INSUBCONTINENT EXCLUSIVE:
Kathmandu, November 15
The Advertisement (Regulation) Act-2019, which was passed by both the houses of the Parliament after amendment to
some controversial provisions, is more liberal than the original bill.
It was published in the Nepal Gazette on October 25
The act has repealed provision of handing down jail sentence to anyone who committed an offence deemed punishable by the law
The original bill had drawn flak from all quarters as it stipulated provision of imprisonment from three to five years or fine not exceeding
Rs 500,000 or both, for an offence of publishing, broadcasting and displaying advertisements prohibited by the law.
The act now has
provision of imposing fine ranging from Rs 100,000 to Rs 5,00,000 to anyone who publishes/broadcasts or causes to publish/broadcast
advertisement in contravention of this law
&No editor of media shall be punished for publication or broadcast of advertisement in breach of law simply by virtue of such reason
However, if the editor is also the owner of the media, nothing in this law shall prevent the authorities concerned from punishing him or
her,& reads Section 25 of the act.
The act is aimed at regulating advertisement to be published or broadcast for market promotion, sale and
publicity of goods and services
It prohibits advertisements related to goods banned by prevalent laws, gambling and lottery, obscene or indecent materials, arms and
ammunition and prescription drugs.
Advertisements which may disturb national sovereignty, territorial integrity and cordial relations among
federal agencies; defame Nepal national flag and national anthem, national figures and coat of arms; instigate sedition, defamation, crime
and contempt of court; encourage gender discrimination and untouchability; use trade mark, and patent, design and other industrial property
without approval or permission from concerned owner, shall not be published or broadcast.
&No one shall be allowed to display hoarding board
if it causes adverse impact on the aesthetic value of historical sites, and obstructs mobility of people,& it states
The act also prohibits display of hoarding boards on the utility poles
It requires concerned advertiser to obtain permission from local level to disseminate advertisement through hoarding boards at public
places.
The law also stipulates a provision of clean feed policy for foreign television channels in Nepal
This policy bars TV channels from broadcasting foreign advertisements, both in recorded and live feeds
It will come into effect within a year from the date of the commencement of this act.
According to the act, anyone may disseminate
advertisement of any goods or services with quality or features thereof to promote them and help consumers make right choice under the
The act empowers local level to declare certain area of religious, cultural or archaeological importance, and educational or health
institutions as ‘no advertisement area&.
&No one shall circulate message to mobile phones or email advertisement of any goods or services
without consent of the concerned persons
However, the federal government, provincial governments or local levels may circulate message of public service announcements or message of
early warning through mobile phones or emails at the time of disaster,& the act states.
The act stipulates a provision of an eight-member
advertisement board led by a person appointed by the government to carry out functions related to regulation of advertisements
Advertisements to be published or broadcast on various media in the provincial and local levels shall be regulated by the concerned
governments.
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