Advertising Law

This article is written and provided by: bnt attorneys-at-law.
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Introduction

Principal Laws

Advertising in Estonia is regulated mainly by the Estonian Advertising Act. This act establishes general requirements for advertising, restrictions on goods and services, supervision, and liability for violations. Advertising is also regulated by the Consumer Protection Act. This act regulates advertising in commercial practices.

Supervision of Laws on Advertising

Estonian Advertising Act

Supervision of the Estonian Advertising Act (hereafter: Advertising Act) is provided mainly by the Consumer Protection Board of Estonia (Tarbijakaitseamet), but also by the State Agency of Medicine (Ravimiamet), by the Financial Supervision Authority (Finantsinspektsioon), by the Health Board (Terviseamet) by the Agricultural Board (Põllumajandusamet) and by specific bodies in case of specific requirements, e.g. the Estonian Bar Association for advertising of attorneys. Outdoor advertising is supervised by the local authorities.

Consumer Protection Act

Supervision of the Consumer Protection Act is also provided by the Consumer Protection Board of Estonia and by the Health Board.

Legal Review Procedure

All of the above institutions act under Administrative Procedure Law, and therefore matters are reviewed under the administrative procedure. Fines imposed for violating the regulations of the Advertising Act do not exceed €3200.  

Industry-Specific Regulation

In addition to the Advertising Act, there are also advertising regulations in laws that regulate specific industries, drugs, food, and certain other goods and services. These regulations are industry-specific, and supervision is provided by different national administrations.

Products and Services Banned From Advertising

The following may not be advertised in Estonia. The applicable laws do not provide explanations or reasons for the prohibitions.

• Legal services
• Patent agent services
• Narcotic and psychotropic substances
• Health services
• Infant formula
• Works which contain pornography or promote violence

Regulations Related to Product and Service Advertising

Alcohol (Beer, Wine, and Spirits)

Advertising of alcohol products is regulated by the Advertising Act. All alcohol products (beer, wine, spirits) are treated the same way under the law.

Advertising alcohol is not absolutely forbidden, but many restrictions apply to the content of advertisements and to places where alcohol advertising is allowed. Alcohol advertisements must include the text “Attention! This is an alcoholic beverage. Alcohol may cause damage to your health.” Supervision over the advertising of alcohol is provided by the Consumer Protection Board of Estonia.

Biocidal Products

Advertising of biocidal products may not include the expressions "low-risk biocidal product," "nontoxic," "safe," or any other words or expressions with the same meaning. Advertising must include the following sentences: "Use biocidal product safely! Always read the accompanying information before use!"  See also Plant Protection Products, below.

Explosive Substances and Pyrotechnic Articles

Restrictions apply to the advertising of explosive substances and pyrotechnic articles. Advertising them is forbidden except on the sale premises, at specific expositions or exhibitions, or in specific printed materials. Supervision is maintained by the Consumer Board of Estonia.

Financial Services

Restrictions apply to the advertising of financial services. Any advertisement of a financial service must include an invitation to examine the terms and conditions of the financial service and to consult an expert, if necessary; and any advertisement in which consumer credit or the arrangement of consumer credit contracts is offered must indicate the annual percentage rate of charge by means of a representative example.  

Firearms, Weapons, and Ammunition

Advertising of firearms, weapons, and ammunition is regulated by the Advertising Act. According to the act, advertising of these products is forbidden except on the sale premises, at special expositions or exhibitions, or in special printed materials. It is also prohibited to use elements of violence in advertising weapons, ammunition, explosive substances, and pyrotechnic articles. Supervision of firearms, weapons, and ammunition advertising is provided by the Consumer Protection Board of Estonia.

Food

There are no general restrictions on advertising of food products. According to the Estonian Food Law, advertisements may not refer to disease prevention or to curative or relieving qualities of the advertised product. The Advertising Act prohibits advertising of infant formula. Supervision of food advertising is provided by the Consumer Protection Board of Estonia.

Gaming

Gaming advertisements are mostly forbidden per the Advertising Act, but they are permitted in a few places, including the following:

• On gaming premises
• On international flights
• In connection with ship travel

Advertising of gambling may not contain an incitement to participate in gambling or visit gaming premises. Also, it may not contain information suggesting that gambling is in the public interest or contributes to social success.

Private-sector lotteries are not allowed in Estonia, and advertising of state lotteries is allowed only on the premises where lottery tickets are sold or in television or radio broadcasts, where they may be placed only immediately before or after the programs showing lottery draws or draw results or between parts of such programs. 

Supervision of gambling advertisements is provided by the Consumer Protection Board of Estonia.

Legal Services

The Advertising Act prohibits advocates, sworn translators, bankruptcy trustees, notaries, and bailiffs from advertising themselves and their firms. Supervision of legal service advertising is provided by the Consumer Protection Board of Estonia, the Estonian Bar Association, and the Ministry of Justice. 

Medical Devices

There are no particular restrictions for advertising medical devices, but such advertising must be in compliance with general advertising requirements stated in the Advertising Act.

Medical Services

The Advertising Act prohibits advertising of medical services. Health care providers may publish, in print or broadcast media, information concerning their work.

Supervision of medical services advertising is provided by the Consumer Protection Board of Estonia and the State Agency of Medicine.

Narcotics and Psychotropic Substances

Advertising of narcotic drugs and psychotropic substances is forbidden. Supervision of narcotic drugs and psychotropic substance advertising is provided by the Consumer Board of Estonia and by the State Agency of Medicine.

Nonprofit Fundraising

There are no particular restrictions for advertising nonprofit fundraising, but such advertising must be in compliance with general advertising requirements stated in the Advertising Act.

Nutritional Supplements

There are no particular restrictions for advertising nutritional supplements, but advertising may not refer to disease prevention or to curative or palliative qualities of the advertised supplement.

Supervision of nutritional supplement advertisements is provided by the Consumer Protection Board of Estonia.

Occult (“Psychic”) Services

There are no particular restrictions for advertising occult or “psychic” services, but such advertising must comply with the general advertising requirements stated in the Advertising Act.

Pharmaceuticals

Advertising of pharmaceuticals is regulated by the Estonian Medicinal Product Law.

Advertising of prescription medications is prohibited in Estonia, but advertising of over-the-counter medications is allowed with some restrictions. For example, advertising a medication is allowed only if the medication has a valid Estonian marketing authorization.

Current Estonian legislation also allows giving free samples to persons who are qualified to prescribe medicinal products. Details of the regulation are found in the Estonian Medicinal Product Law.

Supervision of pharmaceutical product advertisements is handled by the Consumer Protection Board of Estonia and the State Agency of Medicine.

Plant Protection Products

Advertising of plant protection products must comply with the requirements provided for in Article 66 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1–50). Supervision over plant-protection product advertising is maintained by the Agricultural Board.

Political Advertising

Political advertising is regulated by various electoral acts of the Estonian Parliament, municipalities, and the European Parliament.  It is forbidden to display political outdoor advertising during the active agitation period. That period starts 45 days before elections. Supervision over political advertising is provided by the police authorities.  

Products Related to Sexuality

There are no particular restrictions for advertising products related to sexuality, but such advertising must be in compliance with general advertising requirements stated in the Advertising Act.

Religion

There are no particular restrictions for advertising religion, but advertising must be in compliance with general advertising requirements stated in the Advertising Act.

Sex (Adult) Services

It is forbidden to advertise services offered for satisfaction of sexual desire, including advertising of prostitution or advertising referring to such services. Supervision of sexual service advertising is provided by the Consumer Protection Board of Estonia.

Tobacco Products 

The Advertising Act prohibits the advertising of tobacco products. The prohibition does not extend to the following materials intended for handlers of tobacco products:

• Magazines
• Exhibitions
• Information related to the sale of tobacco products

Supervision of tobacco product advertising is provided by the Consumer Protection Board of Estonia.

Toys

There are no particular restrictions on the advertising of toys, but such advertising must be in compliance with general advertising requirements stated in the Advertising Act.

Regulations Related to Advertising Methodology

Advertising to Children 

When the target group consists primarily of children, their unique psychological and mental stage must be taken into account. Advertising must not cause moral or physical harm to children nor create feelings of inferiority. Goods or services prohibited for children may not be featured in advertisements directed at children. There are restrictions on advertising on the premises of educational institutions/schools. For example, alcohol advertising is prohibited in schools and youth institutions.

Celebrity Endorsements

The Advertising Act prohibits celebrities from advertising alcohol explicitly through their personal example. 

Comparative Advertising

According to the Advertising Act, in comparative advertising the comparison must be based on one or several relevant, material, and verifiable features of the compared goods or services.

Comparative advertising must not create confusion between trademarks, names, goods or services, or other material features. It must not be based on taking advantage of the reputation of the trademarks, names, or other distinguishing marks of a competitor or the designation of origin of the competing goods.

Comparative advertising must not present goods or services as replicas or imitations of goods or services bearing a trademark granted legal protection in Estonia. In the case of goods with a designation of origin, advertisements must not compare them with goods from a different designation of origin.

If comparison in advertising refers to a special offer of goods or services, it must contain information on the final date of the offer, the availability of the services, and other special conditions of the offer. If, upon publicizing advertising, the special offer has not yet begun, the advertising must contain the date on which the offer begins.

Contests 

See Gaming under Regulations Related to Product and Service Advertising, above.

Deceptive or Misleading Advertising

Deceptive or misleading advertising is forbidden under the Advertising Act. Advertising is considered misleading in particular if it provides misleading information concerning the characteristics of goods, services, sale of goods, or provision of services.

The following are prohibited in advertising:

• Using the results of scientific or other research, quotations from scientific or technical publications and statistical or scientific data in a misleading manner
• Using national symbols and the symbols of state agencies and the color combination of the Estonian flag in a manner that misleads the public concerning the subject or origin of the advertising
• Suggesting that the information presented contains a recommendation from or a guarantee of the state if it actually does not

Disguised Ads and Advertorials

Advertising must be distinguishable from other information and its content and must contain, in a clearly distinguishable manner, the name of the person who placed the advertising.

False Advertising

According to the Advertising Act, advertising must not provide inaccurate information.

Free Gifts/Samples

In general, advertising with free gifts and samples is allowed, but there are restrictions for prescribed medicines and alcohol advertising. These restrictions come from the Medicinal Product Act and the Advertising Act.

Length of Commercial, Volume, and Similar Restrictions

According to the Media Services Act, the duration of advertising in television and radio channels must not exceed 12 minutes during a one-hour period. There are no other restrictions concerning the length of commercials.

Limits to Free Speech

The right to free speech can be exercised in Estonia insofar it does not infringe the rights of other persons (limitations come, inter alia, from the Law of Obligations Act). Advertising may not, directly or by implication, degrade or in some other manner denigrate a person, a person's name, trademark, a geographical indication, activity, area of activity, goods, services or an event.

Rights of Privacy

According to the Advertising Act, a person may not be referred to or used in advertising in any manner, including by using his or her voice, images, or pictorial representations of the person, without his or her prior written consent.

Product Demonstrations

Under the Advertising Act, the only restriction on product demonstrations applies to advertising of alcohol products. It is prohibited to make alcohol presentations in places other than the premises where alcohol is sold, except at exhibitions, fairs, or other similar events where the relevant products are introduced.

Regional Public and/or Community Standards

Municipality or city councils have a right to establish rules for requirements on the manner and place of publicizing outdoor advertising.

Rebates

The Consumer Protection Act forbids merchants from making rebate invitations based on the purchase of goods or services when they know or assume that they will not be able to offer those goods or services at the advertised price. 

Sex in Advertising

According to the Advertising Act, advertising may not depict persons as sexual objects, contain inappropriate nudity, or use expressions or images with a sexual undertone, nor contain visual or audible presentation of a sexual act.

Sponsorships

According to the Advertising Act, the name and trademark of the sponsor disclosed in the sponsor's announcement, and information concerning the material support granted thereby, is not deemed to be advertising. This does not apply to tobacco products.

Subliminal Advertising

The Advertising Act prohibits use of subliminal advertising in commercial communications transmitted by providers of audiovisual media services.

Sweepstakes Offers

There are no particular restrictions for advertising with sweepstakes offers, but such advertising must be in compliance with the general advertising requirements stated in the Advertising Act.

Testimonials

There are no particular restrictions for advertising with testimonials, but such advertising must be in compliance with general advertising requirements stated in the Advertising Act.

Tie-In Offers

There are no particular restrictions for advertising tie-in offers, but such advertising must be in compliance with general advertising requirements stated in the Advertising Act.

Use of a Public Person's Image or Name

The Advertising Act prohibits using a public person’s image or name in advertising without his or her prior written consent.

Use of Children in Advertising

The Advertising Act provides restrictions on use of children in advertising. It is prohibited to:

• Use a child in advertising without the prior written consent of his or her legal representative
• Use a child in advertising of goods or services if it is prohibited to sell such advertised goods or provide such advertised services to children
• Use a child in advertising in a manner which exposes the child´s genitals.
• Unreasonably show a child in dangerous situations

Advertising where children are used must take into account their unique physical and mental state resulting from their age. 

Use of Foreign Language in Advertising

The Estonian Language Act requires advertising to be in Estonian. The translation of printed text into a foreign language may be added to advertisements, but the text in Estonian must be in the foreground. Audiovisual advertisements which are in a foreign language must be accompanied by an adequate translation into Estonian in form and content. The accuracy of the translation is the responsibility of the media service or company. 

Use of Models as Doctors, Nurses, Lawyers, or other Professionals

There are no particular restrictions for advertising using models, but such advertising must be in compliance with general advertising requirements stated in the Advertising Act.

Violence in Advertising

The Advertising Act states that advertising must not incite to behave violently or incite to use violence. Advertising must not promote violence and cruelty. It is also prohibited to use elements of violence in advertising weapons, ammunition, explosive substances, and pyrotechnic articles.   

Regulations Related to Media Channels

Billboard Advertising

Section 13 of the Advertising Act states that local governments have a right to establish rules for outdoor advertising. This means that they have a right to establish regulations on the dissemination of advertising in public places in their administrative territory. The Advertising Act does not regulate billboard advertising directly itself.

Digital Media Advertising 

No specific restrictions apply, but digital media advertising must be in compliance with general requirements for advertising stated in the Advertising Act.

Direct Mail Advertising

Direct mail advertising is allowed in Estonia, provided it complies with the general requirements for advertising stated in the Advertising Act.

According to the Personal Data Protection Act, email advertising must be stopped at the demand of the subject to whom the advertising is directed.

Email Advertising (Spam)

Email advertising is allowed in Estonia, provided it complies with the general requirements for advertising stated in the Advertising Act.

According to the Personal Data Protection Act, email advertising must be stopped at the demand of the subject to whom the advertising is directed.

Newspaper Advertising

The Advertising Act prohibits advertising alcohol on the front or back cover of newspapers or magazines. Advertising in general in newspapers must still be in compliance with the general requirements for advertising stated in the Advertising Act.

Periodical Advertising

Periodical advertising must be in compliance with the general requirements for advertising stated in the Advertising Act.

Radio Advertising

Radio advertising must be in compliance with the general requirements for advertising stated in the Advertising Act. Additionally, the Media Services Act provides the following regulations:

• Advertisements broadcast by radio must be clearly recognizable and distinguishable from other parts of the program
• Broadcasts of children's programs may be interrupted by radio advertising once for each scheduled period of at least 30 minutes, provided that the scheduled duration of the program is longer than 30 minutes
• It is prohibited to insert radio advertising during religious programs
• The hourly transmission time of radio advertising must not exceed 12 minutes, except for announcements that a radio service provider broadcasts in connection with its own programs and ancillary products, sponsorship announcements and product placement directly deriving from those programs

Advertising of alcohol by radio is prohibited from 7am to 9pm.

Social Media Advertising

There are currently no specific restrictions on social media advertising, but it must be in compliance with general requirements for advertising stated in the Advertising Act.

Television Advertising

Television advertising must be in compliance with the general requirements for advertising under the Advertising Act. Additionally, the Media Service Act provides the following restrictions on television advertising:

• The advertisement must be clearly recognizable and distinguishable from other parts of the program
• A TV service provider must broadcast television advertising by spot blocks and must ensure, where advertising is inserted during programs, the integrity of the programs, taking into account natural breaks in and the duration and the nature/form of the program, so that the rights of right holders are not violated.
• Advertising may interrupt the broadcasts of news programs, films made for cinema and television, excluding series and serials and documentaries, once for each scheduled period of at least thirty minutes
• Broadcasts of children's programs may be interrupted by advertising once for each scheduled period of at least 30 minutes, provided that the scheduled duration of the program is longer than 30 minutes
• TV advertising may not be broadcast during religious programs
• The hourly transmission time of television advertising must not exceed 12 minutes, except for the announcements that a television service provider broadcasts in connection with its own programs and ancillary products, sponsorship announcements and product placement directly deriving from those programs.
• Advertising of alcohol products is prohibited from 7am to 9pm

Telemarketing

There are currently no specific restrictions on telemarketing, but it must be in compliance with general requirements for advertising stated in the Advertising Act.

According to the Personal Data Protection Act, telemarketing advertising must be stopped at the demand of the subject to whom the advertising is directed.

Regulatory Agencies

Eesti Tarbijakaitseamet
Consumer Protection Board of Estonia

Rahukohtu 2
10130 Tallinn
Estonia 
Email: info@tarbijakaitseamet.ee
Tel: [372] 6 201 707
Web: www.tka.riik.ee

Responsible for monitoring of advertising in accordance with the Advertising Act

Terviseamet
Health Board

Paldiski mnt 81
10617 Tallinn
Estonia
Email: kesk@terviseamet.ee
Tel: [372] 6 943 500
Web: www.terviseamet.ee

Responsible for monitoring advertising with respect to medical devices and health services

Ravimiamet
State Agency of Medicine

Nooruse 1
50411 Tartu
Estonia
Email: info@ravimiamet.ee
Tel: [372] 7 374 140
Fax: [372] 7 374 142 
Web: www.ravimiamet.ee

Responsible for monitoring advertising with respect to narcotic drugs, psychotropic substances and medical products

Finantsinspektsioon
Financial Supervision Authority

Sakala 4
15030 Tallinn
Estonia 
Email: info@fi.ee
Tel: [372] 6 680 500
Fax: [372] 6 680 501 
Web: www.fi.ee

Eesti Põllumajandusamet
Agricultural Board

Teaduse 2, 75501 Saku
Estonia
Email: pma@pma.agri.ee
Tel: [372]  6 712 604 
Web: www.pma.agri.ee

Responsible for monitoring advertising with respect to plant protection products

Key Laws and Regulations

Reklaamiseadus
Advertising Act

RT I 2008, 15, 108

The Advertising Act is the main law regulating advertising in Estonia. It establishes general requirements for advertising, goods and services the advertising of which is prohibited, restrictions on advertising of goods and services, as well as supervision and liability for violating the restrictions and prohibitions.

Tarbijakaitseseadus
Consumer Protection Act

RT I 2004, 13, 86

The Consumer Protection Act is the main law which regulates consumer protection issues in Estonia. It establishes regulations for informing consumers, offering and sale of goods and services to consumers, etc. It also establishes supervision and liability for violations.

Meediateenusteseadus
Media Services Act

RT I 06.01.2011, 1

The Media Services Act is the main law which regulates media services in Estonia. The Media Services Act provides the procedure and principles for provision of audiovisual media services and radio services and the requirements for providers of media service. It also establishes specific regulations for advertising in television and radio services.

Ravimiseadus
Medicinal Products Act

RT I 2005, 2, 4

The Medicinal Products Act regulates the handling of medicinal products, issue of medical prescriptions, granting of marketing authorization in respect of medicinal products, clinical trials and advertising of medicinal products, the supervision of and liability in the area of medicinal products with the aim to guarantee the safety, high quality and efficacy of medicinal products used in Estonia and to promote the rational use of medicinal products for their intended purposes.

Advertising Pre-Clearance Agencies

There are no advertising pre-clearance agencies except in relation to outdoor advertising; a permit must be obtained from the local authority.

It is also possible to ask voluntarily for the opinion of the previously mentioned regulatory agencies concerning advertising before publicizing it. 

Trends 

Social media advertising has grown rapidly during last five years. Therefore the Consumer Protection Board has focused its attention on it, and future amendments to the Advertising Act concerning social media advertising are likely.

Author of this Article: bnt attorneys-at-law

bnt attorneys-at-law is a major law firm in Central and Eastern Europe, offering legal advice in all core areas of commercial law. Our clients come from the ten Central and East European countries where we are based as well as from Western Europe and overseas.

bnt attorneys-at-law’s cadre of experienced specialists in Central and Eastern Europe have earned its place as a leading commercial law firm in the countries where it operates. Our mission is to ensure that the client’s business decisions are implemented promptly and with legal certainty. The signature characteristic of bnt attorneys-at-law is a high level of local expertise and close all-around co-operation among partners and colleagues. In this way, we offer one-stop quality to all our clients, to whom we owe no less.  

Authors:

Aet Bergmann, Partner, Attorney at Law

Siim Loitme

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