Lauri Beekman, 23-09-2024
On September 13, a penalty fee for violations of the Alcohol Act was adopted by the government, Actis writes. This means that those engaging in illegal alcohol advertising on social media can now expect a fine if they violate the advertising ban. Until now, offenders were only required to correct their violations.
“Finally, after six years, the government has adopted a penalty fee. This will have both a preventive effect and will hit influencers and others who break the advertising ban where it hurts—their wallets,” says Inger Lise Hansen, Secretary General of Actis.The penalty fee was first approved by Parliament in June 2018, but it has taken six years to implement it. Actis has long advocated for the introduction of such a fee.”Breaking Norwegian law should have consequences, including on social media,” says Hansen. “We cannot allow platforms where minors spend hours every day to be a free zone for those who want to promote alcohol.”
She adds:”The advertising ban is one of the most important tools in Norwegian alcohol policy. People who do not actively seek out information about alcoholic beverages should not risk seeing alcohol promotions on Instagram or TikTok. Such information is something one should choose to look for. Those who continue to push alcohol on vulnerable groups and minors will now have to pay the price,” says Inger Lise Hansen.
Facts about the penalty fee
The penalty fee was first approved as part of the Alcohol Act in 2018, with the addition of § 10-5 to the law. It states:
§ 10-5. Penalty Fee
The Norwegian Directorate of Health can impose a penalty fee on businesses that:
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Distribute alcoholic beverages through private importation if they violate the registration requirement in § 2-4 or the provisions in §§ 1-5, 2-5, and 8-11,
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Violate the requirements for license holders in §§ 6-6, 6-7, and 6-8, or
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Violate the advertising ban in §§ 9-1 and 9-2.
This also applies to violations of regulations made under these provisions if it is specified in the regulations that such violations may result in sanctions.
For the penalty fee to come into force, it must be enshrined in regulations. A draft regulation on the calculation of the penalty fee under the Alcohol Act was sent for consultation in the spring of 2023. This regulation, which is now under review by the government, will make § 10-5 of the Alcohol Act effective. The penalty fee may be imposed on businesses and individuals engaged in commercial activities. This includes influencers who promote alcohol in a marketing context.