In Hong Kong, the advertising laws are designed to protect consumers, ensure fair competition, and maintain ethical standards in advertising practices. Here are some key aspects to consider:
General Regulatory Framework: Advertising in Hong Kong is regulated under various laws and guidelines, including the Trade Descriptions Ordinance (TDO), which prohibits false trade descriptions and misleading omissions in the provision of goods and services.
False Advertising: The TDO strictly bans any advertising that could mislead consumers regarding the condition, usability, or quality of a product. This includes any form of false or misleading representation.
Comparative Advertising: While comparative advertising is not illegal in Hong Kong, it must not be misleading. Comparisons should be factual, verifiable, and should not unjustly discredit or disparage competitors' products or services.
Intellectual Property: Advertisements must respect intellectual property rights. Using copyrighted material or trademarks without authorization is prohibited and could lead to legal action.
Broadcast and Digital Advertising: The Broadcasting Ordinance oversees broadcast advertising, requiring that advertisements should not deceive or mislead consumers. Digital advertising falls under the purview of the Communications Authority, which enforces standards to prevent deceptive practices.
Privacy and Data Protection: Under the Personal Data (Privacy) Ordinance, advertisers must ensure that any personal data collected is done so lawfully and fairly, used only for the purpose explicitly agreed upon, and kept secure.
Consumer Complaints and Self-Regulation: The Advertising Standards Authority (HKASAR) provides guidelines and a complaint mechanism to handle advertising disputes and issues related to ethical advertising practices.
Special Regulations for Specific Products: Certain products such as tobacco, alcohol, and pharmaceuticals have specific advertising restrictions. For example, direct advertisement of prescription medicines to the public is prohibited.
By adhering to these regulations, advertisers can avoid legal pitfalls and maintain their credibility in Hong Kong’s market.
