Belgium

Complaints about violations of the law can be submitted to independent media authorities of the Flemish and Walloon communities. Both the Vlaamse Regulator voor de Media and the Conseil Supérieur de l’Audiovisuel have the power to impose a range of penalties in reaction to a violation (ranging from a recommendation, to public shaming, to restriction of broadcasting rights, to financial penalties up to €125.000).

Vlaams mediadecreet betreffende de radio-omroep en de televisie (Flemish Act on radio and television broadcasting, statutory:
The Flemish Media regulator is in charge of the supervision of media regulations within the Flemish community. The general council of the Flemish Media regulator judges complaints about marketing, teleshopping, sponsoring etc. which can be lodged by any interested person or organisation. Violators of the regulations can receive a sanction: which can be a fine up to €125.000, a warning with the request to stop the violation or the obligation to broadcast the decision of the Commission. The violator has to pay for this broadcast, for the obligatory publication of the decision in the newspapers and/or in weekly magazines. The violator has to pay for this publication; the suspension or revocation of the broadcasting permit; the suspension or revocation of the recognition of the broadcasting company. Summaries of decisions, recommendations and complaints are published on the website of the Flemish Media regulator. The minimum and maximum amount of time the procedure officially takes is 6 weeks. This period can be prolonged whenever it is needed for the procedure and/or the investigation.

Decret coordonne sur les services de medias audiovisuels (French community Decree on Audiovisual Media Services), statutory:
The search for violations is done by the research secretariat of the ‘Higher Council for the audiovisual sector of the French Community’. The research secretariat receives all the complaints of the public concerning radio and TV programmes (e.g. protection of minors, duration of publicity). The complaints are classified without consequence or reported to the directorate for licenses and control, which can impose an administrative sanction after it investigates the matter. The secretariat is able to identify every violation or non-observing of laws, decrees or ordinances concerning the radio broadcasting company. Possible sanctions are a warning, publication of the offence, the suspension of the disputed programme, the revocation of the disputable programme, the suspension of the license for a maximum duration of 6 months, the revocation of the license or a fine of minimum €250. The advice directorate gives an advice within a period of maximum 3 months, the directorate for licenses and control gives advice within 2 months. Advice in an urgent procedure is given within 1 month. Decisions, advice and recommendations are published on the website.

Dekret über [die audiovisuellen Mediendienste] und die Kinovorstellungen (Decree of the Media Council of the German-speaking Community of Belgium), statutory:
The search for violations concerning this decree is done by the Media Council of the German-speaking Community (Medienrat der Deutschsprachigen Gemeinschaft). Complaints can be made to the Media Council of the German-speaking Community. Sanctions, where appropriate, are imposed by the Government of the German speaking Community and can be a fine between €2,5 and €2.500, a provisional suspension, or a reduction or a revocation of the license. The media council formulates a statement within a period of 3 weeks and 3 months.

Convenant inzake reclame voor en marketing van alcoholhoudende dranken (Covenant on
practice and advertising for alcoholic beverages), non-statutory:
Any interested party without commercial aims can submit a written complaint about violations of the industry’s code of compliance on alcohol marketing in all covered media. When the Advertising Ethics Jury (JEP) receives a complaint (in Dutch or in French) about a current campaign, the campaign remains in the air until the final judgement is given by the JEP. If the marketing message contains textual or visual elements which do not correspond to laws or codes, the JEP formulates a recommendation to change or suspend the advertisement. This recommendation is directed at the responsible advertiser. When the responsible advertiser does not follow the advice, the JEP will send a suspension recommendation to the media. When the binding recommendation of the JEP is not followed the company has to pay the JEP €1.000 per day. The minimum and maximum amount of time the procedure officially takes is 4 days to 2 weeks (emergency procedure possible). The results of procedures are publicly announced. Summaries of advice, recommendations and underlying motivations are published on the website of the JEP. The JEP is a self-regulatory body and can only give recommendations.

Since 2 September 2019 additional provisions are included in the covenant:

1. The Federation of Belgian Brewers and Vinum Et Spiritus are committed to oblige their members to systematically follow the prior advice of the JEP for all campaigns intended to be broadcast nationally on radio and/or TV and/or cinema. This advice will be dealt with in accordance with the JEP Regulations.
2. Increase in fines in case of multiple infringements by an advertiser: from the second infringement within the year by an advertiser affiliated with the Federation of Belgian Brewers or Vinum Et Spiritus (regardless of the promoted product), the JEP will have the power to fine him which may amount to 10,000 euros which will be received by the JEP.
3. A representative of the federal government of Public Health will be invited by the Secretariat of the JEP to participate as an expert in the meetings of the JEP, only with regard to the files relating to advertising for alcoholic beverages.