Advertisment activity in Kazakhstan Printable versionLast update: 20.05.2020
You have decided to open advertising agency – there is a question, where to start? Registration of advertising agency is not different from other types of business registration. But whether you need to obtain a permit for advertisement depends on the type and sphere of your ad.This article tells about advertising activity in Kazakhstan and its types, advertisement types which should be permitted and about some restrictions.
Basic requirements to the advertisement
It’s impossible to magine our modern life without the glossy advertisements. There are so many ads surrounding use very where that sometimes webecome feeling tired from that. But can you imagine our life without it? We would not be informed about any achievements in the world. Advances in culture, science, industry, any innovations in all spheres of our life would have remained in the shadow. Even elections without advertisement would not have achieved the necessary level and result. Thus, using the advertisement we can regularly be informed about any news and promote our own services, works and earn money from that.
If we speak about the advertisement in Kazakhstan it is regulated by the Law “On advertisement". Ad should be distributed in Kazakh and Russian languages and optionally in other languages. Translation of advertisement should not strain the generalmeaning.
Goods, works, production services realization of which is prohibitedarenot subject to advertising. But if the type of advertisement is subject to, it’s necessary to indicate the number of license and authorized agency which issued the license.
Governmental data base “E-licensing” was developed inorder to automate the process of licensing and registered document. More details can be found in the article Electronic licensing of Kazakhstan.
According to the legislation of the Republic of Kazakhstan, advertising of religious organizations and spiritual (religious) educational organizations not registered in accordance with the legislation of the country is prohibited.
Tele and radio advertisement
Advertisementin TV and radioprograms is one of the most effective types of ad. Except for new sticker, this type of ad should not exceed 20 % from the total volume per day.
Sound of advertising should not belouder than the sound of broadcast program.
Broadcasts, official reports, speeches of candidates for President of RK and deputies of representative agencies, educational and religious program sare prohibited tointerr upt byadvertising, news ticker, except for ad aimed at children and adolescents.
Advertisement in healthcare sphere
Advertising of medical services, methods and prevention means, diagnosis, treatment and medical rehabilitation, medicines, medical products and medical equipment, biological active supplements should be permitted,advertisement must be reliable, clear, without any special knowledge. It’s not allowed to compare your ad with other drugs, medical equipment, biologic alsupplements.
Advertisement of medical products can be placed and distributed in specialized medical publications, media and other health organizations. But the advertising of medicines, available on prescription, for example with narcotic drugs,psychotropic substances and their precursors can be done only in specializedprinted publications, intended for medical and pharmaceutical workers.Validity is determined by the validity of registration certificate for the advertizedmedicine
Medicines advertisement is divided into two types:
- oriented for specialists;
- oriented for population.
Advertized features and characteristics of medicine must correspond to the instruction for its medical appliance, which was approved while official registration.
Medicine has some material types which can be advertized without special permission:
- instruction, commercial catalogs, price- lists,information materials, guidelines, scientific materials of medical character;
- information on individuals and legal entities – producers of medicines, medical products and medical equipment;
- scientific information material;
- a logo, trade or international non-proprietary name to the distributed products among medical and pharmaceutical workers, pens,notebooks, bags, medical gowns;
- decoration of windows, door and outdoor signs and posters with the information, interior décor of health organizations.
Besides permissions set by RK legislation there are some other restrictions in the content of advertisement information:
- Advertisement of medicines not registered in RK.
- Distribution of advertising drugs samples which are dispensed on a doctor’s prescription for advertising.
- Advertisement with children, their images and voices(besides the advertisements of medicines, intended for children.
- Distribution and placement of medicines advertisement in public transport and in organizations irrelevant to prescription, use and sale of medicines.
- Placement of outdoor (visual) advertisement of medicines presented as posters, stands, light panes, billboards, playbills and other objects of stationary advertising.
- Involvement of medical workers responsible for drugs prescription as advertisement distributors, except for the cases of information distribution on drugs with scientific or educational purpose and patients informing purpose;
- Advertisement of medical drugs without the license for realization of appropriate type of activity and permission for advertisement.
Responsibility fornon-compliance with the law on advertisement
All TV channels broadcasting on the RK territory placing the advertisement must comply with the basic law regulations- the Law On mass media", Law "On advertisement", Law "On languages in the Republic of Kazakhstan", as well as other regulations regulating advertising issues of specific advertising object.
According to the Law “On advertisement” ad distributor – is an individual or legal entity, distributing or placing the advertising information by provision and usage of property, including technical means of radio and TV broadcasting and by other ways.
Responsibility of advertiser, advertisement producer and distributer is described in the article 20 of the Law “On advertisement”.
In what cases the advertisement is prohibited?
The following types of advertising is prohibited:
- ethyl alcohol and alcohol products;
- breast milk substitutes;
- goods (works, services) subject to mandatory confirmation of compliance, and that haven's past confirmation of compliance;
- tobacco and tobacco products;
- in the form of various events, including raffles of prizes, lotteries aimed at stimulating demand and interest in alcohol products, tobacco and tobacco products;
- activity of the financial (investment) pyramid.
- advertising of goods (works, services) using elements of a trademark or name, known as the name of alcohol, tobacco and tobacco products, which directly or indirectly offer alcohol, tobacco and tobacco products.
- advertising by organizations providing conformity assessment services.
In the production, distribution, placement of advertising financial (including banking), insurance, investment and other services related to the use of money of individuals and legal entities, as well as securities, it is prohibited:
- to show in advertising an information that is not directly related to the advertised services or securities;
- to guarantee receipt of income and the size of dividends on common shares;
- to advertise securities without registration of issue, as well as at suspension or recognition of securities emission failed;
- to provide any guarantees or proposals for future effectiveness (profitability) of activities, including by declaring the growth of the market value of securities;
- to hide any of the essential conditions of contracts stipulated in advertising;
- advertising types of entrepreneurial activities that encourages individuals to obtain their profits or benefits by involving other individuals in the activities of the enterprise or purchase of the goods of the enterprise;
- advertising of residential buildings (residential buildings) after the court's deprivation of permission to raise money holders.
Outdoor (visual) advertisement
Placement of outdoor (visual) advertisement is carried out in the form of posters, flags, stands, banners, light panels, billboards, and other ways of the reflection of advertisement images and signs on advertisement constructions, movable and immovable objects.
Outdoor (visual) advertisement objects do not include following advertising objects:
- outdoor sign;
- information on work schedule;
- external or internal window dressing for outdoor visual perception of the following nature:
- commercial samples;
- own individualization means;
- festive decoration;
- an information board showing the types of petroleum products, prices for petroleum products, the name and logo of the seller, installed at the entrance to gas stations;
- an information stand containing information about the rates of buying and selling cash foreign currency in tenge.
Outdoor (visual) advertising shall not reduce transport-operating qualities, violate the requirements of vehicles traffic and environmental safety, look similar to the road signs, impair their visibility or effectiveness of perception, dazzle road participants.
For the placement of outdoor (visual) advertising on the objects of stationary advertising placement in the easement area of republican and regional importance there is a fee amount of which is established by the tax legislation of the Republic of Kazakhstan.
It is prohibited to place the outdoor (visual) advertising on the cultural and historical monuments territory, religious sites and specially protected territories. Responsible agencies within 5 working days after receiving the application must give a permit for the placement of outdoor (visual) advertising or written response with reasoned refusal.
Advertisement on transport
Distribution, placement of the advertisement on transportation is carried out with the compliance of traffic regulations on the basis of contracts with transport owners if the Law does not regulates other rules to this property.