disseminator for public advertisement may not exceed that of commercial advertisement.
3. Any advertisement disseminator shall give priority to public advertisement than commercial advertisement, and disseminate it based on the choice of the advertiser.
4. If an advertisement disseminator fails, due to the priority given to a public advertisement, to disseminate another advertisement in accordance with a contract concluded with an advertising agent or an advertiser, it shall, in advance, inform the advertising agent or the advertiser.

14. Counter Advertisement

1. The advertiser, the advertising agent and the advertisement disseminator shall disseminate a counter advertisement in favour of the victim of any advertisement that breaches any of the provisions of this Proclamation.
2. Unless otherwise contrary evidence is presented, the advertiser, the advertising agent and the advertisement disseminator shall be jointly and severally liable to cover the cost of the counter advertisement.
3. A counter advertisement shall be arranged and disseminated in the same method, duration and place as the original advertisement was disseminated.
4. If it is found necessary, the Authority or other appropriate body may order a change on the method, duration and place of dissemination of the counter advertisement.

PART FOUR
SPONSORSHIP

15. Sponsored Program

1. The content or timetable of a sponsored program may not fall under the influence of the sponsor. In particular, a sponsored program may not agitate the sell or hire of the sponsor’s product or service.
2. A sponsored program may advertise or announce the name, objectives, service, goods and similar condition or acknowledgement of the sponsor at the beginning, break time or end of the program; however, notwithstanding to the provisions of Article 17(1) and Article 19 of this Proclamation, the time to be allocated for any advertisement including split-screen, and infomercial advertisement, the name, objective, service, goods and similar messages as well as, acknowledgement of a sponsor may not exceed 10 percent of the sponsored program.
3. Unless otherwise an agreement is concluded between the sponsor and the broadcaster, other commercial advertisement may not be disseminated in a sponsored program. When there are more than one sponsor, all of them shall give their consent.
4. A person who produces or sells a product or renders a service whose advertisement is prohibited or restricted under Article 25 and Article 26 of this Proclamation may not sponsor a means of advertisement dissemination subject to the prohibition.
5. Political and religious organizations may not be sponsors.
6. The provisions of this Article shall be applicable, as deemed appropriate, to sponsored advertisements disseminated through any means of advertisement dissemination.

16. Programs not to be Sponsored

1. Programs disseminating discussions of the House of Peoples’ Representatives, news programs and current affairs programs may not be sponsored.
2. Children's program may not be sponsored by a business organization.
3. Notwithstanding sub-article (1) of this Article, sport, meteorology and business news may be sponsored if they are presented separately from other news.

PART FIVE
ADVERTISEMENT DISSEMINATION THROUGH DIFFERENT MEANS OF DISSEMINATION

17. Advertisement Dissemination through Broadcasting Service

1. Unless it is broadcasting service station established for disseminating advertisement, the time to be allocated by a broadcasting service for any advertisement including split-screen, and infomercial advertisement, the name, objective, service, goods and similar messages as well as acknowledgement of a sponsor may not exceed:
   1. 20% of its daily or a particular program transmission time;
   2. 15% of a particular program having a transmission time of not more than one hour; or
   3. 12 minutes in a one-hour transmission time
2. Where a split-screen advertisement is disseminated:
   1. in the form of image or photograph, the space occupied by the advertisement may not exceed 15% of the total space covered by the television window or the screen frame; or
   2. in the form of readable moving line, the space occupied by the advertisement may not exceed 7% of the total space covered by the television window or the screen frame.
3. The following programs may not be interrupted by advertisement:
   1. discussion of the House of Peoples’ Representatives;
   2. children’s program;
   3. news or current affairs program;
   4. unless authorized by the copy right owner, music, drama or documentary film;
   5. any program the transmission time of which is not more than 20 minutes.
4. The same advertisement of a product or service may not be disseminated more than twice in a one-hour transmission time.
5. An inserted advertisement may not be included in any discussion of the House of Peoples’ Representatives, children’s program, news or current affairs program.

18. Infomercials

1. Any broadcasting service may disseminate infomercial.
2. Unless it is a broadcasting service established for disseminating advertisement, an infomercial shall have a title that clearly differentiates it from other programs.

19. Advertisement Dissemination through Community Broadcasting Service

1. 15% of its daily or a particular program transmission time; or
2. 9 minutes in a one-hour transmission time.

20. Advertisement Dissemination through Newspapers and Magazines

1. may not exceed 60% of the whole content of each edition;
2. shall appear under the title “advertisement” to distinguish them from the other materials of the periodical.

21. Outdoor Advertisement

1. No person, unless obtained a permit from the appropriate government body and, as may be appropriate, the consent of the owner or possessor thereof, may affix, hang, erect or otherwise place outdoor advertisement on:
   1. any building, wall, fence, bus station, pole, telecom service equipment or any other similar structure;
   2. any road, highway, rail way or public transport; or
   3. any place used for public services.
2. Any outdoor advertisement may not be placed in such a way as to be confused with traffic or direction signs, obstruct views, hamper or undermine traffic movement or safety, or spoil beauty of the scenery.
3. Any outdoor advertisement placed in accordance with this Article shall be written in local language or alphabet, or if it is written in local and foreign languages or alphabets, the local language or alphabet shall appear before or above the foreign language or alphabet.

22. Advertisement Dissemination through Telephone

1. Any advertisement through telephone shall be disseminated with the permission of the telecom service provider.
2. With the exception of public advertisements and advertisements of the telecom service provider, disseminating any commercial advertisement through the apparatus of a telephone service user, without his consent, shall be prohibited.
3. If the dissemination of the advertisement requires the telephone service user to pay charges, the advertising agent, advertisement disseminator and advertiser shall make it clear to the telephone service user.

23. Advertisement Dissemination through Postal Services

1. An advertisement through postal service shall be disseminated by obtaining permission from the postal service provider.
2. A postal service provider may disseminate public advertisement or its own advertisement through the post box of a postal service user; provided, however that, to dessiminate a commercial advertisement through the post box of a postal service user, a postal service provider shall take in to consideration the interest of a postal service user and establish a working procedure.

24. Advertisement Dissemination through Cinema or Film

Unless during break time or end of a scene, interruption of any cinema or film for advertisement shall be prohibited.

PART SIX
PROHIBITED AND RESTRICTED ADVERTISEMENTS

25. Prohibited Advertisement

1. The direct or indirect dissemination of the following advertisements through the use of any means of dissemination shall be prohibited:
   1. advertisement of any substance classified as narcotic drug by appropriate governmental body;
   2. advertisement that encourage the direct use of any prescription medicine or medical appliance;
   3. advertisement of narcotic drug or psychotropic substance;
   4. advertisement of weapon;
   5. advertisement of gambling;
   6. advertisement of illegal product or service;
   7. advertisement of usury;
   8. advertisement of witchcraft;
   9. advertisement of cigarette or other tobacco products;
   10. advertisement having political goals; and
   11. other advertisements prohibited by law.
2. The provisions of sub-article (1)(j) of this Article may not preclude a political organization or a candidate registered in accordance with the law from advertising the election campaign, or the political organization from advertising change of its address, meeting announcement and from disseminating other similar advertisements.

26. Restricted Advertisement

1. Any advertisement of liquor with more than 12% alcoholic content may not be disseminated directly or indirectly through any means of dissemination other than outdoor advertisements and news papers and magazines which are not published on daily and weekly basis.
2. Notwithstanding to the provision of subarticle (1) of this Article, the advertisement of any liquor with more than 12% alcoholic content may not be disseminated through the use of electronic screen, microphone, audio cassette, or other audiovisual advertisement disseminated through the use of outdoor advertisement.
3. Any advertisement of liquor may not:
   1. advertise that consumption of the liquor is good for health, brings about individual or social success, improves psychological or physical strength or provides healing power, or instigate its repeated consumption or over drinking;
   2. undermine or oppose abstention from alcohol addiction;
   3. concentrate on minors, or use a minor as an advertisement actor; or
   4. contain other similar massages.
4. An outdoor advertisement of any liquor may not be placed within 100 meters radius of a children care center, school, medical or historical institution, cinema or theater hall or a stadium.

PART SEVEN
OBLIGATIONS OF ADVERTISER, ADVERTISING AGENT AND ADVERTISEMENT DISSEMINATOR

27. Verification of Information

1. Any advertising agent or advertisement disseminator shall have the obligation:
   1. to verify the correctness of an information provided to it by an advertiser; and
   2. to require the advertiser to make adjustments to an advertisement where it breaches the law if disseminated as presented.
2. Any advertiser shall have the obligation to submit evidence requested by an advertising agent or disseminator to verify the correctness of an information included in an advertisement.
3. The advertising agent or disseminator may cancel the contract concluded with the advertiser and claim damages if the advertiser is unwilling or unable to fulfill the requirement specified under sub-article (1)(b) or (2) of this Article.

28. Record Keeping and Providing Information

1. Any advertiser, advertising agent or advertisement disseminator shall have the obligation to make a copy of a disseminated advertisement and keep a record of it at least for six months.
2. Any advertiser, advertising agent or advertisement disseminator shall, when requested by the Authority or the appropriate government body in connection with the enforcement of this Proclamation, provide, at its own cost, a copy of an advertisement record kept in accordance with sub-article (1) of this Article.

29. Fair Dissemination of Advertisements

Any mass media disseminating advertisements shall disseminate impartially and fairly advertisements submitted to it by advertisers and advertising agents.

30. Responsibilities of Advertiser, Advertising Agent and Advertisement Disseminator

Unless proved to the contrary, any advertisement disseminated in breach of the provisions of this Proclamation shall be presumed to have been conducted with the consent of the advertiser, advertising agent and advertisement disseminator, and they shall be jointly and severally liable according to their degree of responsibility

PART EIGHT
MISCELLANEOUS PROVISIONS

31. Powers and Duties of the Authority

1. ensure that advertisement is conducted in such a manner that contributes to the economic, social and political development of the country;
2. in consultation with the appropriate bodies, issue competency requirement and code of conduct for advertising activity;
3. examine and suspend any advertisement, other than outdoor advertisement, disseminated in violation of the provisions of this Proclamation, and order the dissemination of a counter advertisement;
4. transmit to the appropriate government body any information relevant for the prosecution of any offender who disseminated an advertisement in violation of the provisions of this Proclamation;
5. provide technical support to the appropriate regional bodies regarding the enforcement of this Proclamation with respect to outdoor advertisements;
6. design strategies and provide support for developing the advertising profession and for making the sector self regulated.

32. Consumers Association

1. cooperate with the Authority and the appropriate government bodies in the enforcement of this Proclamation;
2. have the right to institute a civil suit on behalf of its members who have sustained damages as a result of an advertisement disseminated in violation of the provisions of this Proclamation.

33. Submission of Complaints to the Authority

1. Any person whose rights are infringed by the dissemination of any advertisement, other than outdoor advertisement, in violation of the provisions of this Proclamation may submit complaints, within six months from the date of the dissemination of the advertisement, to the Authority to obtain an order of suspension of disseminating the advertisement or the dissemination of a counter advertisement.
2. The provision of sub-article (1) of this Article may not be construed to preclude the institution of a suit with the competent judicial body.

34. Penalty

1. Unless punishable with more severe penalty under other law, any person found guilty of violating:
   1. Article 5(1) and (2) of this Proclamation shall be punishable in accordance with Article 60(1) of the Commercial Registration and Business Licensing Proclamation No.686/2010;
   2. Article 5(3), Article 5(5), Article 6(2), Article 6(3), Article 6(4), Article 10, Article 11, Article 12(2), Article 13, Article 15(1), Article 15(2), Article 15(3), Article 16, Article 17, Article 18, Article 19, Article 20, Article 21, Article 22, Article 23, Article 24, Article 26(3), Article 27, Article 28 or Article 29 of this Proclamation shall be punishable with a fine not less than Birr 10,000 and not exceeding Birr 100,000;
   3. Article 6(1), Article 7, Article 8, Article 9, Article 12(1), Article 14, Article 15(4) , Article 15(5), Article 26(1), Article 26(2) or Article 26(4) of this Proclamation shall be punishable with a fine not less than Birr 20,000 and not exceeding Birr 150,000;
   4. Article 25(1) of this Proclamation shall be punishable with a fine not less than Birr 30,000 and not exceeding Birr 250,000.
2. In addition to the fine specified under subarticle (1) of this Article, the income obtained by the convicted person from the illegal advertisement activity shall be confiscated.

35. Inapplicable Law

No law or customary practice shall, in so far as it is inconsistent with the provisions of this Proclamation, be applicable with respect to matters provided for by this Proclamation.

36. Power to Issue Regulation and Directive

1. The Council of Ministers may issue regulations necessary for the implementation of this Proclamation.
2. The Authority may issue directives necessary for the implementation of this Proclamation and regulations issued under sub-article (1) of this Article.
3. Regions may issue regulations and directives necessary for the implementation of this Proclamation with respect to outdoor advertisements.

37. Effective date

This Proclamation shall enter into force on the date of publication in the Federal Negarit Gazeta.

Done at Addis Ababa, this 27th day of August, 2012.
GIRMA WOLDEGIORGIS
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA