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New Cambodian Legislations regarding Commercial Advertisement of Alcoholic Products

Additionally, this Prakas also aims to guarantee social order, public welfare, reducing impacts on the economy, culture, tradition, as well as to promote fair competition. This Prakas only covers commercial advertisement on alcoholic products with ethanol degree more than 3 percent of the quantity.  KEY PROVISIONS Content Restriction: Anyone seeking to proceed with such commercial advertisement, they are required to obtain permission from the working group that governs commercial advertisement of alcoholic products. Article 3 of the Prakas mentions the forms of commercial advertisement of alcoholic products that are unauthorized. These non-authorizations include
    1. Any advertisement that attaches with untruthful description;
    2. Advertisement that intends to attract people to consume the alcoholic products, promote sexual capacities or other sexual attraction;
    3. Advertisement or propaganda on the event’s stage;
    4. Advertisement that targets under-aged people.
Location Limitation: It is banned all kinds and forms of advertisement that is less than 200 meters from educational institutions, health centers, religious institutions, historical-cultural resorts and international airport. Target Limitation: The Prakas further bans advertisement via all kinds of television and radio between 18:00 to 20:00 pm. Pornographic and violent messages, advertisement targeting pregnant women and women that feeding children are all banned. Religious and cultural people, patients and pregnant women have to be respected by the advertisers. Specific Authority: Application for permission to proceed with commercial advertising of alcoholic products could be submitted to the one-stop service mechanism of municipal-provincial administration (city, district, khan) after the request is approved by the working group governing the commercial advertisement of alcoholic products. ENFORCEMENT AND PENALTIES The Prakas gives three months to the individuals, businessperson, legal entities to apply for permission from the working group governing the commercial advertisement of alcoholic products. Penalties will apply for those that conduct the advertisement without permission.
Authors: Vicheka Lay and Makara Um