PROHIBITION ON ELECTRONIC ADVERTISEMENT IN INDONESIA

PROHIBITION ON ELECTRONIC ADVERTISEMENT
Law No. 8 of 1999 concerning Consumer Protection (UUPK)
Prohibits business actors from creating misleading advertisements or including false information. Articles 9, 10, and 12 of UUPK regulate the prohibition of fraudulent acts and misleading advertisements.

1. ADVERTISEMENT REGULATION

2. REGULATION Minister of Trade Regulation No. 31 of 2023 concerning Business Licensing, Advertising, Guidance, and Supervision of Business Actors in Trade Through Electronic Systems Government Regulation No. 32 of 2022 concerning Battery Electric Vehicles for Road Transportation Government Regulation No. 109 of 2012 concerning the Control of Materials Containing Addictive Substances in the Form of Tobacco Products for Health Law No. 32 of 2002 concerning Broadcasting Law No. 8 of 1999 concerning Consumer Protection Regional Regulation ( Perda ) Related to Outdoor Advertising 19/08/2024

3. ELECTRONIC ADVERTISING COMPLIANCE Minister of Trade Regulation No. 31 of 2023 Article 28 (1) Display of Electronic Advertisements must comply with the following provisions: Must not mislead consumers regarding the quality, quantity, materials, usage, and price of goods and/or service fees, as well as the timeliness of receiving goods and/or services. Must not mislead regarding warranties or guarantees on goods and/or services. Must not contain incorrect, false, or inaccurate information regarding goods and/or services. Must include information about the risks of using the goods and/or services. Must not exploit events and/or individuals without the permission of the authorities or the consent of the concerned party. Must provide an exit function from the electronic advertisement, indicated by a close, skip, or close button, and placed in a clear location to facilitate consumers in closing the electronic advertisement. (2) The display of electronic advertisements that feature reviews and testimonials from consumers who have used the goods and/or services must include or possess and ensure the accuracy of the legal subject's identity information and be conducted responsibly. 19/08/2024

4. PROHIBITION ON ELECTRONIC ADVERTISEMENT Law No. 8 of 1999 concerning Consumer Protection (UUPK) Prohibits business actors from creating misleading advertisements or including false information. Articles 9, 10, and 12 of UUPK regulate the prohibition of fraudulent acts and misleading advertisements. 19/08/2024 Electric vehicle advertisements must be honest and not misleading, especially regarding performance claims, energy efficiency, emissions, and environmental benefits. The information provided must be accurate and must not deceive consumers.

5. PROHIBITION ON ELECTRONIC ADVERTISEMENT Law No. 32 of 2002 concerning Broadcasting: Regulates the broadcasting of advertisements through electronic media. Advertisements must not violate the values of decency, morality, and propriety. Advertisements must also not promote prohibited products. 19/08/2024 this regulation focuses more on technical regulations and incentives for electric vehicles, it can influence the content of advertisements, particularly regarding claims about government incentives, taxes, or other economic benefits.

6. Government Regulation No. 109 of 2012 concerning the Control of Materials Containing Addictive Substances in the Form of Tobacco Products for Health: Regulates tobacco product advertisements, including bans on advertisements on television, radio, and other media at certain times, and bans on advertisements targeting children and teenagers. 19/08/2024 Electric vehicles must not be advertised alongside products containing addictive substances, such as cigarettes or tobacco products, in the same advertisement or context, in accordance with regulations related to addictive products.

7. Sanctions for Violations of Advertising Regulations Administrative Sanctions (Law No. 8 of 1999 concerning Consumer Protection Article 60, Minister of Trade Regulation No. 31 of 2023 concerning Business Licensing, Advertising, Guidance, and Supervision of Business Actors in Trade Through Electronic Systems Article 43, Law No. 32 of 2002 concerning Broadcasting Article 76) Warnings : Issued for minor infractions, requiring corrective action. Orders to Cease and Desist : Requires stopping the distribution or display of the offending advertisement Fines : Imposed for non-compliance, with amounts varying based on the nature and severity of the violation, The fines can be up to 2 billion Rupiah. Criminal Sanctions （ Law No. 8 of 1999 concerning Consumer Protection Article 62, Law No. 32 of 2002 concerning Broadcasting Article 76 ） Prosecution : In cases of severe violations, such as deliberate fraud or deceit, criminal charges may be filed, potentially leading to imprisonment or further legal consequences. he imprisonment term can be up to 5 years, depending on the severity of the offense. 19/08/2024

8. 3. Civil Sanctions ( Law No. 8 of 1999 concerning Consumer Protection Article 19, Law No. 40 of 1999 concerning the Press Article 18, Minister of Trade Regulation No. 31 of 2023 concerning Business Licensing, Advertising, Guidance, and Supervision of Business Actors in Trade Through Electronic Systems Art, 43) Compensation Claims : Consumers or affected parties can file lawsuits for damages caused by misleading or harmful advertisements. Reparations : Companies may be required to make amends or provide compensation for misleading claims. 4. Revocation of Licenses (Law No. 8 of 1999 concerning Consumer Protection Article 63, Minister of Trade Regulation No. 31 of 2023 concerning Business Licensing, Advertising, Guidance, and Supervision of Business Actors in Trade Through Electronic Systems Article 43, Law No. 32 of 2002 concerning Broadcasting Article 76) Business Licenses : In cases of repeated or severe violations, business licenses may be revoked or suspended. 19/08/2024