In South Korea, advertising is regulated under several laws aimed at ensuring truthfulness, decency, and fairness. Here are the key points of the advertising legal framework in South Korea:
Fair Advertising: The Fair Labeling and Advertising Act (FLAA) mandates that advertising must not deceive or mislead consumers about the nature, manufacturing process, quality, or terms of goods and services.
Prohibitions and Requirements:
Advertising that may induce fear or anxiety without justification is prohibited.
Advertisements must not impede public order or social morals.
All claims in advertisements must be clear, verifiable, and substantiated.
Special Categories:
Tobacco, pharmaceuticals, and alcohol have specific advertising restrictions, particularly regarding target audience and content.
Misleading advertisements in these categories can face stringent penalties.
Enforcement: The Korea Fair Trade Commission (KFTC) is the primary regulatory body responsible for monitoring and enforcing advertising laws. Violations can result in fines, corrective orders, and public notices of the offense.
Digital Advertising: With the increasing use of digital platforms for marketing, specific guidelines have been established to govern online advertising practices, including rules on data privacy and direct marketing.
