Complaints procedure Order on advertising and sponsorship on radio and television (Broadcasting act), statutory: Complaints can be made to the Radio and Television Board. During a procedure a marketing practice can still be used. The possibility of complaining is made known to the public since complaints can be lodged on-line on the National Board of Radio and Televisions homepage. The police is responsible for the fine, while the National Board of Television and Radio is responsible for other sanctions. Sanctions can be a fine up to €260.000 (which has never been given) or the campaign can be stopped as a consequence of the decision. However, the part of the sanction system, which can lead to a fine requires, that the National Board of Television and Radio actually reports to the police. Until today this has never happened. The results of complaint procedures are published on the homepage of The National Board of Radio and Television, sometimes also by press releases. The average amount of time of the procedure is officially 11 weeks maximum. (usually somewhat longer). The Law of Marketing, statutory: Complaints can be made to The Danish Consumer Ombudsman. Normally the campaign runs until a sentence is passed upon it. However, the police can temporary prohibit a campaign. The possibility of complaining is described on the homepage of the Danish Consumer Ombudsman, in handbills and frequently in newspaper articles. Sanctions, where appropriate, are imposed by the courts of justice (if it is a fine); the police (if it only has to do with stopping a marketing campaign) and can be a fine close to 1 million euro’s, depending on the marketing budget, or the marketing campaign can be stopped. The Danish Consumer Ombudsman superintends and reports if necessary to the Police. The latter decides whether the case should be prosecuted. Finally, the courts of justice pass sentence. Within the Danish Consumer Ombudsman administration there is no system of appeal. But the courts of justice offer the possibility of trying the case. It is possible to read about the results on the homepage of the Danish Consumer Ombudsman. Information on the results is also given via newsletters and in some cases press releases. The minimum and maximum amount of time the procedure officially takes is minimally 2 hours, maximally 50 hours. Regulations of Marketing Alcoholic Beverages, non-statutory: The Danish Alcohol Policy Network checks for violations of the Regulations the best way possible. Complaints can be made to the Commitee of Enforcement. During a procedure a marketing practice can still be used. The possibility of complaining is made known to the public through Report of the Committee of Enforcement: everybody can state a complaint. However, this possibility is not widely known. Sanctions, where appropriate, are imposed by the Committee of Enforcement: The Committee of Enforcement can publish its criticism. In case of subsequent offense the Committee can decide to make their criticism of the business company in question public. The Committee of Enforcement publishes an annual report. There is no minimum and/or maximum amount of time the procedure officially takes.
In Denmark three different regulations exist that specifically refer to alcohol marketing and advertising: The Order on Advertisement and Sponsorship on the Radio and on Television (the Broadcasting Act), which is statutory; the non-statutory Regulations of Marketing Alcoholic Beverages (The Self Regulation) and the statutory Marketing Practices Act (The Law of Marketing). The non-statutory Regulations of Marketing Alcoholic Beverages is the main regulation. It was made especially for regulating Alcohol Marketing. It was made in 2000 in a joint venture between the Ministry of Business Affairs, the Ministry of Health and representatives from the alcohol industry as well as consumer organizations and NGOs. It is also called "The Self Regulation" and is enforced by a Committee (the Committee of Enforcement) headed by an independent Chairman. The Regulations is a volunteer code with no real sanctions attached. Six years have passed, and while the industry praises the Self Regulation system for its effectiveness, the Consumer Ombudsman, the Consumer organizations and the Danish Alcohol Policy Network criticize it for not being effective. During the past six years 59 complaints have been lodged by the Danish Alcohol Policy Network. The Committee of Enforcement has made 76 decisions. Fifty percent of these violated the articles about children and young people. By the end of 2005 the Law of Marketing became subject to a review. The review can be seen as a tightening of the Law in relation to alcohol marketing targeted at children and young people. The Minister of Family and Consumer Affairs has referred to specific alcohol marketing practices as some of the reasons for tightening the Law. In this way, tightening the Law of Marketing is meant to compensate for the weaknesses of the Self Regulation, for instance the lack of real sanctions.
|Table 1||Statutory Alcohol marketing regulations in Denmark||Coverage|
om reklame og
radio og fjernsyn (Order on advertising and sponsorship on radio and television (Broadcasting act))
|TV and radio|
markedsføring (Law on marketing)
|TV, radio, cinema, sponsoring, internet/digital media, outdoor, print, promotional items and product|
|Table 3 Labelling information||Description||Legally binding (l) or self-regulation (sr)|
|Table 4 Non-statutory Alcohol marketing regulations in Denmark||Coverage|
drikkevarer (Regulations of
|TV, radio, cinema, sponsoring, internet/digital media, outdoor, print, promotional items, product|