Indonesia: Advertising And Marketing - Advertising Law

Last Updated: 10 February 2016
Article by Eddy Leks

INTRODUCTION

There is no single law aiming to provide compehensive regulation of advertising in Indonesia. Regulation on advertising is set out in several laws, the most important of which are as follows.

  • Law Number 8 of 1999 on Consumer Protection (the Consumer Protection Law) covering general aspects of advertising
  • Law Number 40 of 1999 on the Press (the Press Law) concerning advertising using print and electronic media in the form of text, sound, image, sound and image, and data and graphs
  • Law Number 32 of 2002 on Broadcasting (the Broadcasting Law) covering broadcast media, particularly television and radio
  • Law Number 11 of 2008 on Information and Electronic Transactions (the ITE Law) concerning advertising using electronic media in the form of digitally transmitted information, electronic transactions, information technology, electronic documents, and electronic systems

Moreover, there are Local Regulation of DKI Jakarta Number 12 of 2011 on Advertising Tax and Local Regulation of DKI Jakarta Number 7 of 2004 on Implementation of Advertising (Local Regulations of DKI) on ads in the form of billboards, large electronic displays (LED), fabric advertisements, stickers, flyers, and other media. The local regulations were issued with an aim to promote and oversee sources of advertising tax revenues for the local government of DKI Jakarta.

Industry-Specific Regulations

Some laws regulate advertising of specific products and services. Among these are:

  • Annex III of Minister of Health Decree Number 386/MEN.KES/SK/IV/1994 on Advertising Guidelines of Drug-Free Traditional Medicine, Medical Devices, Cosmetics, Health Household Supplies and Food-Beverage (hereinafter the Medicine Advertising Guidelines)
  • Minister of Health Regulation Number 1787/MENKES/PER/XII/2010 on Advertising and Publication of Health Care (hereinafter the Health Care Advertising Regulations)
  • Government Regulation Number 69 of 1999 on Food Labeling and Advertising (hereinafter the Food Advertising Regulations).

PRODUCTS AND SERVICES BANNED FROM ADVERTISING

  • Gambling
  • Sexual services
  • Category C liquor (liquor with high alcohol content)
  • Firearms, weapons, and ammunition

REGULATIONS RELATED TO PRODUCT AND SERVICE ADVERTISING

Alcohol (Beer and Wine)

No specific restrictions

Alcohol (Spirits)

The Broadcasting Law prohibits broadcasting of commercial advertisements promoting liquor or addictive substances. It applies to advertisements broadcast on radio or television.

The Medicine Advertising Guidelines state that advertisements for liquor may not:

  • Affect or stimulate people to start drinking liquor
  • Describe the use of liquor in activities that require concentration (its use could endanger safety)
  • Be intended for children under 16 years old or for pregnant women, or depict them in the ads
  • Advertise C category liquor (with an alcohol content of 20 to 55 percent); advertisements for hard liquor are banned

Firearms, Weapons, and Ammunition

As noted above, advertising of firearms, weapons, and ammunition is prohibited completely.

Food

Food advertising is regulated under the Food Advertising Regulations. The law requires packaged foods sold in Indonesia to bear a label that is easily seen and read and is affixed in such a way that it is not easily faded, separated from the package, or damaged. It is prohibited to make false or misleading statements or representations, whether through text, images, or other means, in advertisements or on labels.

Manfacturers and importers of food for sale in Indonesia are responsible for the truth of statements that the food is halal (suitable per Muslim dietary laws). Food that is halal should include the word "halal" on the label.

Gaming

Advertising of gambling activities is prohibited completely per the Broadcasting Law.

Legal Service

Law Number 18 of 2003 on Advocates (Advocate Law) does not prohibit advertisement. However, the Indonesian Advocate Code of Conduct states that:

  • Advertising that is designed to attract people's attention is prohibited, including use of signboards of excessive size.
  • Attorneys are not justified to seek publicity through the mass media or to attract attention to their actions as advocates in cases they are handling or have handled, unless the information provided is intended not for self-promotion, but to uphold and foster the rule of law and the standards of the legal profession

Medical Devices

Under the Food and Drug Advertising Guidelines, medical devices, cosmetics, and personal-care products may be advertised if the product has obtained a registration number from the Ministry of Health of the Republic of Indonesia. Advertisement contents must comply with registration data and other information that was approved upon registration.

  • An advertisement for medical devices, cosmetics, and personal-care products is required to be: Objective, stating facts in accordance with reality
  • Not misleading and without exaggeration as to the origin, nature, quality, quantity, composition, usability, security, and restriction of medical devices, cosmetics, and health household supply.
  • Complete, which includes not only information about the utility of the product and instructions for its use, but also warnings and advisories that should be considered by the user, such as ways to cope in the event of an accident

Medical Services

Under the Health Care Advertising Regulations, a health-care facility may promote and/or publish its health care services through any and all media. Publication of health care may be in the form of news, banners, text runs, articles, or features. Advertising and/or publication of health care by a health-care facility through the Internet may not be used as a long-range medical consultation (telemedicine).

The issuance of advertising and/or publication as mentioned above must be in accordance with the advertising ethic set out in the Indonesia Hospital's Code Of Conduct, the Health Worker's Code Of Conduct, the Advertisers' Code Of Conduct, and the laws. Advertisements and publications of health-care facilities must meet the requirements set forth in Ministry of Health regulations; statements must:

  • Contain accurate facts
  • Be based on evidence
  • Be informative and educational
  • Be responsible

Advertisements and/or publications as mentioned above which are published in print media, electronic media, or outdoor media must include the name and address of the health-care facility and the date of publication. Advertising and/or publication of health care is not allowed if it:

  • Attacks and/or shows bad taste, for example by demeaning the honor and degree of the health profession;
  • Provides information or statements that are false, deceiving, or misleading
  • Contains information which implies that the health-care facility may obtain health outcomes which cannot be implemented by other health-care facilities
  • Creates an inappropriate expectancy of health care which is given

Nonprofit Fundraising

No specific restrictions

Nutritional Supplements

Per the Medicine Advertising Guidelines, advertising of nutritional supplements may be done only to prevent or to overcome nutritional deficits experienced at times such as after surgery, during pregnancy and breastfeeding or after sickness, and by the elderly.

Also see Pharmaceuticals for requirements as to completeness and accuracy of information.

Occult ("Psychic") Services

No specific restrictions

Pharmaceuticals

Under the Medicine Advertising Guidelines, information on the advertising of medical products must comply with the criteria set out in Article 41 Paragraph (2) of Law Number 23 of 1992 on Health, as follows:

Political Advertising

Under Article 76 of Law Number 10 of 2008 on General Election of Members of the House of Representatives, The House Of Representatives District, And House Of Representatives District (the General Election Law), the general election campaign is performed according to the principle of responsibility and is a part of the political education of the society at large.

Under Article 81 of the General Election Law, the campaign material of the political party of a general election candidate has to include the vision, mission, and program of the political party. The same is true for the campaign material of the individual candidate.

Permitted

The general election campaign as referred to Article 76 may be performed through:

  • A limited meeting
  • A face-to-face meeting
  • Print mass media and electronic mass media
  • Distribution of campaign material to the public
  • Installation of props in a public place
  • General meeting
  • Other activities which do not violate the prohibition of campaign laws and regulations

Prohibited

Organizers, candidates, and officials of a political campaign are prohibited from:

  • Questioning the constitution of Pancasila, the Opening of Constitution Law of the Republic of  Indonesia of 1945, and the Unitary State of the Republic of Indonesia
  • Engaging in any activity which endangers the integrity of the Unitary State of the Republic of Indonesia
  • Insulting any person, religion, tribe, race, group, candidate, or other election participant
  • Disturbing the public order
  • Inciting to violence or recommending the use of violence against a person, group society members, and/or other general election participants
  • Destroying and/or removing campaign materials (alat peraga) of an opposing candidate
  • Using government facilities, places of worship, and places of education
  • Making use of images or other attributes of opposing candidates
  • Promising or giving money or other materials to the campaigners

The following are prohibited from serving as campaign organizers: The chairman, vice chairman, young junior] chairman, supreme court judge, and judges in any judicial body under the supreme court, and judges on the constitutional court

  • The chairman, vice chairman, or any member of the Financial Examiners Board (Badan Pemeriksa Keuangan)
  • The governor, senior deputy governor, and deputy governor of the Bank of Indonesia
  • Officials of enterprises owned by the state or region
  • Civil servants
  • A member of the Indonesian National Army and Police of the Republic of Indonesia
  • Village heads
  • Village administrative staff
  • A member of a village consultative body (badan permusyawaratan desa)
  • An Indonesian citizen who does not have right to vote

Products Related to Sexuality

Condoms in Indonesia are categorized as a medical device, which is set out in the Medicine Advertising Guidelines, which state that:

  • Condom ads shall not encourage the use of condoms for immoral purposes
  • Condom ads shall be adjusted to the aesthetic and oriental manners
  • Condom ads shall be accompanied be a note reading "FOLLOW THE INSTRUCTIONS FOR USE"

Religion

Advertising of religion in order to offend and/or degrade other religions is prohibited by the Press Law.

Sex (Adult) Services

Law Number 44 of 2008 on Pornography prohibits offering or advertising, directly or indirectly, sexual services.

Tobacco Products

Advertising and promotion may be performed only by a person who produces cigarettes and/or distributes cigarettes into the territory of Indonesia. Such advertising and promotion may be performed through electronic media, print media, or outdoor media. Advertising on electronic media may only be performed from 9:30pm to 5am local time.

Advertisements for tobacco products are prohibited from:

  • Encouraging people to smoke
  • Claiming or suggesting that smoke gives health benefits
  • Showing or describing, in images and/or text, a pack of cigarettes, a cigarette, or people in the act of smoking
  • Displaying, in images and/or text, children, teenagers, or pregnant women
  • Listing the name of product concerned as cigarette
  • Conveying messages contrary to the prevailing norms in society

Each advertisement on electronic media, print media, or outdoor media has to include a mandated warning about the danger of smoking for health. The warning has to be written clearly so that it is easy to read, and it must occupy no less than 15 percent of the total advertising area.

Under the Press Law, a press company (perusahaan pers) may not publish advertisements containing depictions of cigarettes or of the act of smoking The Broadcasting Law also prohibits cigarette advertisements from including depictions of cigarettes.

Toys

No specific restrictions

To read this article in full, please click here.

Originally published by AtoZ World Business.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions