Malaysian Code of Advertising Practice
MALAYSIAN CODE OF
ADVERTISING PRACTICE
Advertising Standards Authority Malaysia
Unit 706, Block B, Pusat Dagangan Phileo Damansara 1, 9 Jalan 16/11,
Off Jalan Damansara, 46350 Petaling Jaya, Selangor, Malaysia.
Tel: 03-7660 8535 Fax: 03-7660 8532
E-mail: asa@macomm.com.my Website: www.asa.org.my
Advertising Standards Authority Malaysia
THE MALAYSIAN CODE OF ADVERTISING
PRACTICE
The Malaysian Code of Advertising Practice has the support of the following organizations whose representatives constitute the
Advertising Standards Authority Malaysia
The Advertising Standards Authority Malaysia is the independent body responsible for ensuring that the self-regulatory system works in the public interest. The ASA’s activities include investigating complaints and copy advice on your advertising.
Association of Accredited Advertising Agents Malaysia
Malaysian Advertisers Association
Malaysian Newspaper Publishers Association
Media Specialists Association
Advertising Standards Authority Malaysia
Unit 706, Block B, Pusat Dagangan Phileo Damansara 1,
COMMENCEMENT
9 Jalan 16/11, Off Jalan Damansara,
46350 Petaling Jaya, Selangor, Malaysia
Tel: 03-7660 8535 Fax: 03-7660 8532
E-mail: asa@macomm.com.my Website: www.asa.org.my
This third edition of the Malaysian Code of Advertising Practice comes into force on 1st September 2008. It replaces all previous editions.
Contents
I.
Introduction
(i)
The Advertising Control System
Introduction
1
General Principles
6
Appendices on Specific Categories of Advertisements
22
The Malaysian Code of Advertising Practice (hereinafter referred to as “the
• APPENDIX A
: Children and Young People
22
Code”) is a fundamental part of the system of control by which Malaysian
• APPENDIX B
: Medicinal and Related Products and Advertisements
Containing Health Claims
advertising regulates its activities.
26
• APPENDIX C : Advertising for Alcoholic Drinks
44
The Code has been drawn up by organisations representing advertisers,
• APPENDIX D
: Advertising for Slimming Products and Services
46
advertising agencies and media. It is administered by the Advertising
• APPENDIX E
: Financial Services and Products
57
Standards Authority Malaysia (ASA) whose members are drawn from the
• APPENDIX F
: Mail Order Advertising
61
Malaysian Newspaper Publishers Association, Association of Accredited
• APPENDIX G : Sales Advertisement
66
Advertising Agents, Malaysia, Malaysian Advertisers Association, and the
• APPENDIX H : Hair and Scalp Products
68
Media Specialists Association.
• APPENDIX I
: Advertising for Vitamins and Minerals
69
• APPENDIX J
: Motoring
73
The Code is supplemented by special conditions that may be required by
• APPENDIX K
: Environmental Claims
74
individual media. The broadcast media, online services and other
• APPENDIX L
: Database Marketing
75
telecommunications and electronic media have their own Codes which
• APPENDIX M : Employment and Instructional Classes
79
are administered by the Communication and Multimedia Content Forum
• APPENDIX N : Property Advertising
80
of Malaysia.
• APPENDIX O : Advertising for Audiotext Services
81
• APPENDIX P
83
: Other Specific Categories
• APPENDIX Q : List of diseases to which no reference, or only limited reference may be made in advertisements. However, the list is not exhaustive and would include any other diseases that may be identified from time to time.
• APPENDIX R
: List of Malaysian Statutes affecting or relevant to advertising
(as at 31st December 2007)
Responsibility for observing the Code rest primarily with the advertiser. But it also applies to any advertising agency or medium involved in publication of the advertiser’s message to the public.
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1
Sanctions
(ii)
Malaysian Code of Advertising Practice
The sanctions are principally the withholding of advertising space from
I.
Preamble
1.1
All advertisements should be legal, decent, honest and truthful.
1.2
Advertisements must project the Malaysian culture and identity, reflect the
advertisers and the withdrawal of trading privileges from advertisers/ advertising agencies. Both sanctions are applied by the media. To this can be added the sanction of adverse publicity. This is wielded by the Advertising
Standards Authority Malaysia, which may publish details of the outcome of
multi-racial character of the population and advocate the philosophy of
investigations it has undertaken.
“RUKUN NEGARA” which reads as follows:-
Complaints
Believe in God
Loyalty to King and Country
Complaints from members of the public – or those representing them – that
Upholding the Constitution
the Code has been breached should be addressed to the Chairman,
Rule of Law
Advertising Standards Authority, Malaysia. Letters should include sufficient
Good Behaviour and Morality
details of the complaint along with contact information, especially the postal address or e-mail, of the complainant. It is helpful if complainants can
1.3
Advertisements must not identify or type – cast each particular racial group or sex with vocations, traditional values and backgrounds.
wherever possible provide examples or copies of any advertisements to which they take exception. Investigations will not be initiated without written confirmation from the complainant.
1.4
A list of statutes affecting advertising is set out at the end of this Code.
Advertising Standards Authority, Malaysia
1.5
Advertisements must comply in every respect with the Law, common or statute. Advertising should not propagate fraudulent trade practices.
Unit 706, Block B,
Pusat Dagangan Phileo Damansara 1,
9 Jalan 16/11, Off Jalan Damansara,
46350 Petaling Jaya, Selangor, Malaysia
Tel: 03-7660 8535 Fax: 03-7660 8532
1.6
No advertising material which tends to offend the proprieties of ethics generally observed by the community or contains terms, words or subject matter not generally considered acceptable in polite conversation should be accepted.
E-mail: asa@macomm.com.my
Website: www.asa.org.my
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3
All advertisements should be prepared with a sense of responsibility to
3.
Interpretation
3.1
1.7
The Code is to be applied in the spirit as well as in the letter.
3.2
Additional regulations in the form of bulletins or otherwise, which may
the consumer.
1.8
All advertisements should conform to the principles of fair competition as generally accepted in business.
from time to time be published by the ASA, have the full force of this Code.
1.9
No advertisement should bring advertising into disrepute or reduce confidence in advertising as a service to the industry and to the public.
3.3
primary test applied will be that of the probable impact of the advertisement
1.10 Advertisements must be clearly distinguishable as such.
2.
In assessing an advertisement’s conformity to the terms of this Code, the as a whole upon those who are likely to see it. Due regard will be paid to each part of its content, visual, verbal and aural, and to the nature of
Scope
the medium through which it is conveyed.
2.1
The primary object of this Code is the regulation of commercial advertising.
It applies therefore (except as expressly provided) to all advertisements
3.4
For the purpose of this Code:
for the supply of goods or services or the provision of facilities by way of trade, and also to advertisements other than those for specific products which are placed in the course of trade by or on behalf of any trader.
(i)
The word “advertisement” applies to marketing communication or advertising wherever it may appear in the printed form. It includes advertising in leaflets, circulars, posters, billboards, cinemas, advertising
2.2
In addition the Code applies, so far as is appropriate to advertisements
claims on packs, labels and point of sale material.
by non-commercial organisations and individuals. The Code does not however seek to restrict the free expression of opinion in paid-for
(ii) The word “product” includes goods, services and facilities.
advertising space, whether by those engaged in commerce or by political parties, foreign governments, religious or charitable bodies, or other organisations or individuals, provided the identity of such advertisers is made clear, and the advertisements themselves are
(iii) The word “consumer” refers to any person who is likely to see an advertisement or a marketing communication.
clearly distinguished from any editorial matter in conjunction with which they may appear.
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II.
General Principles
4.2
1.
Decency
4.2.1 Advertisements should not contain any statements or visual presentation
1.1
Advertisements should not contain statements or visual presentations offensive to the standards of decency prevailing among those who are likely to be exposed to them.
2.
Claims
which directly or by implication, omission, ambiguity, or exaggerated claim, is likely to mislead the consumer about the product advertised, the advertiser, or about any other product or advertiser, in particular with regard to:-
Honesty
(i)
Characteristics such as nature, composition, method and date of
Advertisements should not be so framed as to abuse the trust of the
manufacture, fitness for purpose, range of use, quantity, and
consumer or exploit his lack of experience or knowledge.
2.1
commercial or geographical origin.
3.
Fear, Superstition, Violence, Illegality
3.1
Advertisements should not without justifiable reason play on fear.
3.2
Advertisements should not exploit the superstitious.
(ii) Value or total price actually to be paid.
(iii) Other terms of purchase, such as hire purchase and credit sale.
(iv) Conditions of delivery, exchange, return, repair and maintenance.
3.3
Advertisements should not contain anything which might lead or lend support to acts of violence or anti-social behaviour, nor should they
(v) The terms of any guarantee.
appear to condone such acts.
(vi) Copyright and industrial property rights such as patents, trade
3.4
Advertisements should not contain anything which might lead or lend
marks, designs and models, and trade names.
support to criminal, illegal or reckless activities, nor should they appear to condone such activities
(vii) Official or other recognition of approval, awards or medals, prizes or diplomas.
4.
Truthful Presentation
4.1
All descriptions, claims and comparisons which relate to matters of objectively ascertainable fact should be capable of substantiation, and advertisers
(viii) Scientific, statistical, or other research data quoted in advertisements should be neither misleading nor irrelevant.
and advertising agencies are required to hold such substantiation ready for production without delay to the Advertising Standards Authority of Malaysia.
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4.2.2 It is seldom possible to substantiate general claims by an advertiser that his
4.3
Value of Goods
product is of superlative quality (best finest) in a manner which is universally acceptable. Such claims, however are permissible under this Code,
4.3.1 So far as is relevant, the following provisions apply to claims as to the
provided that their inclusion in an advertisement does not create a false
value of service or facilities offered by way of advertisement as well as
impression concerning any quality possessed by the product which is
to the value of goods.
capable of assessment in the light of generally accepted standards of judgment.
4.3.2 Consumers should not be led to overestimate the value of goods whether by exaggeration or through unrealistic comparisons with other
4.2.3 Obvious hyperbole, which is intended to attract attention or to amuse,
goods or prices.
is permissible provided that it is not likely to be taken as a positive claim to superior or superlative status.
4.2.4 Where a substantial division of informed opinion exists or may reasonably be expected to exist, as to the acceptability of any evidence which is required to substantiate a claim in an advertisement, it should neither
4.3.3 Advertisers should be ready to substantiate any claim made as to the value in cash terms of goods offered at a lower price or free; and any saving to the consumer claimed to result from the offer of goods at a price lower than their actual value.
state nor imply that the claim is universally true or that it enjoys universal support, nor that it represents anything other than the advertiser’s opinion or of such other authorities as may be named.
4.3.4 Substantiation should be by reference to the actual price(s) at which identical goods, or goods of a directly comparable kind and quality, are generally available.
4.2.5 Advertisements should not misuse research results or quotations from technical and scientific literature. Statistics should not be presented as
4.3.5 Where a comparison is made between the respective cash values or
to imply that they have greater validity than is the case. Scientific terms
prices of goods which are not identical, the advertiser should clearly
should not be misused, and scientific jargon and irrelevances should
indicate that this is the case.
not be used to make claims appear to have scientific basis they do not possess.
4.3.6 Reference to recommended retail prices will not be accepted as substantiation for value of saving claims in the absence of information
4.2.6 Where advertisement claims are expressly stated to be based on, or supported by, independent research or assessment, the source and the
of the kind required in 3.10 as to the price at which the goods are currently on general sale.
date of this should be indicated. Where this is not possible, for whatever reason, such claims to independent support should not be made.
Where a claim relating to research or testing is based on the advertiser’s own work or work done at his request, it should be clear form the text of the advertisement that such is the basis of the claim.
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4.3.7 In calculating a notional retail value of goods which are exclusive to him,
4.5
“Up to…” and ”from…” claims
or for which no direct standard of comparison exists, the advertiser should add to the cost of the goods to him only a reasonable mark-up, bearing in mind the widespread availability of many goods at substantial
as up to X km per litre or prices from as low RMX.XX are not acceptable
discounts. He should also make clear that the advertised goods are
where there is a likelihood of the consumer being misled as to the
available only from him and that consequently the value claimed is his
availability or as to the applicability of the benefits offered. Such claims
own assessment and does not relate to the actual cost of similar goods.
4.4
4.5.1 Claims, whether as to prices or performance, which use formulae such
should not be used:
Use of the Word “Free”
(i)
When the price or other advantage claimed bears no relation to the general level of prices or benefits, and in particular where it does
4.4.1 Products should not be described as “free” where there is any cost to the
not apply to the goods or services actually advertised or to more
consumer, other than the actual cost of any delivery, freight or postage.
than an insignificant proportion of them.
Where such costs are payable by the consumer, a clear statement that this is the case should be made in the advertisement.
(ii) When the claims apply to spoiled or imperfect goods, or to goods or services, which are in some respect less complete, subject to
4.4.2 Where a claim is made that, if one product is purchased, another
greater limitations than the bulk of those on offer.
product will be provided “free”, the advertiser should be able to show that he will not be able immediately and directly to recover the cost of
4.6
Direct Supply
supplying the “free” product whether in whole or in part.
4.6.1 Claims that goods are available ‘direct from the manufacturer’ and the
4.4.3 In particular, an advertisement should in these circumstances make no
like are not acceptable where the advertiser cannot substantiate the
attempt to recover the cost to the advertiser of the product by such
implication that the consumer will benefit, usually in cash terms, from the
methods as the imposition of packing and handling charges, the inflation
elimination of one stage or more than in the normal process of distribution.
of the true cost of delivery, freight or postage, an increase in the usual price of the product with which the “free” product is offered, a reduction
4.7
Wholesale
in its quality, or quantity or otherwise.
4.7.1 No advertisement should state or imply that goods offered for retail are
4.4.4 A trial may be described as free although the consumer is expected to
being offered at wholesale prices unless the advertiser can prove that
pay the cost of returning the goods, provided that the advertisement
the prices in question are not higher than those which are currently sold
has made clear his obligation to do so.
to the retail trade.
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4.7.2 For the purpose of this ruling, a wholesaler is defined as a merchant who
6.3
Advertisements should not contain any statement that either expressly or by implication disparage any professions, products, services or
purchases stocks for supply to retailers and other classes of trade buyers.
advertisers in an unfair or misleading way.
5.
Comparisons
7.
5.1
Exploitation of Name or Goodwill
7.1
Advertisements should not make unjustifiable use of the name or any
Advertisements containing comparisons with other advertisers, or other products are permissible in the interest of vigorous competition and public
initials of any firm, company or institution.
information, provided they comply with the terms of the Code.
5.2
The subject matter of a comparison should not be chosen in such a way
7.2
to the trade name or symbol of another firm or its products, or the
as to confer an artificial advantage upon the advertiser or so as to suggest
goodwill acquired by its advertising campaign.
that a better bargain is offered than is truly the case.
7.3
5.3
Advertisements should not take unfair advantage of the goodwill attached
Attention is drawn to the provision governing the use of the Malaysian
Points of comparison should be based on facts which can be substantiated
Arms and Flag, and the National Anthem. Details may be obtained from
and should not be unfairly selected. In particular:
the offices of the Prime Minister or the Ministry of Arts, Culture and Heritage.
(i)
The basis of comparison should be the same for all the products being
8
Imitation
8.1
Advertisements should not be so similar in general layout, copy, slogans,
compared and should be clearly stated in the advertisement so that it can be seen that like is being compared with like.
visual presentation, music or sound effects to other advertisements as
(ii) Where items are listed and compared with those of competitors’
to be likely to mislead or confuse.
products, the list should be complete or else the advertisement should make clear that the items are only a selection.
8.2
Particular care should be taken in the packaging and labelling of goods to avoid causing confusion with competing products.
6.
Disparagement and Denigration
9.
6.1
Testimonials
9.1
Advertisements should not contain or refer to any testimonial or endorsement
Advertisements should not attack or discredit other products, advertisers or advertisements directly or by implication.
unless it is genuine and related to the personal experience over a reasonable
An advertisement should not contain derogatory remarks or innuendoes
period of time of the person giving it. Testimonials or endorsements
about any person or organisation. It must not criticise, directly or
which are obsolete or otherwise no longer applicable, (e.g. where there
inferentially, the Government of any country.
6.2
has been a significant change in formulation of the product concerned) should not be used.
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9.2
Testimonials themselves should not contain any statement or implication
9.8
Care should be taken, where a testimonial is given by a person with professional
contravening the provisions of this Code and should not be used in a
qualifications, that in indicating those qualifications the advertiser does not
manner likely to mislead.
cause the person giving the testimonial to transgress any regulations of the professional institution(s) to which he belongs.
9.3
Testimonials should not make any claim to efficacy which cannot justifiably be attributed to the use of the product and any specific or measurable results claimed should be fairly presented. Where ‘before’ and ‘after’ claims are made, they should be expressed and illustrated in such a way as to permit a fair comparison to be made.
10.
Protection of Privacy and Exploitation of the Individual
10.1 Advertisements should not, except in circumstances noted in 8.2(ii), portray or refer to by whatever means, any living person, unless their express
9.4
Where any testimonial contains an expression which conflicts with this Code, the advertiser may amend the testimonial so as to remove the source of conflict, provided that, in so doing, he does not distort the sense of original views expressed by the person giving the testimonial.
prior permission has been obtained. This requirement applies to all persons, including public figures and foreign nationals. Advertisers should also take note not to offend the religious or other susceptibilities of those connected in any way with deceased persons depicted or referred to in any advertisement.
9.5
Testimonials from persons resident outside Malaysia are not acceptable unless an indication of their address and country of residence is given in the advertisement.
This ruling does not apply to:(i)
9.6
Particular care should be taken to ensure that advertisements based upon fictitious characters are not so framed as to give the impression that real people are involved; in particular they should not contain ‘testimonials’ or
‘endorsements’ which may give such an impression. Where an illustration of a person is used in conjunction with a testimonial implying personal endorsement of the product, that person should be the person giving the testimonial.
The use of crowd background shots in which individuals are recognizable, provided that neither the portrayal, nor the context in which it appears, is defamatory, offensive or humiliating. However, an advertiser should withdraw any such advertisements if a reasonable objection is received from a person depicted;
(ii) Advertisements for books, films, radio or television programmes, press features and the like in which there appear portrayals or references to individuals who form part of their subject matter;
9.7
14
Advertisers and their agencies should hold ready for inspection by the
Advertising Standards Authority Malaysia, copies of any testimonials used in advertising. Such copies should be signed and dated by the persons providing the testimonials, and should confirm what is said in any advertisement. When an advertisement containing a testimonial is submitted for the first time for publication, a copy of the testimonial statement, for the publisher’s retention, should accompany the advertisement.
(iii) To police or other official notices; and
(iv) The rare occasions when in the opinion of ASA the reference and portrayal in question is not inconsistent with the subject’s right to a reasonable degree of privacy, and does not constitute an unjustifiable commercial exploitation of his fame or reputation.
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11.
Safety
12.4 Phrases such as ‘satisfaction guaranteed’, ‘unconditionally guaranteed’ and the like which are not specific as to terms, duration and limitation on
11.1 Advertisements should not, without justifiable reason, show or refer to
availability, may be used only where a full refund will be given, at the
dangerous practices or manifest a disregard for safety. Special care
option of the purchaser, throughout the reasonably anticipated life of the
should be taken in advertisements directed towards or depicting
product, against any defect or damage arising as a result of the fault of
children or young people.
the manufacturer or retailer.
12.
Guarantees
13.
Money-Back Undertakings
12.1 Advertisements should not contain any reference to a ‘guarantee’ or
13.1 Neither guarantee or warranty, nor any word derived in either should be
‘warranty’ which takes away or diminishes any rights which would
used in an advertisement to describe or refer to an undertaking, the
otherwise be enjoyed by consumers; purport so to do; or may be
substance of which is merely to refund the price of a product within a
understood by the consumer as so doing.
brief trial period to dissatisfied purchasers. Where such an undertaking is given in an advertisement the time within which claims must be made
12.2 Where an advertisement expressly offers, in whatever form, a guarantee or
by the consumer should be clearly stated and should make due allowance
warranty as to the quality, life, composition, origin, duration, etc. of any
for the time taken for delivery and return of the product.
product, the full terms of that guarantee should be available in printed form for the consumer to inspect and, normally, to retain before he is
14.
Stridency
committed to purchase.
14.1 No advertisements should utilise disturbing or irritating sound effects where the use of sound is incorporated.
12.3 Even if there is a money back undertaking, (for which see 11 below) words like ‘guarantee’, ‘guaranteed’, should not be used merely to emphasise that a factual description is true, e.g. guaranteed pure orange juice;
15.
Sensitivities
guaranteed to contain 20% protein. Nor should the words be used merely for colour, e.g. guaranteed goodness; guaranteed satisfaction.
Otherwise the term is validly used in cases where a material remedial
15.1 No advertisement should make any irrelevant references to any name, incident, concept or religious significance.
action is offered additional to that already required by law or accepted trade practice, or where it is clearly used colloquially, not importing any obligation. e.g. guaranteed to brighten the dullest room.
15.2 No advertisement should contain statements or suggestions which may offend the religious, political, sentimental or racial susceptibilities of any community.
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15.3 No attempt should be made to exploit any abnormal national or international events or conditions.
18.2 There is an obligation on all concerned with the preparation and/or publication of an advertisement to ensure that anyone who looks at the advertisement is able to see, without looking at it closely, that it is an
16.
Subliminal Advertising
16.1 No advertisements may include any technical device which, by using images of very brief duration or by any other means, exploits the possibilities of conveying a message to, or otherwise influencing the
advertisement and not an editorial matter.
18.3 In the case of a single advertisement, the following guidelines should apply:(i)
If the advertisement occupies less than half a page, it should be boxed-
mind of, members of an audience without their being aware, or fully
17.
in completely; or half-page or more, separated from any adjacent
aware, of what has been done.
matter by a distinct border.
Outdoor
(ii) By-lines naming staff journalists should not be used. It is, however, permissible to publish by-lines naming experts and well-known
17.1 Posters or billboards (except those under the auspices of government or other recognized bodies) are prohibited, if such posters and billboards:(i)
depict murder, scenes of terror, horror or acts of violence;
public figures.
(iii) Particular care should be taken wherever the size and style of type in the advertisement is the same as or closely resembles that of the editorial matter.
(ii) are calculated to demoralize, or could be held to extenuate crime or incite its commission;
18.4 Where paid-for space is in the style of editorial, whether paid for by the same or different advertisers, particular care is needed to ensure that no
(iii) depict or refer to indecency, obscenity, nudity or striptease;
(iv) are likely, through wording, design or possible defacement, to offend the travelling public.
part can be mistaken for editorial matter. The word ADVERTISEMENT should stand alone, at the head of the advertisement in such size and weight and type as to be easily seen.
18.5 As a general rule, where an advertisement or series of advertisements paid
18.
Identification of Advertisements
for by the same organization or by organizations under the same control extends over more that one page, the word ADVERTISEMENT
18.1 Advertisements should be clearly distinguishable as such, whatever their
should be printed at the head of each page in such a way that a reader
form and whatever the medium used. When an advertisement appears
cannot fail to see it. Similarly where a supplement is paid for wholly by
in a medium which contains news, editorial or programme matter it
an advertiser or advertisers, it should normally be headed in bold letters
should be so designed, produced and presented that it will be readily
with the words ADVERTISING FEATURE, and carry the word(s)
recognized as an advertisement.
ADVERTISEMENT or ADVERTISING FEATURE at the head of each page.
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18.6 No guidance can cover every case. It may not be enough merely to
21.
Inertia Selling
follow to the letter what is said above. It may also be necessary to look again at each advertisement to see whether it is clearly distinguishable
21.1 If it is established that an advertiser is using his advertisements as a
from the editorial content of the publication to ensure that it is.
19.
mean of furthering the practice of supplying unsolicited goods, for which payment is later to be demanded, his advertisement should no
Switch Selling
longer be accepted.
19.1 Direct sale advertising is that placed by an advertiser with the intention that the products or services advertised, or some other products or
22.
Non-Availability of Advertised Products
services, should be sold or provided at the home of any person responding to the advertisement.
22.1 Advertisements should not be submitted for publication unless the advertiser has reasonable grounds for believing that he can supply any
19.2 Direct sale advertisements are not acceptable without adequate assurances from the advertiser and his advertising agency that the products advertised will be available at the price stated in the advertisement within a reasonable time to be specified by the advertiser from stock sufficient to meet potential demand; and that sales representatives when calling upon persons responding to the
demand likely to be created by his advertising.
22.2 In particular, no attempt should be made to use the advertising of unavailable or non-existent products as a means of assessing likely public demand, should such a product be offered in the future.
advertisement will demonstrate and make available for sale the products advertised.
22.3 Where it becomes clear that an advertised product is not available, (in circumstances where the public are not likely to assume from advertising
19.3 It will be taken as prima facie evidence of misleading and unacceptable
its ready availability) immediate action should be taken to ensure that
bait advertising for the purpose of switch selling if an advertiser’s
further advertisements for the product are promptly amended or withdrawn.
salesman seriously disparages or belittles the cheaper article advertised or indicate unreasonable delays in obtaining delivery or otherwise places difficulties in the way of its purchase.
20.
Unsolicited Home Visits
20.1 Where it is the intention of an advertiser to send a representative to call on respondents to his advertisement such fact must be apparent from the advertisement or from any particulars subsequently supplied; and the respondent must be given an adequate opportunity of refusing any such call.
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III.
Appendices on Specific Categories of Advertisements
(i)
They should not be encouraged to enter strange places or talk to strangers. Care is needed when they are asked to make collections,
APPENDIX A - Children and Young People
enter schemes or gather labels, wrappers, coupons and the like
Advertisements addressed to children and young people or likely to be
(ii) They should not be shown in hazardous situations or behaving
seen by them, should not contain anything which might result in
dangerously in the home or outside except to promote safety. They
harming them physically, mentally or morally or which might exploit their
should not be shown unattended in street scenes unless they are
credulity, lack of experience or natural sense of loyalty.
1.
old enough to take responsibility for their own safety. Pedestrians any cyclists should be seen to observe the Highway Code;
2.
The way in which children perceive and react to advertisements is influenced by their age, experience and the context in which the message is delivered. ASA will take these factors into account when
(iii) They should not be shown using or in close proximity to dangerous substances or equipment without direct adult supervision
assessing advertisements.
(iv) They should not be encouraged to copy any practice that might be
3.
Children are not a homogeneous group but have varying levels of maturity and understanding. Care need to be taken that the product advertised and style of advertisement are appropriate for the audience to whom it is primarily directed.
4.
Advertisements targeted at children must be clearly recognizable as such and separated from editorial, programs or other non-advertising material. If there is any reasonable likelihood of advertisements being confused with editorial or programme content, they should be clearly
unsafe for a child
(v) Advertisement should not by implication, omission, ambiguity or exaggerated claim mislead or deceive or be likely mislead or deceive children, abuse the rust of or exploit the lack of knowledge of children, exploit the superstitious or without justifiable reason play on fear;
(vi) They should not be made to feel inferior or unpopular for not buying the advertised product
labelled “advertisement” or otherwise identified in a clear manner.
(vii) They should not be made to feel that they are lacking in courage,
5.
Advertisements addressed to, targeted at or featuring children should
duty or loyalty if they do not buy or do not encourage others to buy
contain nothing that is likely to result in their physical, mental or moral
a particular product
harm in particular:(viii) It should be made easy for them to judge the size, characteristics and performance of any product advertised and to distinguish between real-life situations and fantasy
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(ix) Parental permission should be obtained before they are committed
(xvi) All advertisements related to children should not encourage excessive
to purchasing complex and costly goods and services
purchases in order to participate in events. If there is reference to a competition for children in the advertisement, the value of prizes
x) They should not be encourages to make a nuisance themselves to
and the chances of winning one must not be exaggerated
parents or others and Advertisements should also not undermine the role of parents in educating children to be healthy and socially
xvii) Advertisements soliciting responses incurring a fee to telephone or
responsible individuals.
text should state, “children ask you parents first” or similar words.
xi) Persons, characters or group who have achieved particular celebrity
xviii) Extreme care should be taken in requesting or recording the names,
status with children shall not be used in advertisements to promote
addresses and other personal details of children to ensure that
food or drinks in such a way so as to undermine the need for
children’s privacy right are fully protected and the information is not
healthy diet, taking into account Food and Nutrition Guidelines for
used in an inappropriate manner.
children.
6.
(xii) Advertisements should not make a direct appeal to purchase unless the product is one that would be likely to interest children and that
All advertisements must bear in mind and comply with Food, Nutrition and other Guidelines for children issued by the Government of Malaysia or Industry Bodies within the country.
they could reasonably afford. Mail order advertisers should take care not to promote products that are unsuitable for children
(xiii) Advertisements should not exaggerate what is attainable by an ordinary child using the product being advertised or promoted;
(xiv)Advertisements should not actively encourage children to eat excessively throughout the day or to replace main meals with confectionery or snack foods;
(xv) Advertisements should not exploit children’s susceptibility to charitable appeals and should explain the extent to which their participation will help in any charity-linked promotions; and
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APPENDIX B - Medicinal and Related Products and Advertisements
3.2
Containing Health Claims
Individual advertisements published by or under the authority of a
Government Ministry or Department and advertisements addressed directly to registered medical or dental practitioners, pharmacists, registered
1.
Preamble
1.1
Special care should be taken by advertisers to ensure that the spirit, as
medical auxiliaries or nurses, are excluded from the application of such of the restrictions within this section of the Code as are from time to time considered inappropriate, bearing in mind the source of the
well as the letter of the Code, is scrupulously observed.
2.
addressed; provided always that such advertisements conform in every
Interpretation
2.1
advertisement or the professional qualifications of those to whom it is
The word “product” in this appendix is to be taken as referring also to treatments and courses of treatment and to medical devices, except
respect to the provisions of the Code.
3.3
There should not appear in any advertisement of any food for sale the words “recommended by the Medical Profession” or any word or words
where the context does not permit, or as expressly provided otherwise.
or other representations which imply or suggest that the food is
3.
3.1
This section of the Code applies to the following categories of
recommended, prescribed or approved by medical practitioners.
Scope
3.4
Lembaga Iklan Ubat, Kementerian Kesihatan.
advertisements:
(i)
Those for medicines, medical or surgical treatment and medical devices
(ii) Those for toiletry and other products which claim or imply
All advertisements containing medical claims must be approved by
4.
Impressions of Professional Advice or Support
4.1
Claims of medical or other professional support for any product whether
therapeutic or prophylactic qualities
in copy or illustration, or otherwise, should be substantiated and the extent of such support should not be exaggerated in any way.
(iii) Those for any product, which is advertised, whether wholly or in part, upon the basis that it may improve, restore or maintain the user’s health or his physical or mental condition
4.2
Detailed evidence should be held ready for supply to the Advertising
Standards Authority Malaysia in support of any reference to tests, whether carried out by the advertiser or otherwise.
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4.3
Reference to tests, trials, research, doctors’ preferences or prescribing
4.7
Advertisements should not refer to any ‘College’, ‘Hospital’, ‘Clinic’,
habits or the use of the product or treatment in hospitals, clinics and the
‘Institute’, ‘Laboratory’, or similar establishment unless there exists a
like may only be used if they are fully substantiated. References to tests
bonafide establishment corresponding to the description used, which
or trials conducted in a named hospital or by a named professional or
is under the regular and effective supervision of a registered medical
official organisation are permissible only if authorised and approved by
practitioner or other person holding an appropriate recognised qualification.
Such reference should also clearly state if the establishment is connected
the authority of the hospital or other organisation concerned. Moreover,
in any way with the product being advertised.
they are acceptable only if the study and findings have been openly published in a peer-reviewed scientific or medical journal.
4.8
No address, title or description which may imply that a product emanates from any hospital or official source, or is other than a proprietary
4.4
Where reference is made in an advertisement to a test or other research
product, is acceptable for advertising unless substantiation is available
which has been carried out other than by an independent organisation or
from the advertiser.
without independent medical supervision, this fact should be clearly indicated. Moreover, such test or research is acceptable only if the
4.9
Visual and/or audio representation of doctors, dentists, pharmaceutical
study and findings have been openly published in a peer-reviewed
chemists, nurses, midwives etc. which give the impression of professional
scientific or medical journal.
advice or recommendation should not be used.
Professional journals should not be named or quoted without permission,
4.10 No statements should be used giving the impression of professional advice
and references to such journals should not give any unjustified
or recommendation made by persons who appear in the advertisements
impression of professional support. Only peer-reviewed journals may be
and who are presented either directly or by implication, as being qualified
quoted in this regard.
4.5
to give such advice or recommendation. To avoid misunderstanding about the status of a presenter of a medicine or treatment, it may be
4.6
References to doctors, dentists, nurses and the like contained in any advertisement should refer only to those registered in Malaysia unless it is made clear that the person referred to is not so registered and are acceptable only when the relevant Professional Body confirms in writing
necessary to establish positively in the course of an advertisement that the presenter is not a professionally qualified adviser.
4.11 No reference may be made to any hospital test unless the Ministry of
Health is prepared to vouch for its validity.
that such reference does not contravene its ethical code.
4.12 Prescription Drugs: Drugs requiring medical prescription should not be advertised. 28
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5.
Unacceptable General Claims
5.5
Encouragement of excess
5.1
Cure
5.5.1 No advertisement should encourage, directly or indirectly, indiscriminate, unnecessary or excessive use of products within the scope of this section of the Code.
5.1.1 No advertisement should employ any words, phrases or illustration which claim or imply the cure of any ailment, illness or disease, condition, disability or infirmity affecting the body as distinct from the relief of its symptoms.
5.2
5.6
Exaggeration
5.6.1 No advertisement should make exaggerated claims, in particular through the selection of testimonials or other evidence unrepresentative of a
Diagnosis, Prescription or Treatment
effectiveness, or by claiming that it possesses some special property or quality which is incapable of being established.
5.2.1 No advertisement should contain any offer to diagnose, advise, prescribe or treat by correspondence
5.6.2 Advertisements should not contain copy which is exaggerated by reason of the improper use of words, phrases of methods of presentation e.g.
5.2.2 No advertisement should refer to any skill or service relating to the
the use of the words ‘magic’, ‘magical’, ‘miracle’, ‘miraculous’ etc.
treatment of any ailment, disease, injury or condition affecting the human body so as to induce any person to seek the advice of the
5.7
Refund of Money
advertiser or any person referred to in the advertisement.
5.7.1 No advertisement should contain any offer to refund money to dissatisfied
5.3
users of any product within the scope of this section, other than
Appeals to Fear
appliances or therapeutic clothing.
5.3.1 Advertisements should not contain any statement or illustration likely to induce fear on the part of the reader, viewer or listener that he is suffering, or may without treatment suffer, or suffer more severely, from an ailment, illness or disease.
5.8
Testimonials
5.8.1 No advertisement for a medicine or treatment should include a testimonial by a person well known in public life, sports, entertainment, professional bodies, etc.
5.4
Conditions Requiring Medical Attention
5.8.2 No advertisement should rest on claims that a product does not
5.4.1 No advertisement should offer any product or service for a condition
contain a given ingredient which is in common use in competitive
which needs the attention of a registered medical or other qualified
products in any way which may give the impression that the ingredient
practitioner.
is generally unsafe or harmful.
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5.9
Competitions
5.9.1 Advertisements for medicines, treatments and appliances should not
6.4
6.4.1 Advertisements should make no claims for products taken by mouth
contain any reference to a prize competition or similar scheme.
5.9.2 An advertisement relating to goods for therapeutic use should not
Anti-Perspirants and Deodorants
which claim body deodorant effect.
6.4.2 Advertisements for anti-perspirants should not make exaggerated
contain any offer of a free sample.
claims to keep skin dry either absolutely, or for a specific period.
6.
Unacceptable Claims: Particular Products
6.5
6.1
Particular attention is drawn to the diseases and condition listed in
6.5.1 No advertisement for any product in these categories should claim or
Appendix Q to which no or limited reference may be made and the
Antiseptics, Germicides and Disinfectants
imply that:
provisions contained therein.
(i) It offers complete protection against disease, or the danger of
6.2
Abortifacients
infection.
6.2.1 Advertisements should not claim or imply that any products, medicines
(ii) It is a substitute for cleanliness.
or treatment offered therein will induce miscarriage.
6.5.2 Advertisements should not exaggerate the dangers of the presence of
6.3
germs in the normal domestic situation.
Analgesics
6.3.1 Advertisements for analgesics should not make exaggerated claims
6.6
Bust Developers
about the speed with which a product can relieve pain.
6.6.1 Advertisements for preparation and devices purporting to promote
6.3.2 Advertisements should not make exaggerated claims or implications
enlargement of the breasts are not acceptable.
about the certainty and speed with which the product can relieve the symptoms of the common cold or influenza, or reduce a fever or a raised body temperature.
6.6.2 Exercise and courses including exercise which may have an incidental effect on the bustline, may not be advertised in such a way as to place a predominant emphasis on any effect of improving, increasing or enlarging the bustline.
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6.7
Contraceptives and Birth Control
6.11
Gargles
6.7.1
There is no objection under the Code to the advertising of contraceptive
6.11.1 Antiseptic gargles should not be presented as cough treatment.
methods, either in general or in particular, provided a reference is made in appropriate cases to the fact that certain methods are
6.12
Ginseng
available only on prescription.
6.12.1 No claims may be made in any advertisement which is based upon
6.7.2
the inclusion in the advertised product of ginseng.
The effectiveness or safety of particular methods in comparison with others should not be exaggerated.
6.8
Corns
6.8.1
6.13
Products for the removal of corns may be advertised subject to
Hay Fever and Other Allergic Conditions
6.13.1 Advertisements referring to hay fever or other allergic conditions causing coughs, sneezing or catarrh may not suggest that the product will clear up the condition itself unless it contains the
medical approval of the product for this purpose.
appropriate antigens or be universally effective against the condition or allergy. Claims for products which do not contain antigens should
6.9
Cosmetics
6.9.1
Claims that a product contains special properties should be supported
be limited to the temporary relief of symptoms.
6.14
Headaches
by acceptable evidence that the ingredient is indeed beneficial for the purpose referred to.
6.14.1 Advertisements should not claim or imply that the product advertised is suitable for the treatment of serious, frequent or regular attacks.
6.9.2
Advertisements should not contain any claim or implication that any
This does not preclude claims that analgesic products may relieve
preparation will promote rejuvenation of the skin or muscles or that
the symptoms of migrainous headaches.
hormones or vitamins remove or delay the formation of wrinkles.
6.14.2 Advertisements should not encourage people to take medicines of
6.10
Depilatories
any kind before headaches so as to prevent it.
6.10.1 Advertisements for ‘electric pencils’ and similar products, offered for
6.14.3 No product may be advertised as a course of treatment for headaches.
lay use, are unacceptable, as are claims for products the effectiveness
This does not preclude incidental reference to headaches in
of which is claimed to be based upon their ‘radioactive’ properties.
advertisements for products containing iron, which may be offered as a short course of treatment for women whose diet may sometimes be deficient in this mineral.
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6.15
Hearing Aids
6.15.1 Where an advertisement states the price of a hearing aid, the
6.17
Height Increase Courses
6.17.1 Advertisements for products or courses of treatment purporting to
advertisement should specify the upper and lower limits of its overall
increase height are not acceptable.
price range.
6.17.2 The ruling does not apply to advertisements for ‘elevator’ shoes and
6.15.2 The names of hearing aids should not in themselves exaggerate the
similar products.
product’s effectiveness (e.g. such name as ‘Magic Sound’ and
‘Miracle Ear’ are not acceptable)
6.17.3 General courses of physical development, one consequence of which may be to increase the apparent height through improvement of posture,
6.16
Hearing Aid Exhibitions
may not be advertised in such a way as to place predominant emphasis upon increasing the height.
6.16.1 Advertisements for such exhibitions should only be accepted where the organiser has given an undertaking that :
6.18
(i) He will ensure the presence of at least one registered dispenser at
6.18.1 For the purpose of this Code claims made for herbal and homeopathic
all times throughout the period the exhibition is open;
Herbal, Homeopathic and Acupuncture Remedies
products and acupuncture treatment will be assessed in the light of expert opinion. No claims will be acceptable in advertisements by non-
(ii) He will offer for inspection a comprehensive range of models of
orthodox practitioners, or for products based upon their principles,
hearing aids; and
which would not be allowed to orthodox practitioners or products based upon orthodox principles nor should any advertisement by or for non-
(iii) He will make available for purposes of testing at least one pure
orthodox products or practitioners seek to cast doubt on, or claim
tone and one speech audiometer.
6.16.2 The full name and address of the advertiser’s head office should be
superiority to, orthodox practitioners or products.
6.19
Hypnosis, Hypnotherapy, Psychology, Psychoanalysis or Psychiatry
prominently stated in any advertisement for a hearing aid show or exhibition, and no impression should be given that such events are other than commercially promoted.
6.19.1 Advertisements addressed to the general public should be restricted to visiting card particulars only, i.e. name, address and telephone number, hours of consultation, description of professional status,
e.g. hypnotherapist.
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6.20
Hormones and Cell Extracts
6.24
Polyunsaturated Fats
6.20.1 Advertisements addressed to the general public should not contain
6.24.1 Advertisements addressed to the general public for food
any exaggerated claim to efficacy based merely upon the fact that a
products (or food supplements) containing polyunsaturated fats or
product includes hormones or animal cell extract.
polyunsaturated fatty acids should not contain any claim that the inclusion of such fats in the diet or their substitution for other fats of
6.21
Indigestion Remedies
6.21.1 References to nausea, lack of appetite or aversion to food, which may
different chemical constitution offers any specific health benefit.
6.25
well be symptoms of more serious conditions, are unacceptable in
Pregnancy Advisory Services and Counselling, Pregnancy
Testing, Sterilisation, Vasectomy.
connection with claims for indigestion remedies.
6.25.1 Advertisements for services offering advice on abortion may not
6.21.2 Advertisements on infant food should at all times promote breast
be accepted. Advertisements offering advice on sterilisation and
feeding as the choice form of feeding for infants and at no instance,
vasectomy must have the clearance of the Ministry of Health.
should artificial infant feeding be implied as the preferred form of feeding over breast feeding.
6.25.2 No advertisement should contain a reference to pregnancy-testing unless the advertiser has received the clearance of the Ministry of
6.22
Laxatives
Health. Advertisements for pregnancy-testing services which have received clearance are acceptable only in the form prescribed when
6.22.1 Laxatives should not be advertised for habitual or indiscriminate use,
clearance is given.
for the relief of abdominal pain or backache, for any benefit to complexion or appearance, or for the relief of indigestion, other than
6.25.3 Advertisements for pregnancy test kits for home use may be
abdominal discomfort owing to constipation.
6.23
Piles (Haemorrhoids)
6.23.1 Advertisement should not contain any offer of products for the treatment of haemorrhoids unless the directions for use on the
acceptable, subject to the approval by the Ministry of Health.
6.26
Prescribed Drugs
6.26.1 Drugs requiring medical prescription should not be advertised except as permitted by Law.
container itself or its labels include advice to the effect that persons who suffer from haemorrhoids should consult a doctor.
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6.27
Prevention of Ageing
6.29.4 Advertisements should not contain any claims for the relief of backaches and rheumatic pains based upon the urinal antiseptic
6.27.1 No advertisement should contain any claim for rejuvenation or the
properties of the products advertised.
prevention of ageing or that the process of ageing can be retarded based upon a product’s procaine or any other content.
6.28
6.30
Protein Claims
6.30.1 No products which are poisons within the meaning of Poisons Act
Scheduled Poisons
1952 should be advertised.
6.28.1 Protein claims in food advertising must conform to the Food Act 1983 and Food Regulations 1983.
6.28.2 References to proteins in other advertisements should avoid giving
6.31
Toothpastes and Other Similar Products
6.31.1 Prevention of Decay
any impression that their inclusion in non-food products offers any nutritive benefit.
(i) Fluoride Toothpastes
Certain formulations containing fluoride have been shown by
6.29
Rheumatic and Allied Pains
independent medical research to reduce the incidence of tooth decay in children. Claims made for such products should not
6.29.1 Advertisements may not refer to any medicine, product, appliance or
exaggerate the result or applicability of such research. Claims as
device in terms calculated to lead to its use for the treatment of any
to the effectiveness of such product should also be related to the
form of arthritis, or chronic or persistent rheumatism.
need to brush the teeth regularly.
6.29.2 There is no generally accepted evidence that bangles (or other objects
(ii) Other Toothpastes
to be worn or carried) can alleviate rheumatic or muscular pains, and
Claims may indicate that regular brushing with the toothpaste
such claims for them are not acceptable.
may help fight tooth decay.
6.29.3 Bath additives may be offered to encourage the taking of hot baths
6.31.2 Hygiene
for their soothing effect on muscular pain or stiffness, but no claims should be made, such as references to spa water, which suggest that the additives themselves provide any medical benefit.
(i) Bad Breath
It should not be claimed that a toothpaste or other product will completely destroy bacteria causing mouth odour or that it will provide long lasting freedom from mouth odour.
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(ii) Food Particles
6.32.2 No advertisement addressed to the general public is acceptable for
No advertisement for a toothpaste, chewing gum or tablets intended
a vitamin preparation which contains folic acid in quantities which
to clean the teeth should suggest that the product will remove all
may cause it to have the effect of masking symptoms of pernicious
food particles from the teeth or gums. It should not be claimed
anaemia.
that chewing gum or tablets can take the place of brushing after meals.
6.32.3 Iron preparations: products offered for the symptoms of nutritional iron deficiency should provide an appropriate dosage of iron.
6.32
Vitamins and Minerals
6.32.1 Advertisements should not state or imply that good health is likely to be endangered solely because people do not supplement their diets
6.33
Sexual Weakness and Loss of Virility
6.33.1 Advertisements should not suggest or imply that any product, medicines or treatment offered therein will promote sexual virility or
with vitamins. In particular no advertisement for a product containing
be effective in treating sexual weakness or habits associated with
vitamins or minerals should make any claims that:
sexual excess or indulgence, or ailment, illness or disease associated with such habits.
(i) There is evidence of general or widespread vitamin or mineral deficiency. (ii) A full varied and properly prepared diet needs to be supplemented by vitamin or mineral products.
(iii) Good looks and good health are better maintained or that irritability,
‘nerviness’ and lack of energy can be avoided merely through the consumption of additional vitamins and minerals.
(iv) The application of vitamins to the skin is in any way beneficial.
(v) The inclusion of vitamins in suntan lotions has any effect either in promoting suntan or preventing sunburn.
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APPENDIX C - Advertising for Alcoholic Drinks
7.
Advertisements should not suggest that any alcoholic drink has therapeutic qualities or can enhance mental, physical or sexual capabilities, popularity,
1.
The alcoholic drinks industry and the advertising business accept
attractiveness, masculinity, femininity or sporting achievements.
responsibility for ensuring that advertising is always socially responsible and that their advertisements should not seek to:
8.
Advertisements may give factual information about the alcoholic strength of a drink but this should not be the dominant theme of any advertisement.
(i)
Encourage excessive consumption and over indulgence and nor
Alcoholic drinks should not be presented as preferable because of their
suggest that drinking can overcome boredom, loneliness or other
high alcohol content or intoxicating effect.
problems; and
9.
The content of advertisements should never associate drink with driving. (ii) Exploit those who are especially vulnerable because of age, inexperience or any physical, mental or social incapacity.
10.
2.
Advertisements should not portray drinking alcohol as the main reason for the success of any personal relationship or social event.
Normally, children should not be portrayed in advertisements for alcoholic drink; however, in a scene where it would be natural for them to be present (e.g. a family situation), they may be included, provided that it
11.
Drinking alcohol should not be portrayed as a challenge, nor should it be suggested that people who drink are brave, tough or daring for
is made clearly that they are not drinking alcoholic beverages.
doing so.
3.
Advertisements should not be directed at young people nor in any way encourage them to start drinking. Anyone shown drinking should
12.
obviously be over 18.
Particular care should be taken to ensure that advertisements for sales promotions requiring multiple purchases do not actively encourage excessive consumption.
4.
Advertisements should not be based on a dare or impute any failing to those who do not accept the challenge of a particular drink.
13.
Advertisements should not depict activities or locations where drinking alcohol would be unsafe or unwise. In particular, advertisements should
Advertisements should not emphasise the stimulant, sedative, or
not associate the consumption of alcohol with operating machinery,
tranquillising effects of any drink.
5.
driving, any activity relating to water or heights, or any other occupation that requires concentration in order to be done safely.
6.
Advertisements should not give the general impression that a drink is being recommended mainly for its intoxicating effect; or that drinking is necessary for social success or acceptance.
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APPENDIX D - Advertising for Slimming Products and Services
2.
Weight loss
1.
Introduction: What is Slimming?
2.1
General Principles
1.1
There is a good deal of confusion about slimming, about what given products
2.1.1 References to weight loss are to be taken as referring also to weight
can do, about whether some products work at all; and about the claims
limitation and control. Weight limitation or control, by preventing the
which are made for those products that can be shown to work effectively.
re-accumulation of excess fat, are also common objectives.
1.2
All advertisers, agencies and media are reminded that advertisements must conform not only to this Appendix but also the letter and spirit of all other relevant sections of the Code.
1.3
All advertising offered for publication on either a weight loss or a figure control platform has to be checked by publishers before it can be accepted for publication. To facilitate this prepublication checking, no new ‘slimming’ copy should be submitted unless at least 7 days are available for checking by media.
1.4
When a new product or new formulation is introduced or when new claims
2.1.2 The only way for a person to lose weight, other than temporarily, is taking in less energy (calories) than the body is using, i.e. burning up the excess fat the body has stored. A diet is the only practicable selftreatment for achieving a reduction in this excess fat.
2.1.3 Diet plans, and aids to dieting of the kinds dealt with below, are therefore the products which may be offered in advertisements as capable of effecting any loss in weight. Claims, whether direct or indirect, that weight loss or slimming can be achieved by any other means are not acceptable in advertisements addressed to the public.
are made for an existing product, the advertiser or agency should submit full substantiation for all new claims at the same time as the copy
2.1.4 Temporary weight loss can be achieved by the expulsion of water
or illustrations for the proposed advertisement, otherwise delays may
from the body. This may not be represented in advertisements as a
be expected. Independent testimony will be required from medical
method of slimming.
practitioners registered in Malaysia as to any physiological effects claimed.
Testimonials from users of a product do not constitute substantiation.
2.1.5 Overweight in young people is sometimes associated with a defective action of the glands and they should be advised to consult their
1.5
The advertiser must ensure that his audience is entirely clear which of
doctors before embarking upon a slimming diet.
the possible ways of achieving ‘slimness’ is provided or helped by his product. The word ‘slim’ is used, so far as human beings are concerned,
2.1.6 Obesity is a condition requiring medical attention and treatment. No
to cover quite different basic situations: losing weight, and controlling
claims referring to obesity should be made in advertisements directed
the figure so as to achieve an impression of slimness either by the
to the public.
strengthening of muscles or by the wearing of garments.
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2.1.7 There may be many reasons for being overweight, either medical or
2.3.2 Any diet provided in conjunction with diet aids, whether on pack, in
physical. Dieters should be advised, in either the advertisement or
advertisements or otherwise, will be required to conform to the advice
packaging, to consult their doctors before embarking upon a
given above on diet plans, and details of the diets proposed should
slimming course.
therefore be enclosed, with appropriate substantiation, when clearance of advertising is being sought.
2.2
Diet Plans
2.3.3 Advertisements for diet aids should also conform to the advice given
2.2.1 Evidence will be required from the advertiser to show that the
above as to the non-acceptability of certain claims for the individual
suggested diet(s) will provide adequate amounts of proteins, vitamins
effectiveness of specific foods or other diet ingredients.
and minerals, and that the diet is capable of achieving the results claimed for it, when followed by the kind of person for whom it
2.3.4 Where a claim made in an advertisement or on a label that any food is
is intended.
an aid to slimming; it must be substantiated, and a statement must be included that the food cannot aid slimming except as part of a diet in
2.2.2 No claim, direct or indirect, should be made in advertisement for a diet
which the total intake of calories is controlled, whether by calorie
that it contains any ingredient which in itself has the property of
counting, low carbohydrate/high protein or other means.
hastening the process of weight loss There is no ground for supposing that any specific foods have particular properties which speed up the
2.4
Foods
metabolic processes which cause excess fat to be ‘burnt up’ and thus weight to be lost.
2.4.1 Advertisements for foods offered as diet aids should give a quantitative statement of the ingredients contained in it on which the claim of special suitability is based.
2.2.3 Advertisements for ‘crash’ diets are unacceptable.
2.3
Aids to Dieting - General
2.4.2 Particular care should be taken to ensure that the advertisements for meal substitute do not imply that these products are effective if eaten
2.3.1 Diet aids, such as foods, food substitutes, or appetite depressants,
in addition to normal meals rather than instead of them.
may not be advertised except in terms which make clear that they can only be effective when taken in conjunction with or as part of a
2.5
Appetite Depressants
calorie controlled diet. Due prominence should be given in all advertisements to the part played by the diet.
2.5.1 Advertisements for appetite depressants should make clear how they work and will only be regarded as acceptable when adequate evidence has been provided by advertisers that the product is safe and effective
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at the level of consumption as suggested.
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2.5.2 Claims for the effect of appetite depressants should not be expressed
3.2.2 Exercise only operates slowly to improve muscle tone. Claims for exercise products therefore should not suggest dramatic improvements
in terms of food equivalent e.g. equal to two eggs.
over short periods.
2.6
Weight Loss Products in General
3.2.3 Some exercise programmes may impose strains from which the health
2.6.1 No ‘weight loss’ products should be advertised on the basis of claims
of particular individuals might suffer. Advertisements for such products
such as ‘Eat as much as you like’, ‘Eat, eat, eat!’, ‘Eat and get slim’
may be required to include advice to purchasers to check with a
or anything similar tending to remove due emphasis from the primary
doctor the advisability of their undertaking the exercises proposed.
importance of maintaining a balanced calorie-control diet.
3.2.4 The effect of this category of product may not be described by the use
3.
Figure Control
of the word ‘slim’. Where the name of the product itself, or of the manufacturer, contains the word ‘slim’, either alone or in combination,
3.1
General Principles
particular care should be taken in the copy to avoid any misunderstanding by the suggestion of possible weight loss benefits.
3.1.1 Figure control may be achieved in two ways: exercise and garments
(e.g. corsets).
3.3
Garments
3.1.2 It is possible by exercise to add strength to muscles and thus to aid
3.3.1 Advertisers of corsets and similar products should always take particular
their ability to decrease bulges which may develop where the muscles
care that no hint or suggestion occurs in either copy or illustration which
are slack. An improvement in posture may also benefit the figure.
might lead a reader to suppose that these products make any
Exercise may be active or passive.
contribution to weight loss. Nor should there be any suggestion that they confer any permanent, physiological benefits comparable to
3.2
Exercise
those afforded by exercises.
3.2.1 No claims will be accepted for exercise based products on the basis
3.3.2 The effect of this category of product may not be described by the use
that they may also lead to weight loss. Diet sheets or diet aids
of the word ‘slim’ (unless so qualified as to make the true effect plain).
distributed together with exercises or other aids will not be taken as
Where the name of the product, itself, or of the manufacturer, contains
any ground for allowing weight loss claims to be made.
the word ‘slim’ either alone or in combination, particular care should be taken in the copy to avoid any misunderstanding by the suggestion of possible weight loss benefits.
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4.
Combined Methods
5.
General Claims
4.1
Slimmer’s Clubs
5.1
Use of the Word ‘Slim’
4.1.1 The purpose of these clubs is fundamentally to provide psychological
5.1.1 For the purposes of the Code, the word ‘slim’, and compounds such as
support for those who find difficulty in sticking to a diet. There is no
slimming, will be taken in the context with which the Code is concerned
objection to the acceptance of advertisements for such clubs provided
to imply weight loss. The only exception which will be permitted is in
that the advertisements do not make claims inconsistent with the
connection with garments (see 3.7 above) this is restricted to references
advice in the Code.
in contexts where no physiological or permanent effect is claimed or implied; and in connection with the names of the products and their
4.2
Clinics and Health Clubs
manufacturers in the circumstances set out below in relation to figure control products.
4.2.1 Insofar as any clinic or club offers treatment aimed at the achievement of weight loss or figure control any claims made must conform to the
5.2
Claims to Specific Weight or Inch Losses.
advice given in the Code.
5.2.1 Claims in the form (you can lose up to X kilograms or Y centimeters, look
4.2.2 Many clubs and clinics offer treatments other than those for weight loss
X kilograms lighter) are unacceptable. The measurements and weights
or figure control. Such treatments should not be referred to in
of individuals and their degrees of application vary too widely for such
advertisements in contexts which might suggest that they have any
claims to be other than misleading when made in general terms.
weight loss or figure control effect.
5.3
4.3
Claims for Efficacy within a Stated Period.
Courses
5.3.1 For the reason given above in 5.2, claims in the form (you can start to
4.3.1 Some advertisers offer ‘slimming courses’ which consists of books,
slim in X days, how to slim in less than X weeks, lose X centimeters
records or tapes containing advice on how best to achieve either weight
immediately) are unacceptable.
loss or figure control. Advertising for such courses should conform to the relevant advice given in the Code depending upon the methods recommended. 4.3.2 In addition, advertisements for courses should make clear that what is offered is advice in the form of a book, record or tape.
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5.4
Claims that Individuals have Lost Specific Amounts of Weight and Number of Inches.
5.4.1 Such claims should, where appropriate, conform to the advice given in the Code on Testimonials. In addition, such claims:
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(i)
Should be fully compatible with authoritative medical or scientific
5.6
Vitamins
opinion as to the likely efficacy of the method(s) involved.
5.6.1 Vitamins have no effect on slimming.
(ii) Should not be made without the permission of the individual concerned. 5.6.2 Well balanced diets are not deficient in vitamin or trace mineral elements.
However, it is possible that certain slimming diets, particularly ‘crash’ diets and poorly planned diets may contain less than the recommended
(iii) Should state the period over which the benefit claimed was achieved.
daily requirements of vitamins and minerals. Consequently, vitamin/
(iv) Should not be based upon unusual or unrepresentative individual
mineral supplements may be offered to safeguard against such
experiences.
deficiencies but it must be made clear they do not contribute to weight reduction.
5.4.2 Substantiation will be required in all cases to show that these requirements have been met.
5.7
Illustration
5.4.3 Where there are illustrations (or an illustration) of the individual concerned,
5.7.1 Where there is any claim or implication that a person depicted in an
these should not exaggerate any loss achieved and should in case of
illustration has benefited from the product or service being offered,
‘before and after’ illustrations permit a fair comparison to be made.
that illustration must conform to the advice given in 5.4 above.
5.4.4 In the case of figure control claims, the results on various parts of the
5.7.2 Individuals should not be presented in such a way as to suggest that the subject has enjoyed any particular benefit of the kind discussed above.
anatomy should not be aggregated, but should be listed individually.
5.5
Exaggerated Claims
5.8
Products, the efficacy of which for Slimming (Weight Reduction or Figure Control) has not yet been adequately substantiated
5.5.1 Claims as to uniqueness, novelty or a greater degree of efficacy than
should not be advertised.
other products should not be made unless there is adequate substantiation for the product’s difference in significant respects from other available slimming products. Care should be taken not to suggest that given
5.8.1 The following are instances of products and methods for which slimming (weight loss or figure control) claims are not acceptable:
methods “cannot fail, must work”. Because of the enormous variations between individuals in terms of weight, build and physical condition as well as in psychological preparedness, the most that can be claimed for
(i)
Machines or vibrator machines including electrical muscle and nerve stimulators.
any method is a high probability of success.
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(ii) Inflatable garments.
APPENDIX E - Financial Services and Products
(iii) Sauna and Turkish baths.
1.
Explanatory Material
(iv) Products based upon osmosis.
1.1
Advertisements addressed to the public for capital or financial products or services, or financial information should take special care to ensure that the public are fully aware of the nature of any commitment into
(v) Bath essences, soaps.
which they may enter as a result of responding to the advertisement.
(vi) Products claiming artificially to increase the metabolic rate of the body.
1.2
Unspecific advertisements, that is to say those which are limited to indicating in general terms the availability of investment opportunities, are not acceptable unless explanatory material concerning the facilities
(vii) Diuretics, laxatives.
or opportunities available will be provided free of charge to those who request them.
(viii) Hypnosis.
2.
Details of Benefits
2.1
(ix) Products claiming to offer ‘spot reduction’ (i.e. to remove fat from
In specific advertisements which contain details, including those given by
specified parts of the body). way of example, the benefits which may accrue through investing in a
(x) Products claiming to achieve slimming through the removal
given investment should be understood easily and must not take
of ‘cellulite’.
advantage of people’s inexperience and gullibility.
(xi) Thermal pads.
3.
Growth Rates and Rates Of Return
3.1
Where an advertisement contains any forecast or projection of a specific
5.8.2 It will not be regarded as sufficient to validate the advertising of any of these categories of products as efficacious in themselves for weight or figure control, that a diet plan or dieting aids or an exercise scheme or
growth rate, or any specific rate of return, it should make clear the basis
treatment is offered with them.
upon which that forecast or projection is made; whether reinvestment of income is assumed; whether account has been taken, and if so how, of the incidence of any taxes or duties; and whether the forecast or projected return will be subjected to any deductions, either upon premature realization or otherwise.
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3.2
Where growth or return is indicated through the use of money equivalents,
4.
The Nature of the Contract
4.1
The type of contract forming the basis of the product or service advertised
the net annual rate which is thus assumed should be cited in effective percentage terms, and should be calculated upon the same basis as
(and especially any charges, expenses or penalties) should be made
any other rate quoted in support of the claim.
clearly, and wherever the nature of the investments underlying the
When any advertisement quotes past experience in support of a forecast
contract or to which it is linked is material to its choice, a fair description
or projected growth rate it should not mislead in relation to present
3.3
of investment objectives and of such investments should be given.
prospects and should indicate the circumstances and the period of
5.
Tax
5.1
such experience in such a way that the reliability of the forecast or
Where a claim is made in an advertisement as to the return offered by
projected growth rate can fairly be assessed.
All advertisements making claims whether specific or not as to growth
a given investment, and the achievement or maintenance of the return
rate of return should include a note, to be given due prominence, to the
quoted is dependent in part upon the assumed effects of tax or duty,
effect that past experience is not necessarily any guide to the future.
3.4
the advertisement should make it clear that no undertaking can be given that the fiscal system may not be revised with consequent effect upon
3.5
the return offered.
Where rates of returns are expressed as gross the tax position should be clearly explained.
5.2
The phrases ‘tax-free’, ‘tax-paid’ and other phrases should not be used
Where claims to investment skill are based upon an asserted increase
without qualification as to the particular tax and/or duties involved. In
in the value of particular items purchased (or recommended for purchase)
particular the advertiser should state as clearly as possible what
by the advertiser in the past, he should be able to adequately substantiate
3.6
liabilities may arise and by whom they will be paid.
that the purchase or recommendation upon which this assertion is based was made at the time claimed, and that the present value asserted
6.
Other Restrictions
6.1
Where an advertiser reserves the right under certain circumstances to
for the investment corresponds to the price actually obtained for identical items when sold in the open market in the period immediately preceding the appearance of the advertisement. No claim to increase in the value of investments or the collectibles should be based upon the
immediate repayment might be demanded by the investor, the maximum
performance within a given market of selected items only, unless
period during which repayment may be withheld should be stated in the
substantiation for the claim can be provided.
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defer repayment of any sum invested for which in normal circumstances
advertisement.
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6.2
Where investors are offered planned withdrawal of capital as an income
APPENDIX F - Mail Order Advertising
equivalent, e.g. by cashing of unit trusts, the advertiser should ensure that the effect of such withdrawals upon capital invested is clearly explained.
6.3
1.
Definition of Mail Order Advertisement
Advertisements which may lead to the employment of money in anything
1.1
“Mail order advertisement” is to be taken as referring to all
the value of which is not guaranteed, should indicate that the value of the
advertisements, except as expressly provided below in which an offer is
investment can go down as well as up. Where values are guaranteed,
made, whether directly or by implication, to dispatch goods, or have
sufficient detail should be included to give the readers a fair view of the
them delivered to the purchaser, upon receipt of a written order,
nature of the guarantee.
accompanied by payment in whole or in part, without the necessity for the consumer to visit any retail establishment or to examine the goods prior to purchase. The rules in the ensuing paragraphs apply to all mail order advertisements including those by any advertiser who also conducts a normal retail business.
1.2
Where payment of RM1.00 or less is required by the advertiser for the provision of information (e.g. by way of all catalogue, brochure, price list or the like), the provisions of this Appendix, apart from 3.1, do not apply.
2.
Conformity to the Main Code
2.1
Mail order advertisers should conform to all applicable sections of the
Malaysian Code of Advertising Practice and also to requirements 3 to
5 below.
3.
Obligations of Mail Order Advertisers
3.1
The name of the advertiser and an address at which he can be contacted should be given in full in the advertisement. Accommodation address may not be used. If a newspaper, magazine or Post Office box number is used, a full postal address for the advertiser should also be given in the advertisement.
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(ii) A consumer shall be entitled to be reimbursed in consequence of a
Advertisers who offer goods by mail order should be prepared to meet
delay in fulfilment of the order.
any reasonable demand created by their advertising and should be prepared to demonstrate or supply samples of the goods advertised to
(iii) In either case cash refunds should be made immediately upon
the media owners to whom their advertisements are submitted.
receipt of the returned goods or request for reimbursement. Credit
The name of the advertiser should be prominently displayed at the given
notes or vouchers should not be supplied in lieu of cash refunds
address in the advertisement.
3.2
unless specifically requested.
Adequate arrangements should exist at that address for enquiries to be
(iv) Except where the publisher requires otherwise, the advertiser is not
handled by a responsible person available on the premises during
expected to pay the cost of return postage (or carriage) from the
normal business hours.
3.3
consumer to himself, unless the goods supplied by him do not conform to description or are damaged on receipt, or he otherwise
3.4
fails to satisfy his contractual obligations.
Samples of the goods advertised should be made available there for public inspection, except as provided below in 3.5.
Where the product is advertised as carrying the benefit of a money
Where be spoke or made-to measure goods are concerned, or where
back guarantee (however expressed) and if no limit is placed in the
it is the advertiser’s proposal (in which case it must be clearly expressed
advertisement for the period during which such a guarantee is to be
in his advertisement) that manufacture should not be expressed by him
effective, the advertiser should be prepared to make a refund at any
unless sufficient public interest is manifested in the articles on offer, then
3.5
time throughout the reasonably anticipated life of the product.
models or examples of similar work should be made available in lieu of samples of the articles to be supplied.
3.7
The advertiser should be prepared to fulfil all orders placed as the result of a mail order advertisement either immediately upon receipt, or within
3.6
The advertiser should refund all money paid for the goods and their
such period as is either prominently stated in the advertisement or is
dispatch in the following circumstances:
required to be stated by the publishers. In no case, except those detailed below, should such period exceed 28 days:
(i)
Where goods are returned to the advertiser, undamaged, within seven days of receipt. If items are returned, the date of posting or the date of handling over to the carrier will be taken as the date on which the goods are returned to the advertiser. The advertiser should make it clear to consumers whether or not they may try out the goods, subject to these remaining undamaged. If no indication is given, it will
(i)
Where security for the publisher’s money is provided, whether through stakeholder or schemes, longer periods than 28 days may be permitted
(at the discretion of publisher) to elapse before dispatch of the goods, provided that the advertiser’s proposal thus to delay dispatch is prominently and clearly expressed in the advertisement.
be taken that trial by the consumer is permitted.
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(ii) Where an advertisement makes it clear that a series of items are to be
a further communication to the consumer enclosing a reply paid post
dispatched in sequence and states the intervals between consignments,
card, and offering a refund of his money. A similar procedure should be
then, when advance payment for the whole series is involved, only
followed where orders cannot be fulfiled within the period stated in the
the first delivery need be made within the 28-day period. Where a
advertisement. If the consumer nonetheless elects to await the delivery
substantial sum is required in one advance payment, advertisers are
of the goods, the progress of his order should be reported to him at
required to provide security by means of stakeholder or similar
intervals of not more than 14 days.
schemes for that part of the purchaser’s money which remains unsatisfied by the provision of goods, the outstanding money to be
4.
released to the seller at intervals he fulfils his contract with the buyer.
(iii) Unless advertisements for the supply by mail order prominently and
Conformity of Goods to Description and Sample, and to Relevant
Standards
4.1
All goods despatched in response to orders received as a result of a mail
clearly state the latest date on which (or period within which)
order advertisement should conform both to the description of them
dispatch will be effected, the following categories of goods may be
given in that advertisement, and to any sample which may have been
exempted from the requirements of dispatch within 28 days:
supplied to the publisher of the advertisement. Substitutes may only be supplied with the express consent of the person who ordered the goods for which they are placements.
• Plants.
• Bespoke and made-to-measure goods.
4.2
All goods offered in mail order advertisements should aim to conform to relevant acceptable standards, particularly those relating to safety of
• Goods, the manufacture of which may not be commenced unless
consumer goods, and should not infringe any regulations made under
sufficient response is forthcoming (in which case the advertiser’s
the Trade Description Act. Electrical goods should comply with the
statement of his intention should be clearly expressed in his
Electricity Act 1949.
advertisement).
4.3
3.8
Advertisements for articles made of precious metal should state the amount and fineness of the metal involved in the pieces on offer.
When for whatever cause, an order cannot be fulfiled immediately and no date for dispatch is quoted in the advertisement, an acknowledgement of the order, quoting a reference for correspondence, should be sent by
5.
Goods Unacceptable for offer in Mail Order Advertisement
5.1
‘Lucky’ charms, mascots or other goods which seek to exploit superstition.
5.2
Medical products except as provided in Appendix B of this Code.
return of post. This acknowledgement should state the anticipated date at which the order will be fulfiled. If, when that date arrives, the advertiser is still unable to dispatch the goods, and in any event not later than
28 days from receipt of the original order, the advertiser should send
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APPENDIX G - Sales Advertisement
2.4
If expressions such as ‘Bankrupt Stock’, ‘Bankrupt Sale’, ‘Bankrupt
Prices’ are used, evidence of the bankruptcy should be provided. In the absence of such evidence the advertisement should not be accepted.
Advertisements of ‘sales of general consumer goods’ conducted by certain types of traders have given rise to complaint. The main grounds have been misdescriptions of the character of the sales and of the goods, anonymity of
2.5
If expressions such as ‘Damaged by fire’, ‘Damaged by water’, ‘Salvage
the promoters, and unsubstantiated price comparisons. Some of the
Stock ’are used, confirmatory evidence should be required to show the
advertisers impose an additional sales charge at the time of the sale, and the
date and the place of the occurrence, and that the actual goods to
advertisements have not made either the existence or the effect of the charge
which expressions are applied were involved. (Some traders, having
sufficiently apparent.
once acquired salvage stock, have thereafter continued indefinitely to represent that all their goods come from that same single source).
1.
Comparative Prices
3.
1.1
Name and Address of Itinerant Advertisers
3.1
The name and permanent address of itinerant advertisers should be
Unless the advertiser is an established trader, i.e. one who has carried on business continuously for a period of at least six months at the place where the ‘sale’ is being held, his advertisements should not contain
included in their advertisements.
any price comparisons.
3.2
2.
Descriptions of ‘Sales and Goods’
2.1
Claims or implications in an advertisement that goods are ‘bankrupt’,
Their advertisements are not acceptable unless they have provided media with the following information:
(i)
In the case of a limited company, the registered address.
‘liquidated’, ‘damaged’, or ‘salvaged stock’ or of similar description, should not be used to describe any ‘sale’ unless they may properly be applied to all the goods advertised.
2.2
(ii) When the advertiser is not a limited company or registered business, his own name and a verifiable permanent address.
If the sale is claimed to be ‘By Order’ – whose order is it? Expressions such as “By Order – must be sold” are not acceptable unless an order has been made by the Court, Official Receiver or Liquidator.
2.3
If ‘Liquidator’s Prices’ are mentioned, the name and address of the
Liquidator should be provided. Expressions such as 3-day Liquidation
Sale or Liquidator’s Prices are not acceptable where there is no liquidation in the legal sense to support the claim.
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APPENDIX H - Hair and Scalp Products
APPENDIX I - Advertising For Vitamins and Minerals
Advertisers should be able to provide scientific evidence, where appropriate
1.
Introduction
1.1
This appendix applies to the following categories of advertisements:
in the form of trials conducted on people, for any claim that their product or therapy can prevent baldness or slow it down, arrest or reverse hair loss, stimulate or improve hair growth, nourish hair roots, strengthen the hair or improve its health as distinct from its appearance.
(i)
Those for medicinal products whether licensed or exempt from licensing.
(ii) Those for food products which claim or imply therapeutic or prophylactic qualities.
(iii) Those for cosmetic or toiletry products which claim or imply therapeutic or prophylactic qualities.
(iv) Those for any product which is advertised, whether wholly or in part, upon the basis that it may improve, restore or maintain the user’s health or physical or mental condition.
1.2
This appendix does not apply to those advertisements for medicinal products which have been licensed and where the advertisement is consistent with the terms of such a licence.
2.
Foods
2.1
There are also restrictions and requirements affecting advertisements for food under the relevant legislation.
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2.2
Vitamins and minerals are essential for all ages for the maintenance of
4.
Specific
4.1
While there is no evidence of general widespread vitamin or mineral
physical and mental health and well-being. The daily requirements of normal healthy individuals are generally available from a full, properly prepared and well balanced daily diet.
deficiency there are instances where vitamin/mineral supplementation of the diet of an individual who is under medical supervision may be
Vitamins and minerals are present in the foods which make up this diet
appropriate. In assessing the appropriateness of claims made for the
and mention may be made of the vitamin and mineral contribution of a
content of vitamin and mineral products, the authorities will have regard
particular product.
2.3
to the specific evidence available and to the recommendation published.
Those who may require vitamin supplementation include:
3.
General
(i)
3.1
Many healthy persons supplement their diet with either single or multi-
Those who live alone and often do not trouble to prepare fresh or adequate meals;
vitamin/mineral supplements as a general safeguard. Advertisements for vitamin/mineral supplements may mention the vitamin or mineral
(ii) Those who tend to eat nutritionally inadequate snacks, or foods
contribution of the product but care should be taken to avoid the
which have been over cooked or kept hot for long periods thus
suggestion that:-
losing most of their content of some vitamins and minerals;
(i)
Supplements can take the place of a balanced diet;
(iii) The elderly and others who, through various disabilities including apathy, fail to prepare or consume full varied and properly balanced meals.
(ii) Consuming a vitamin supplement is necessary to avoid dietary deficiency; (iii) The consumption of additional vitamins or minerals will enhance normal good health;
(iv) The addition of a vitamin supplement to a balanced diet will provide any therapeutic benefit to persons in normal good health; and
(v) The addition of a vitamin supplement to the diet will enhance good
(iv) Children and adolescents who, because of fads, do not have a properly balanced diet;
(v) People who embark upon a weight-reducing diet without professional advice;
(vi) People convalescing from an illness who have leeway to make up in their nutrition;
(vii) Athletes in training and those in very physically active occupations;
looks, elevate mood, increase ability or performance.
(viii) Women of child-bearing age who may need supplementary iron;
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(ix) Lactating women, who have increased dietary requirements of
APPENDIX J - Motoring
vitamin and minerals; and
1.
portraying or referring to practices that encourage or condone anti-
(x) Pregnant women, who have increased dietary requirements of
social behaviour.
vitamins and minerals, who have been personally and professionally advised to supplement their diet.
5.
2.
It should be noted that although there may be some depletion of vitamin stored during illness it may not be claimed that the replacement of such
general information about a vehicle’s performance such as acceleration and midrange statistics, braking power, road-holding and top speed.
3.
vitamin will influence recovery, either by speed or degree.
5.2
In serious illness, and in some diseases, an individual’s intake or utilisation
Advertisers should not make speed or acceleration claims the predominant message of their advertisements. However, it is legitimate to give
Illness
5.1
Advertisements for motor vehicles, fuel or accessories should avoid
Advertisers should not portray speed in a way that might encourage motorists to drive irresponsibly or to break the law.
4.
Vehicles should not be depicted in dangerous or unwise situations in a
of dietary vitamins and minerals may be impaired and the intake needs
way that might encourage or condone irresponsible driving. Their
to be augmented. The prescription of vitamins and minerals in those
capabilities may be demonstrated on a track or circuit provided it is
cases should be the province of the doctor, and self-medication should
clearly not in use as a public highway.
not be encouraged.
5.
6.
Care should be taken in cinema commercials where moving image may give the impression of excessive speed. In all cases where vehicles are
Cosmetics
shown in normal driving circumstances on public roads they should be
6.1
vitamin to the skin is in any way beneficial or that it has any effect either in promoting suntan or preventing sunburn.
6.2
seen not to exceed speed limits.
There is no generally accepted medical evidence that the application of
Advertisement claims for vitamins in cosmetics should be restricted to
6.
When making environmental claims for their product, advertisers should conform to the rules on Environmental Claims.
7.
a statement that the product contains a specified vitamin or vitamins.
Prices quoted should correspond to the vehicles illustrated. For example, it is not acceptable to feature only a top-of-the-range model alongside the starting price for that range.
8.
Safety claims should not exaggerate the benefit to consumers. Advertisers should not make absolute claims about safety unless they hold evidence
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to support them.
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APPENDIX K - Environmental Claims
APPENDIX L - Database Marketing
1.
1.
The basis of any claim should be explained clearly and should be qualified
Advertisers should comply with all relevant data protection legislation.
where necessary. Unqualified claims can mislead if they omit significant
Guidance on this legislation is available from the Malaysian Communications
information.
and Multimedia Commission (MCMC). Although data protection legislation has a wide application, these clauses relate only to databases used for
2.
Claims such as ‘environmentally friendly’ or ‘wholly biodegradable’ should
direct marketing purposes. The clauses should be observed in conjunction
not be used without qualification unless advertisers can provide
with the legislation; they do not replace it.
convincing evidence that their product will cause no environmental damage. Qualified claims and comparisons such as ‘greener’ or ‘friendlier’
2.
Advertisers should take all necessary steps to ensure that:
may be acceptable if advertisers can substantiate that their product provides an overall improvement in environmental terms either against
(i)
Advertisements are suitable for those targeted;
their competitors’ or their own previous products.
(ii) Advertisements are not sent unsolicited to consumers if explicit
3.
Where there is a significant division of scientific opinion or where evidence
consent is required;
is inconclusive this should be reflected in any statements made in the advertisement. Advertisers should not suggest that their claims command universal acceptance if that is not the case.
(iii) Advertisements are not sent to consumers who have asked not to receive them or who have not had the opportunity to object to receiving them, if appropriate. Those consumers should be identifiable;
4.
If a product has never had a demonstrably adverse effect on the environment, advertisements should not imply that the formulation has
(iv) Databases are accurate and up-to date and, if rented, bought, etc, have
changed to make it safe. It is legitimate, however, to make claims about
been run against the most relevant suppression file operated by the
a product whose composition has changed or has always been
relevant Preference Service. Reasonable requests for corrections to
designed in a way that omits chemicals known to cause damage to the
personal information should be acted upon within 60 days;
environment.
(v) Anyone who has been notified as dead is not mailed again and the
5.
The use of extravagant language should be avoided, as should bogus
notifier is referred to the relevant Preference Service; and
and confusing scientific terms. If it is necessary to use a scientific expression its meaning should be clear.
(vi) If asked in writing, consumers or the ASA (with consumers’ consent) are given any information available on the nature and source of their personal details.
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Responsibility for complying with the above sub-clauses may not rest
5.
If after collection it is decided to use personal information for a purpose
directly with advertisers but with other data controllers. Those responsible
significantly different from that originally communicated, advertisers
will be expected to comply.
should first get the explicit consent of consumers. Significantly different purposes include:
3.
Unless it is obvious from the context, or if they already know, consumers
(i)
should be informed at the time when personal information is collected:
Disclosure of personal information to third parties for direct marketing purposes;
(i)
who is collecting it (and the representative for data protection queries,
(ii) Use or disclosure of personal information for any purpose substantially
if different);
different from that which consumers could reasonably have foreseen and to which they might have objected.
(ii) why it is being collected;
(iii) if is intended to disclose the information to third parties, including
6.
The extent and detail of personal information held for any purpose should be adequate and relevant and should not be excessive for that purpose.
associated but legally separate companies, or put the information to a use significantly different from that for which it is being provided, in which case an opportunity to prevent this should be given.
7.
Personal information must always be held securely and should be safeguarded against unauthorized use, disclosure, alteration or destruction.
4.
The explicit consent of consumers is required before:
8.
(i)
Personal information should not be kept for longer than is necessary for the purpose or purposes for which it was obtained.
Processing sensitive personal data, including information on racial or ethnic origin, political opinion or religious or other similar beliefs, trade union membership, physical or mental health, sex life or any criminal record or allegation of criminal activity;
9.
Consumers are entitled to have their personal information suppressed.
Enough information should be held by companies, though not for direct marketing purpose, to ensure that no further marketing communications
(ii) Advertising through fax.
are sent as a result of information about those consumer being re-obtained though a third party. If they want to reduce all unsolicited
(iii) Advertising through e-mail or SMS text transmission, save that advertisers may market their similar products to their existing
contact, consumers should register their names and contact details on all relevant suppression files.
customers without explicit consent so long as an opportunity to object to further such marketing is given on each occasion.
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10.
Consumers who have asked for personal information about them to be
APPENDIX M – Employment and Instructional Classes
suppressed may be contacted if they ask to be reinstated.
1.
Where degrees and qualifications are offered, the recognition of which is doubtful, attention should be drawn to the advisability of verifying it with the relevant Ministry. As for the recognised degrees, the value
suppression file.
12.
Advertisers are permitted to use published information that is generally available provided the consumer concerned is not listed on a relevant
11.
should not be misrepresented.
Any proposed transfer of a database to a country outside Malaysia
2.
Advertisement for situations vacant should correspond to genuine
should be made only if that country ensures an adequate level of
vacancies, the existence of which should be fully substantiated, and
protection for the rights and freedom of consumers in relation to the
should not require those interested to send money for further details
processing of personal information or if contractual arrangements are in
(Particular attention is drawn to Private Employment Agencies Act 1981).
place to provide that protection.
However, this does not prevent the offer for sale of directories of opportunities and the like, provided that the advertisement is clear as to the nature of what is offered.
3.
Advertisements offering vocational training or other instructional courses should make no unconditional promises of future employment (whether by the advertiser or anyone else) or future remuneration for those taking the course and should, as appropriate, make clear the level of prior attainment needed to be able to derive benefit from the course and the length of the course. (In connection with the length of the course, particular care should be taken not to mislead by running together discrete periods of study so as to suggest earlier attainment of competence than is probable).
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APPENDIX N - Property Advertising
APPENDIX O - Advertising for Audiotext Services
1.
Introduction: What are Audiotext Services
Advertisements for real property, whether for sale or for rent, should not mislead or exaggerate on such matters as:
Audiotext services are interactive telecommunications services offered via a
(i)
The land itself and any buildings erected or to be erected thereon;
telephone service. Typically, the services use a prefix 600 number in which customers are charged a premium over and above the normal connection
(ii) The physical nature – including furnishings and amenities – and appearance of buildings and flats, and their surroundings;
charges. Such service providers offer, among other things, information, ring tone downloads and friendship services or chatlines.
(iii) The legal title and formalities;
General Rules on Advertising for Audiotext Services
(iv) Rights and easements of any kind;
1.
Rules governing the advertising of such services have been drawn up principally in the best interest of users generally.
(v) Planning, building and sanitary requirements;
2.
and unambiguous that such services are available.
(vi) Taxes, rates and other imposts; and
(vii) The prices, terms of payment and loan facilities;
Advertisements for chat and similar interactive services must be clear
3.
Advertisers should clearly indicate to system users whether or not their services are free of charge, and should not charge users unless such
Particular care is called for in the case of advertisements for real property
warnings have been provided beforehand. Advertisements should
located abroad. Advertising material containing detailed description of
2.
indicate the cost of the services.
such property should include comprehensive and accurate information as stated above.
4.
Where an advertisement does not specifically mention the availability of chat, that service must not be made available on the 600 number. That is, a service provider offering ring-tone downloads must not also make available a chat services as an option when customers call the advertised 600 number.
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5.
Advertisements for chatline and related services must include the
APPENDIX P - Other Specific Categories
company’s name and office number.
1.
Commemorative and Other Items Produced in Limited Editions
1.1
6.
The number of articles to be produced in any limited edition should be
Chatline advertisements should always include:
(i)
The legal age limit for callers
stated in all advertising and promotion material containing any claim that the edition is limited. Where an edition is limited by the number of
(ii) Warnings on the dangers of meeting up with strangers encountered
persons applying within a given period of time, it should be described
through chatlines
7.
as an edition limited by time, and the advertiser should offer to inform all purchasers of the number of articles eventually produced.
Where an advertisement gives the website address (uniform resource locator or url) for non-chat services, that page must not have links or
600 numbers to chat services.
1.2
Advertisements for articles made by precious metal should state the amount and the fineness of the metal involved in the pieces on offer.
8.
Advertisements for chatlines and related services should not contain lewd, sexually suggestive or offensive material.
1.3
Advertisements which make claims about the investment potential of the articles on sale should also make it clear that there can be no
9.
guarantee of any future increase in value.
Advertisement of services aimed at children or young persons must carry the following warning message “This call costs RMX.XX per minutes/per call. Callers under 18 must seek parents or guardians
1.4
approval before calling.”
Advertisements for these products should be of interest as a collector’s item with emphasis being placed primarily upon factors such as scarcity or aesthetic quality and not, or not solely, upon practical considerations
(e.g. utility).
1.5
Advertisements should not trade upon any lack of knowledge among the general public as to the nature and extent of the market for items of the kind advertised about the criteria for assessment employed within that market.
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1.6
Information in the advertisements about the period during which the
(i)
The firm or organization which is responsible for the tour;
(ii)
The means of transport, whether charter or scheduled (including
offer is available should be unambiguous where an offer is made in more than one stage, the final closing date should be clearly stated at an early point in the advertisement, and prior to any information regarding other dates by which the initial orders are being limited.
1.7
whenever possible name of carrier, type and class of aircraft or other means of transport);
Claims as to the ‘scarcity’ and ‘rarity’ or items not produced directly by
(iii)
Destination and itinerary;
(iv)
Exact duration of the tour and of the stay at each locality;
(v)
The type and standard of accommodation, meals and facilities offered;
(vi)
Any special arrangements offered (entertainment, sight-seeing, etc.);
or for the advertiser should be capable of substantiation by reference to the testimony of those expert in the particular market and should, in appropriate cases, take into account the situation worldwide.
2.
2.1
Homework Schemes
Homework scheme means a scheme in which a person is invited to make articles or perform services at home for remuneration.
(vii) The total price of the tour as advertised (at least minimum and maximum prices) and those items which are included therein
2.2
Advertisements for homework schemes should contain an adequate
(airport taxes and other fiscal charges, incidental transportation,
description of the scheme and the reward to be expected. Where it is
porterage, tips, etc.); and
proposed to charge for machine or raw materials or components, or where the advertiser offers to buy back the goods produced by the
(viii) Cancellation conditions.
homework, relevant information should be included in the advertisement.
The full name and the address of the advertiser should be plainly stated.
2.3
Advertisements for homework schemes are not acceptable unless, when offered to media, they are accompanied by full details of the work involved and of the conditions imposed upon the homeworker.
3.
Inclusive Tours
3.1
Advertising material containing detailed descriptions of inclusive tours should be clear as to:
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APPENDIX Q - LIST OF DISEASES TO WHICH NO REFERENCE, OR
APPENDIX Q - LIST OF DISEASES TO WHICH NO REFERENCE, OR
ONLY LIMITED REFERENCE MAY BE MADE IN ADVERTISEMENTS.
ONLY LIMITED REFERENCE MAY BE MADE IN ADVERTISEMENTS.
HOWEVER, THE LIST IS NOT EXHAUSTIVE AND WOULD INCLUDE
HOWEVER, THE LIST IS NOT EXHAUSTIVE AND WOULD INCLUDE
ANY OTHER DISEASES THAT MAY BE IDENTIFIED FROM TIME TO TIME.
ANY OTHER DISEASES THAT MAY BE IDENTIFIED FROM TIME TO TIME.
Illness/Condition
Illness/Condition
Alcoholism
Bladder stones
Amenorrhoea
Bleeding disease
Anaemia (pernicious)
Breast disease
Ankles, diseased
Bright’s disease
Appendicitis
Cancer
Arteriosclerosis
Carbuncles
Artery troubles
Cardiac symptoms, heart troubles
Arthritis
Cataract
Asthma
Cholera
Barmer’s Rash
Convulsions
Bilharzia
Dengue (fever)
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APPENDIX Q - LIST OF DISEASES TO WHICH NO REFERENCE, OR
APPENDIX Q - LIST OF DISEASES TO WHICH NO REFERENCE, OR
ONLY LIMITED REFERENCE MAY BE MADE IN ADVERTISEMENTS.
ONLY LIMITED REFERENCE MAY BE MADE IN ADVERTISEMENTS.
HOWEVER, THE LIST IS NOT EXHAUSTIVE AND WOULD INCLUDE
HOWEVER, THE LIST IS NOT EXHAUSTIVE AND WOULD INCLUDE
ANY OTHER DISEASES THAT MAY BE IDENTIFIED FROM TIME TO TIME.
ANY OTHER DISEASES THAT MAY BE IDENTIFIED FROM TIME TO TIME.
Illness/Condition
Illness/Condition
Dermatitis
Fits
Diabetes
Frigidity
Diphtheria
Fungus
Disseminated sclerosis
Gallstones
Dropsy
Drug addiction
Ear (any structural or organic defect of the auditory system)
Gangrene
Glaucoma
Hernia
Hypertension
Epilepsy
Impetigo
Enlarged glands
Indigestion where the reference is to chronic or persistent
Erysipelas
Infantile diarrhoea
Eye (any structural or organic defect of theoptical system)
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APPENDIX Q - LIST OF DISEASES TO WHICH NO REFERENCE, OR
APPENDIX Q - LIST OF DISEASES TO WHICH NO REFERENCE, OR
ONLY LIMITED REFERENCE MAY BE MADE IN ADVERTISEMENTS.
ONLY LIMITED REFERENCE MAY BE MADE IN ADVERTISEMENTS.
HOWEVER, THE LIST IS NOT EXHAUSTIVE AND WOULD INCLUDE
HOWEVER, THE LIST IS NOT EXHAUSTIVE AND WOULD INCLUDE
ANY OTHER DISEASES THAT MAY BE IDENTIFIED FROM TIME TO TIME.
ANY OTHER DISEASES THAT MAY BE IDENTIFIED FROM TIME TO TIME.
Illness/Condition
Illness/Condition
Insomnia, where the reference is to chronic or persistent
Miners Phthisis
Infertility
Nephritis
Itch (except itch caused by insect bite)
Obesity
Kidneys (disorders or diseases of the)
Obsteoarthritis
Lazy eye
Paralysis
Leprosy
Pneumonia
Locomotor or any other ataxi
Phlebitis
Lupus
Prolapse
Menopausal ailments
Psoriasis
Meningitis (all types)
Purpura
Mental disorder
Pyorrhoea
Migraine
Rheumatism
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APPENDIX Q - LIST OF DISEASES TO WHICH NO REFERENCE, OR
APPENDIX Q - LIST OF DISEASES TO WHICH NO REFERENCE, OR
ONLY LIMITED REFERENCE MAY BE MADE IN ADVERTISEMENTS.
ONLY LIMITED REFERENCE MAY BE MADE IN ADVERTISEMENTS.
HOWEVER, THE LIST IS NOT EXHAUSTIVE AND WOULD INCLUDE
HOWEVER, THE LIST IS NOT EXHAUSTIVE AND WOULD INCLUDE
ANY OTHER DISEASES THAT MAY BE IDENTIFIED FROM TIME TO TIME.
ANY OTHER DISEASES THAT MAY BE IDENTIFIED FROM TIME TO TIME.
Illness/Condition
Illness/Condition
Rheumatoid arthritis
Tetanus
Ringworm
Trachoma
Ruptures
Scabies
Thrombosis
Tuberculosis
Tumours
Scarlet fever
Typhoid
Sexual non-function
Ulcer (duodenal gastric, pyloric, stomach)
Skin disease
Urinary infections
Sleeplessness
Varicose veins
Smallpox
Venereal disease
Squint
Vertigo
Sycosis (Barber’s Itch)
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Whooping cough
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APPENDIX R - LIST OF MALAYSIA STATUTES AFFECTING
APPENDIX R - LIST OF MALAYSIA STATUTES AFFECTING
OR RELEVANT TO ADVERTISING (AS AT 31ST DECEMBER 2007)
OR RELEVANT TO ADVERTISING (AS AT 31ST DECEMBER 2007)
Title
Reference
Title
Reference
Accountants Act 1967 (Revised 1972) – Malaysia Act
94
Copyright Act 1969 – Malaysia Act
10
Adoption Act 1952 (Revised 1981) – Malaysia Act
257
Dangerous Drugs Act 1952 (Revised 1980) – Malaysia Act
234
Defamation Act 1957
286
Dental Act 1971 – Malaysia Act
51
Election Commission Act 1957 - (Revised 1970) – Malaysia Act
31
Election Offences Act 1954 - (Revised 1969) – Malaysia Act
5
Boys Scouts Association of Malaysia (Incorporation) Act
1968 – Malaysia Act
Business Names Ordinance – Sarawak Cap.
Business, Professions and Trade Licensing Ordinance
• Sabah Cap.
Civil Aviation Act 1969 – Malaysia Act
38/1968
64
33
3
Emblems and Names (Prevention of Improper Use) Act 1963
Commodities Trading Act 1985
324
Common Gaming Houses Act 1953 – Revised 1983
289
• F. M. Act
19/1963
Control and Restriction of the Propagation of
Non-Islamic Religions Enactment 1981
• Kelantan Enactment
• Terengganu Enactment
Control of Imported Publications Act 1958
(Revised 1972) – Malaysia Act
94
11/1981
1/1980
63
8/1977
• Malacca
Enactment 1981
2/1981
Enactment 1966
1/1966
• Pahang
Enactment 1966
1/1961
Enactment 1961
8/1961
• Perak
125
Enactment 1977
• Penang
Companies Act 1965 (Revised 1973) – Malaysia Act
11/1961
• Negeri Sembilan
588
Enactment 1961
• Kelantan
Communications and Multimedia Act 1998
• Kedah
Enactment 1966
7/1966
• Perlis
Enactment 1963
9/1963
• Sabah
Enactment 1979
14/1979
• Selangor
Enactment 1962
4/1962
• Terengganu
Enactment 1976
11/1976
95
APPENDIX R - LIST OF MALAYSIA STATUTES AFFECTING
APPENDIX R - LIST OF MALAYSIA STATUTES AFFECTING
OR RELEVANT TO ADVERTISING (AS AT 31ST DECEMBER 2007)
OR RELEVANT TO ADVERTISING (AS AT 31ST DECEMBER 2007)
Title
Reference
Film (Censorship) Act 1952 (Revised 1971) – Malaysia Act
35
Finance (Banking and Financial Institutions) Act 1986
Title
330
Malaysian Red Cross Society (Incorporation)
Act 1955 – Malaysia Act
Reference
47/1965
*Martial Arts Societies Act 1976 – Malaysia Act
*Food Act 1983 – Malaysia Act
-
Gambling Ordinance – Sarawak Cap
138
Gaming Ordinance – Sabah Cap
50
Geneva Conventions Act 1962 – F. of M. Act
5/1962
Girl Guides Ordinance 1953 – F. of M. Act
61/1953
Housing (Control and Licensing Developers)
24/1978
Enactment 1978 – Sabah Enactment
Housing Developers (Control and Licensing) Act 1966
50
Medicine (Advertisement and Sale) Act 1956
• Revised 1983
290
Midwives Act 1966
• Malaysia Act
• Sabah Cap.
• Sarawak Cap.
Minor Offences Act 1955 – Revised 1987
54/1966
78
133
336
Moneylenders Ordinance 1951
• F. M. Ordinance
• Sabah Cap.
• Sarawak Cap.
42/1951
81
114
20/1968
259
(Revised 1981) – Malaysia Act
Internal Security Act 1960 (Revised 1972) – Malaysia Act
82
Legal Profession Act 1976 – Malaysia Act
166
Lotteries Act 1952 – Revised 1983
288
96
Medical Act 1971 – Malaysia Act
National Anthem Act 1968 – Malaysia Act
118
(Revised 1973) – Malaysia Act
Indecent Advertisements Act 1953
170
National Emblems (Control of Display) Act 1949
(Revised 1977) – Malaysia Act
193
Nurses Act 1950 (Revised 1969) – Malaysia Act
14
Official Secrets Act 1972 – Malaysia Act
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97
APPENDIX R - LIST OF MALAYSIA STATUTES AFFECTING
APPENDIX R - LIST OF MALAYSIA STATUTES AFFECTING
OR RELEVANT TO ADVERTISING (AS AT 31ST DECEMBER 2007)
OR RELEVANT TO ADVERTISING (AS AT 31ST DECEMBER 2007)
Title
Reference
Penal Code – F.M.S. Cap
45
Pesticides Act 1974 – Malaysia Act
Title
Reference
149
Poisons Act 1952 – F. of M. Ordinance
Poisons (Sodium Arsenite) Ordinance 1949
• F. M. Ordinance
*Sale of Food and Drugs Ordinance 1952
• F. of M. Ordinance
29/1952
Sedition Act 1948 (Revised 1969) – Malaysia Act
28/1952
15
Service Commission Ordinance 1957
15/1949
Post Office Act 1947 (Revised 1978) – Malaysia Act
211
Private Employment Agencies Act 1981
246
Price Control Act 1946 (Revised 1973) – Malaysia Act
121
• F. of M. Ordinance
74/1957
St. John’s Ambulance of Malaysia (Incorporation)
Act 1972 – Malaysia Act
74
State Arms and Flags Enactments
• Johore Enactment No.
Trade Descriptions Act 1972 – Malaysia Act
Printing Presses and Publications Act 1984
Private Health Care Facilities and Services Act 1988
Public Health Ordinance 1960
• Sabah Ordinance
• Sarawak Ordinance
57
87
*Trade Marks Act 1976 – Malaysia Act
175
Undesirable Publications Ordinance – Sabah Cap.
151
301
586
7/1960
24/1962
Registration of Businesses Act 1956 (Revised 1978)
197
Registration of Pharmacists Act 1951
371
United Kingdom Designs (Protection) Act1949 (Revised 1978)
• Malaysia Act
Road Transport Act 1987
98
• Sabah Cap.
152
• Sarawak Cap.
59
Veterinary Surgeons Act 1974 – Malaysia Act
Registration of Engineers Act 1969 (Revised 1974)
• Malaysia Act
214
147
138
333
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ADVERTISING PRACTICE
Advertising Standards Authority Malaysia
Unit 706, Block B, Pusat Dagangan Phileo Damansara 1, 9 Jalan 16/11,
Off Jalan Damansara, 46350 Petaling Jaya, Selangor, Malaysia.
Tel: 03-7660 8535 Fax: 03-7660 8532
E-mail: asa@macomm.com.my Website: www.asa.org.my
Advertising Standards Authority Malaysia
THE MALAYSIAN CODE OF ADVERTISING
PRACTICE
The Malaysian Code of Advertising Practice has the support of the following organizations whose representatives constitute the
Advertising Standards Authority Malaysia
The Advertising Standards Authority Malaysia is the independent body responsible for ensuring that the self-regulatory system works in the public interest. The ASA’s activities include investigating complaints and copy advice on your advertising.
Association of Accredited Advertising Agents Malaysia
Malaysian Advertisers Association
Malaysian Newspaper Publishers Association
Media Specialists Association
Advertising Standards Authority Malaysia
Unit 706, Block B, Pusat Dagangan Phileo Damansara 1,
COMMENCEMENT
9 Jalan 16/11, Off Jalan Damansara,
46350 Petaling Jaya, Selangor, Malaysia
Tel: 03-7660 8535 Fax: 03-7660 8532
E-mail: asa@macomm.com.my Website: www.asa.org.my
This third edition of the Malaysian Code of Advertising Practice comes into force on 1st September 2008. It replaces all previous editions.
Contents
I.
Introduction
(i)
The Advertising Control System
Introduction
1
General Principles
6
Appendices on Specific Categories of Advertisements
22
The Malaysian Code of Advertising Practice (hereinafter referred to as “the
• APPENDIX A
: Children and Young People
22
Code”) is a fundamental part of the system of control by which Malaysian
• APPENDIX B
: Medicinal and Related Products and Advertisements
Containing Health Claims
advertising regulates its activities.
26
• APPENDIX C : Advertising for Alcoholic Drinks
44
The Code has been drawn up by organisations representing advertisers,
• APPENDIX D
: Advertising for Slimming Products and Services
46
advertising agencies and media. It is administered by the Advertising
• APPENDIX E
: Financial Services and Products
57
Standards Authority Malaysia (ASA) whose members are drawn from the
• APPENDIX F
: Mail Order Advertising
61
Malaysian Newspaper Publishers Association, Association of Accredited
• APPENDIX G : Sales Advertisement
66
Advertising Agents, Malaysia, Malaysian Advertisers Association, and the
• APPENDIX H : Hair and Scalp Products
68
Media Specialists Association.
• APPENDIX I
: Advertising for Vitamins and Minerals
69
• APPENDIX J
: Motoring
73
The Code is supplemented by special conditions that may be required by
• APPENDIX K
: Environmental Claims
74
individual media. The broadcast media, online services and other
• APPENDIX L
: Database Marketing
75
telecommunications and electronic media have their own Codes which
• APPENDIX M : Employment and Instructional Classes
79
are administered by the Communication and Multimedia Content Forum
• APPENDIX N : Property Advertising
80
of Malaysia.
• APPENDIX O : Advertising for Audiotext Services
81
• APPENDIX P
83
: Other Specific Categories
• APPENDIX Q : List of diseases to which no reference, or only limited reference may be made in advertisements. However, the list is not exhaustive and would include any other diseases that may be identified from time to time.
• APPENDIX R
: List of Malaysian Statutes affecting or relevant to advertising
(as at 31st December 2007)
Responsibility for observing the Code rest primarily with the advertiser. But it also applies to any advertising agency or medium involved in publication of the advertiser’s message to the public.
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94
1
Sanctions
(ii)
Malaysian Code of Advertising Practice
The sanctions are principally the withholding of advertising space from
I.
Preamble
1.1
All advertisements should be legal, decent, honest and truthful.
1.2
Advertisements must project the Malaysian culture and identity, reflect the
advertisers and the withdrawal of trading privileges from advertisers/ advertising agencies. Both sanctions are applied by the media. To this can be added the sanction of adverse publicity. This is wielded by the Advertising
Standards Authority Malaysia, which may publish details of the outcome of
multi-racial character of the population and advocate the philosophy of
investigations it has undertaken.
“RUKUN NEGARA” which reads as follows:-
Complaints
Believe in God
Loyalty to King and Country
Complaints from members of the public – or those representing them – that
Upholding the Constitution
the Code has been breached should be addressed to the Chairman,
Rule of Law
Advertising Standards Authority, Malaysia. Letters should include sufficient
Good Behaviour and Morality
details of the complaint along with contact information, especially the postal address or e-mail, of the complainant. It is helpful if complainants can
1.3
Advertisements must not identify or type – cast each particular racial group or sex with vocations, traditional values and backgrounds.
wherever possible provide examples or copies of any advertisements to which they take exception. Investigations will not be initiated without written confirmation from the complainant.
1.4
A list of statutes affecting advertising is set out at the end of this Code.
Advertising Standards Authority, Malaysia
1.5
Advertisements must comply in every respect with the Law, common or statute. Advertising should not propagate fraudulent trade practices.
Unit 706, Block B,
Pusat Dagangan Phileo Damansara 1,
9 Jalan 16/11, Off Jalan Damansara,
46350 Petaling Jaya, Selangor, Malaysia
Tel: 03-7660 8535 Fax: 03-7660 8532
1.6
No advertising material which tends to offend the proprieties of ethics generally observed by the community or contains terms, words or subject matter not generally considered acceptable in polite conversation should be accepted.
E-mail: asa@macomm.com.my
Website: www.asa.org.my
2
3
All advertisements should be prepared with a sense of responsibility to
3.
Interpretation
3.1
1.7
The Code is to be applied in the spirit as well as in the letter.
3.2
Additional regulations in the form of bulletins or otherwise, which may
the consumer.
1.8
All advertisements should conform to the principles of fair competition as generally accepted in business.
from time to time be published by the ASA, have the full force of this Code.
1.9
No advertisement should bring advertising into disrepute or reduce confidence in advertising as a service to the industry and to the public.
3.3
primary test applied will be that of the probable impact of the advertisement
1.10 Advertisements must be clearly distinguishable as such.
2.
In assessing an advertisement’s conformity to the terms of this Code, the as a whole upon those who are likely to see it. Due regard will be paid to each part of its content, visual, verbal and aural, and to the nature of
Scope
the medium through which it is conveyed.
2.1
The primary object of this Code is the regulation of commercial advertising.
It applies therefore (except as expressly provided) to all advertisements
3.4
For the purpose of this Code:
for the supply of goods or services or the provision of facilities by way of trade, and also to advertisements other than those for specific products which are placed in the course of trade by or on behalf of any trader.
(i)
The word “advertisement” applies to marketing communication or advertising wherever it may appear in the printed form. It includes advertising in leaflets, circulars, posters, billboards, cinemas, advertising
2.2
In addition the Code applies, so far as is appropriate to advertisements
claims on packs, labels and point of sale material.
by non-commercial organisations and individuals. The Code does not however seek to restrict the free expression of opinion in paid-for
(ii) The word “product” includes goods, services and facilities.
advertising space, whether by those engaged in commerce or by political parties, foreign governments, religious or charitable bodies, or other organisations or individuals, provided the identity of such advertisers is made clear, and the advertisements themselves are
(iii) The word “consumer” refers to any person who is likely to see an advertisement or a marketing communication.
clearly distinguished from any editorial matter in conjunction with which they may appear.
4
5
II.
General Principles
4.2
1.
Decency
4.2.1 Advertisements should not contain any statements or visual presentation
1.1
Advertisements should not contain statements or visual presentations offensive to the standards of decency prevailing among those who are likely to be exposed to them.
2.
Claims
which directly or by implication, omission, ambiguity, or exaggerated claim, is likely to mislead the consumer about the product advertised, the advertiser, or about any other product or advertiser, in particular with regard to:-
Honesty
(i)
Characteristics such as nature, composition, method and date of
Advertisements should not be so framed as to abuse the trust of the
manufacture, fitness for purpose, range of use, quantity, and
consumer or exploit his lack of experience or knowledge.
2.1
commercial or geographical origin.
3.
Fear, Superstition, Violence, Illegality
3.1
Advertisements should not without justifiable reason play on fear.
3.2
Advertisements should not exploit the superstitious.
(ii) Value or total price actually to be paid.
(iii) Other terms of purchase, such as hire purchase and credit sale.
(iv) Conditions of delivery, exchange, return, repair and maintenance.
3.3
Advertisements should not contain anything which might lead or lend support to acts of violence or anti-social behaviour, nor should they
(v) The terms of any guarantee.
appear to condone such acts.
(vi) Copyright and industrial property rights such as patents, trade
3.4
Advertisements should not contain anything which might lead or lend
marks, designs and models, and trade names.
support to criminal, illegal or reckless activities, nor should they appear to condone such activities
(vii) Official or other recognition of approval, awards or medals, prizes or diplomas.
4.
Truthful Presentation
4.1
All descriptions, claims and comparisons which relate to matters of objectively ascertainable fact should be capable of substantiation, and advertisers
(viii) Scientific, statistical, or other research data quoted in advertisements should be neither misleading nor irrelevant.
and advertising agencies are required to hold such substantiation ready for production without delay to the Advertising Standards Authority of Malaysia.
6
7
4.2.2 It is seldom possible to substantiate general claims by an advertiser that his
4.3
Value of Goods
product is of superlative quality (best finest) in a manner which is universally acceptable. Such claims, however are permissible under this Code,
4.3.1 So far as is relevant, the following provisions apply to claims as to the
provided that their inclusion in an advertisement does not create a false
value of service or facilities offered by way of advertisement as well as
impression concerning any quality possessed by the product which is
to the value of goods.
capable of assessment in the light of generally accepted standards of judgment.
4.3.2 Consumers should not be led to overestimate the value of goods whether by exaggeration or through unrealistic comparisons with other
4.2.3 Obvious hyperbole, which is intended to attract attention or to amuse,
goods or prices.
is permissible provided that it is not likely to be taken as a positive claim to superior or superlative status.
4.2.4 Where a substantial division of informed opinion exists or may reasonably be expected to exist, as to the acceptability of any evidence which is required to substantiate a claim in an advertisement, it should neither
4.3.3 Advertisers should be ready to substantiate any claim made as to the value in cash terms of goods offered at a lower price or free; and any saving to the consumer claimed to result from the offer of goods at a price lower than their actual value.
state nor imply that the claim is universally true or that it enjoys universal support, nor that it represents anything other than the advertiser’s opinion or of such other authorities as may be named.
4.3.4 Substantiation should be by reference to the actual price(s) at which identical goods, or goods of a directly comparable kind and quality, are generally available.
4.2.5 Advertisements should not misuse research results or quotations from technical and scientific literature. Statistics should not be presented as
4.3.5 Where a comparison is made between the respective cash values or
to imply that they have greater validity than is the case. Scientific terms
prices of goods which are not identical, the advertiser should clearly
should not be misused, and scientific jargon and irrelevances should
indicate that this is the case.
not be used to make claims appear to have scientific basis they do not possess.
4.3.6 Reference to recommended retail prices will not be accepted as substantiation for value of saving claims in the absence of information
4.2.6 Where advertisement claims are expressly stated to be based on, or supported by, independent research or assessment, the source and the
of the kind required in 3.10 as to the price at which the goods are currently on general sale.
date of this should be indicated. Where this is not possible, for whatever reason, such claims to independent support should not be made.
Where a claim relating to research or testing is based on the advertiser’s own work or work done at his request, it should be clear form the text of the advertisement that such is the basis of the claim.
8
9
4.3.7 In calculating a notional retail value of goods which are exclusive to him,
4.5
“Up to…” and ”from…” claims
or for which no direct standard of comparison exists, the advertiser should add to the cost of the goods to him only a reasonable mark-up, bearing in mind the widespread availability of many goods at substantial
as up to X km per litre or prices from as low RMX.XX are not acceptable
discounts. He should also make clear that the advertised goods are
where there is a likelihood of the consumer being misled as to the
available only from him and that consequently the value claimed is his
availability or as to the applicability of the benefits offered. Such claims
own assessment and does not relate to the actual cost of similar goods.
4.4
4.5.1 Claims, whether as to prices or performance, which use formulae such
should not be used:
Use of the Word “Free”
(i)
When the price or other advantage claimed bears no relation to the general level of prices or benefits, and in particular where it does
4.4.1 Products should not be described as “free” where there is any cost to the
not apply to the goods or services actually advertised or to more
consumer, other than the actual cost of any delivery, freight or postage.
than an insignificant proportion of them.
Where such costs are payable by the consumer, a clear statement that this is the case should be made in the advertisement.
(ii) When the claims apply to spoiled or imperfect goods, or to goods or services, which are in some respect less complete, subject to
4.4.2 Where a claim is made that, if one product is purchased, another
greater limitations than the bulk of those on offer.
product will be provided “free”, the advertiser should be able to show that he will not be able immediately and directly to recover the cost of
4.6
Direct Supply
supplying the “free” product whether in whole or in part.
4.6.1 Claims that goods are available ‘direct from the manufacturer’ and the
4.4.3 In particular, an advertisement should in these circumstances make no
like are not acceptable where the advertiser cannot substantiate the
attempt to recover the cost to the advertiser of the product by such
implication that the consumer will benefit, usually in cash terms, from the
methods as the imposition of packing and handling charges, the inflation
elimination of one stage or more than in the normal process of distribution.
of the true cost of delivery, freight or postage, an increase in the usual price of the product with which the “free” product is offered, a reduction
4.7
Wholesale
in its quality, or quantity or otherwise.
4.7.1 No advertisement should state or imply that goods offered for retail are
4.4.4 A trial may be described as free although the consumer is expected to
being offered at wholesale prices unless the advertiser can prove that
pay the cost of returning the goods, provided that the advertisement
the prices in question are not higher than those which are currently sold
has made clear his obligation to do so.
to the retail trade.
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4.7.2 For the purpose of this ruling, a wholesaler is defined as a merchant who
6.3
Advertisements should not contain any statement that either expressly or by implication disparage any professions, products, services or
purchases stocks for supply to retailers and other classes of trade buyers.
advertisers in an unfair or misleading way.
5.
Comparisons
7.
5.1
Exploitation of Name or Goodwill
7.1
Advertisements should not make unjustifiable use of the name or any
Advertisements containing comparisons with other advertisers, or other products are permissible in the interest of vigorous competition and public
initials of any firm, company or institution.
information, provided they comply with the terms of the Code.
5.2
The subject matter of a comparison should not be chosen in such a way
7.2
to the trade name or symbol of another firm or its products, or the
as to confer an artificial advantage upon the advertiser or so as to suggest
goodwill acquired by its advertising campaign.
that a better bargain is offered than is truly the case.
7.3
5.3
Advertisements should not take unfair advantage of the goodwill attached
Attention is drawn to the provision governing the use of the Malaysian
Points of comparison should be based on facts which can be substantiated
Arms and Flag, and the National Anthem. Details may be obtained from
and should not be unfairly selected. In particular:
the offices of the Prime Minister or the Ministry of Arts, Culture and Heritage.
(i)
The basis of comparison should be the same for all the products being
8
Imitation
8.1
Advertisements should not be so similar in general layout, copy, slogans,
compared and should be clearly stated in the advertisement so that it can be seen that like is being compared with like.
visual presentation, music or sound effects to other advertisements as
(ii) Where items are listed and compared with those of competitors’
to be likely to mislead or confuse.
products, the list should be complete or else the advertisement should make clear that the items are only a selection.
8.2
Particular care should be taken in the packaging and labelling of goods to avoid causing confusion with competing products.
6.
Disparagement and Denigration
9.
6.1
Testimonials
9.1
Advertisements should not contain or refer to any testimonial or endorsement
Advertisements should not attack or discredit other products, advertisers or advertisements directly or by implication.
unless it is genuine and related to the personal experience over a reasonable
An advertisement should not contain derogatory remarks or innuendoes
period of time of the person giving it. Testimonials or endorsements
about any person or organisation. It must not criticise, directly or
which are obsolete or otherwise no longer applicable, (e.g. where there
inferentially, the Government of any country.
6.2
has been a significant change in formulation of the product concerned) should not be used.
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9.2
Testimonials themselves should not contain any statement or implication
9.8
Care should be taken, where a testimonial is given by a person with professional
contravening the provisions of this Code and should not be used in a
qualifications, that in indicating those qualifications the advertiser does not
manner likely to mislead.
cause the person giving the testimonial to transgress any regulations of the professional institution(s) to which he belongs.
9.3
Testimonials should not make any claim to efficacy which cannot justifiably be attributed to the use of the product and any specific or measurable results claimed should be fairly presented. Where ‘before’ and ‘after’ claims are made, they should be expressed and illustrated in such a way as to permit a fair comparison to be made.
10.
Protection of Privacy and Exploitation of the Individual
10.1 Advertisements should not, except in circumstances noted in 8.2(ii), portray or refer to by whatever means, any living person, unless their express
9.4
Where any testimonial contains an expression which conflicts with this Code, the advertiser may amend the testimonial so as to remove the source of conflict, provided that, in so doing, he does not distort the sense of original views expressed by the person giving the testimonial.
prior permission has been obtained. This requirement applies to all persons, including public figures and foreign nationals. Advertisers should also take note not to offend the religious or other susceptibilities of those connected in any way with deceased persons depicted or referred to in any advertisement.
9.5
Testimonials from persons resident outside Malaysia are not acceptable unless an indication of their address and country of residence is given in the advertisement.
This ruling does not apply to:(i)
9.6
Particular care should be taken to ensure that advertisements based upon fictitious characters are not so framed as to give the impression that real people are involved; in particular they should not contain ‘testimonials’ or
‘endorsements’ which may give such an impression. Where an illustration of a person is used in conjunction with a testimonial implying personal endorsement of the product, that person should be the person giving the testimonial.
The use of crowd background shots in which individuals are recognizable, provided that neither the portrayal, nor the context in which it appears, is defamatory, offensive or humiliating. However, an advertiser should withdraw any such advertisements if a reasonable objection is received from a person depicted;
(ii) Advertisements for books, films, radio or television programmes, press features and the like in which there appear portrayals or references to individuals who form part of their subject matter;
9.7
14
Advertisers and their agencies should hold ready for inspection by the
Advertising Standards Authority Malaysia, copies of any testimonials used in advertising. Such copies should be signed and dated by the persons providing the testimonials, and should confirm what is said in any advertisement. When an advertisement containing a testimonial is submitted for the first time for publication, a copy of the testimonial statement, for the publisher’s retention, should accompany the advertisement.
(iii) To police or other official notices; and
(iv) The rare occasions when in the opinion of ASA the reference and portrayal in question is not inconsistent with the subject’s right to a reasonable degree of privacy, and does not constitute an unjustifiable commercial exploitation of his fame or reputation.
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11.
Safety
12.4 Phrases such as ‘satisfaction guaranteed’, ‘unconditionally guaranteed’ and the like which are not specific as to terms, duration and limitation on
11.1 Advertisements should not, without justifiable reason, show or refer to
availability, may be used only where a full refund will be given, at the
dangerous practices or manifest a disregard for safety. Special care
option of the purchaser, throughout the reasonably anticipated life of the
should be taken in advertisements directed towards or depicting
product, against any defect or damage arising as a result of the fault of
children or young people.
the manufacturer or retailer.
12.
Guarantees
13.
Money-Back Undertakings
12.1 Advertisements should not contain any reference to a ‘guarantee’ or
13.1 Neither guarantee or warranty, nor any word derived in either should be
‘warranty’ which takes away or diminishes any rights which would
used in an advertisement to describe or refer to an undertaking, the
otherwise be enjoyed by consumers; purport so to do; or may be
substance of which is merely to refund the price of a product within a
understood by the consumer as so doing.
brief trial period to dissatisfied purchasers. Where such an undertaking is given in an advertisement the time within which claims must be made
12.2 Where an advertisement expressly offers, in whatever form, a guarantee or
by the consumer should be clearly stated and should make due allowance
warranty as to the quality, life, composition, origin, duration, etc. of any
for the time taken for delivery and return of the product.
product, the full terms of that guarantee should be available in printed form for the consumer to inspect and, normally, to retain before he is
14.
Stridency
committed to purchase.
14.1 No advertisements should utilise disturbing or irritating sound effects where the use of sound is incorporated.
12.3 Even if there is a money back undertaking, (for which see 11 below) words like ‘guarantee’, ‘guaranteed’, should not be used merely to emphasise that a factual description is true, e.g. guaranteed pure orange juice;
15.
Sensitivities
guaranteed to contain 20% protein. Nor should the words be used merely for colour, e.g. guaranteed goodness; guaranteed satisfaction.
Otherwise the term is validly used in cases where a material remedial
15.1 No advertisement should make any irrelevant references to any name, incident, concept or religious significance.
action is offered additional to that already required by law or accepted trade practice, or where it is clearly used colloquially, not importing any obligation. e.g. guaranteed to brighten the dullest room.
15.2 No advertisement should contain statements or suggestions which may offend the religious, political, sentimental or racial susceptibilities of any community.
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15.3 No attempt should be made to exploit any abnormal national or international events or conditions.
18.2 There is an obligation on all concerned with the preparation and/or publication of an advertisement to ensure that anyone who looks at the advertisement is able to see, without looking at it closely, that it is an
16.
Subliminal Advertising
16.1 No advertisements may include any technical device which, by using images of very brief duration or by any other means, exploits the possibilities of conveying a message to, or otherwise influencing the
advertisement and not an editorial matter.
18.3 In the case of a single advertisement, the following guidelines should apply:(i)
If the advertisement occupies less than half a page, it should be boxed-
mind of, members of an audience without their being aware, or fully
17.
in completely; or half-page or more, separated from any adjacent
aware, of what has been done.
matter by a distinct border.
Outdoor
(ii) By-lines naming staff journalists should not be used. It is, however, permissible to publish by-lines naming experts and well-known
17.1 Posters or billboards (except those under the auspices of government or other recognized bodies) are prohibited, if such posters and billboards:(i)
depict murder, scenes of terror, horror or acts of violence;
public figures.
(iii) Particular care should be taken wherever the size and style of type in the advertisement is the same as or closely resembles that of the editorial matter.
(ii) are calculated to demoralize, or could be held to extenuate crime or incite its commission;
18.4 Where paid-for space is in the style of editorial, whether paid for by the same or different advertisers, particular care is needed to ensure that no
(iii) depict or refer to indecency, obscenity, nudity or striptease;
(iv) are likely, through wording, design or possible defacement, to offend the travelling public.
part can be mistaken for editorial matter. The word ADVERTISEMENT should stand alone, at the head of the advertisement in such size and weight and type as to be easily seen.
18.5 As a general rule, where an advertisement or series of advertisements paid
18.
Identification of Advertisements
for by the same organization or by organizations under the same control extends over more that one page, the word ADVERTISEMENT
18.1 Advertisements should be clearly distinguishable as such, whatever their
should be printed at the head of each page in such a way that a reader
form and whatever the medium used. When an advertisement appears
cannot fail to see it. Similarly where a supplement is paid for wholly by
in a medium which contains news, editorial or programme matter it
an advertiser or advertisers, it should normally be headed in bold letters
should be so designed, produced and presented that it will be readily
with the words ADVERTISING FEATURE, and carry the word(s)
recognized as an advertisement.
ADVERTISEMENT or ADVERTISING FEATURE at the head of each page.
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18.6 No guidance can cover every case. It may not be enough merely to
21.
Inertia Selling
follow to the letter what is said above. It may also be necessary to look again at each advertisement to see whether it is clearly distinguishable
21.1 If it is established that an advertiser is using his advertisements as a
from the editorial content of the publication to ensure that it is.
19.
mean of furthering the practice of supplying unsolicited goods, for which payment is later to be demanded, his advertisement should no
Switch Selling
longer be accepted.
19.1 Direct sale advertising is that placed by an advertiser with the intention that the products or services advertised, or some other products or
22.
Non-Availability of Advertised Products
services, should be sold or provided at the home of any person responding to the advertisement.
22.1 Advertisements should not be submitted for publication unless the advertiser has reasonable grounds for believing that he can supply any
19.2 Direct sale advertisements are not acceptable without adequate assurances from the advertiser and his advertising agency that the products advertised will be available at the price stated in the advertisement within a reasonable time to be specified by the advertiser from stock sufficient to meet potential demand; and that sales representatives when calling upon persons responding to the
demand likely to be created by his advertising.
22.2 In particular, no attempt should be made to use the advertising of unavailable or non-existent products as a means of assessing likely public demand, should such a product be offered in the future.
advertisement will demonstrate and make available for sale the products advertised.
22.3 Where it becomes clear that an advertised product is not available, (in circumstances where the public are not likely to assume from advertising
19.3 It will be taken as prima facie evidence of misleading and unacceptable
its ready availability) immediate action should be taken to ensure that
bait advertising for the purpose of switch selling if an advertiser’s
further advertisements for the product are promptly amended or withdrawn.
salesman seriously disparages or belittles the cheaper article advertised or indicate unreasonable delays in obtaining delivery or otherwise places difficulties in the way of its purchase.
20.
Unsolicited Home Visits
20.1 Where it is the intention of an advertiser to send a representative to call on respondents to his advertisement such fact must be apparent from the advertisement or from any particulars subsequently supplied; and the respondent must be given an adequate opportunity of refusing any such call.
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III.
Appendices on Specific Categories of Advertisements
(i)
They should not be encouraged to enter strange places or talk to strangers. Care is needed when they are asked to make collections,
APPENDIX A - Children and Young People
enter schemes or gather labels, wrappers, coupons and the like
Advertisements addressed to children and young people or likely to be
(ii) They should not be shown in hazardous situations or behaving
seen by them, should not contain anything which might result in
dangerously in the home or outside except to promote safety. They
harming them physically, mentally or morally or which might exploit their
should not be shown unattended in street scenes unless they are
credulity, lack of experience or natural sense of loyalty.
1.
old enough to take responsibility for their own safety. Pedestrians any cyclists should be seen to observe the Highway Code;
2.
The way in which children perceive and react to advertisements is influenced by their age, experience and the context in which the message is delivered. ASA will take these factors into account when
(iii) They should not be shown using or in close proximity to dangerous substances or equipment without direct adult supervision
assessing advertisements.
(iv) They should not be encouraged to copy any practice that might be
3.
Children are not a homogeneous group but have varying levels of maturity and understanding. Care need to be taken that the product advertised and style of advertisement are appropriate for the audience to whom it is primarily directed.
4.
Advertisements targeted at children must be clearly recognizable as such and separated from editorial, programs or other non-advertising material. If there is any reasonable likelihood of advertisements being confused with editorial or programme content, they should be clearly
unsafe for a child
(v) Advertisement should not by implication, omission, ambiguity or exaggerated claim mislead or deceive or be likely mislead or deceive children, abuse the rust of or exploit the lack of knowledge of children, exploit the superstitious or without justifiable reason play on fear;
(vi) They should not be made to feel inferior or unpopular for not buying the advertised product
labelled “advertisement” or otherwise identified in a clear manner.
(vii) They should not be made to feel that they are lacking in courage,
5.
Advertisements addressed to, targeted at or featuring children should
duty or loyalty if they do not buy or do not encourage others to buy
contain nothing that is likely to result in their physical, mental or moral
a particular product
harm in particular:(viii) It should be made easy for them to judge the size, characteristics and performance of any product advertised and to distinguish between real-life situations and fantasy
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(ix) Parental permission should be obtained before they are committed
(xvi) All advertisements related to children should not encourage excessive
to purchasing complex and costly goods and services
purchases in order to participate in events. If there is reference to a competition for children in the advertisement, the value of prizes
x) They should not be encourages to make a nuisance themselves to
and the chances of winning one must not be exaggerated
parents or others and Advertisements should also not undermine the role of parents in educating children to be healthy and socially
xvii) Advertisements soliciting responses incurring a fee to telephone or
responsible individuals.
text should state, “children ask you parents first” or similar words.
xi) Persons, characters or group who have achieved particular celebrity
xviii) Extreme care should be taken in requesting or recording the names,
status with children shall not be used in advertisements to promote
addresses and other personal details of children to ensure that
food or drinks in such a way so as to undermine the need for
children’s privacy right are fully protected and the information is not
healthy diet, taking into account Food and Nutrition Guidelines for
used in an inappropriate manner.
children.
6.
(xii) Advertisements should not make a direct appeal to purchase unless the product is one that would be likely to interest children and that
All advertisements must bear in mind and comply with Food, Nutrition and other Guidelines for children issued by the Government of Malaysia or Industry Bodies within the country.
they could reasonably afford. Mail order advertisers should take care not to promote products that are unsuitable for children
(xiii) Advertisements should not exaggerate what is attainable by an ordinary child using the product being advertised or promoted;
(xiv)Advertisements should not actively encourage children to eat excessively throughout the day or to replace main meals with confectionery or snack foods;
(xv) Advertisements should not exploit children’s susceptibility to charitable appeals and should explain the extent to which their participation will help in any charity-linked promotions; and
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APPENDIX B - Medicinal and Related Products and Advertisements
3.2
Containing Health Claims
Individual advertisements published by or under the authority of a
Government Ministry or Department and advertisements addressed directly to registered medical or dental practitioners, pharmacists, registered
1.
Preamble
1.1
Special care should be taken by advertisers to ensure that the spirit, as
medical auxiliaries or nurses, are excluded from the application of such of the restrictions within this section of the Code as are from time to time considered inappropriate, bearing in mind the source of the
well as the letter of the Code, is scrupulously observed.
2.
addressed; provided always that such advertisements conform in every
Interpretation
2.1
advertisement or the professional qualifications of those to whom it is
The word “product” in this appendix is to be taken as referring also to treatments and courses of treatment and to medical devices, except
respect to the provisions of the Code.
3.3
There should not appear in any advertisement of any food for sale the words “recommended by the Medical Profession” or any word or words
where the context does not permit, or as expressly provided otherwise.
or other representations which imply or suggest that the food is
3.
3.1
This section of the Code applies to the following categories of
recommended, prescribed or approved by medical practitioners.
Scope
3.4
Lembaga Iklan Ubat, Kementerian Kesihatan.
advertisements:
(i)
Those for medicines, medical or surgical treatment and medical devices
(ii) Those for toiletry and other products which claim or imply
All advertisements containing medical claims must be approved by
4.
Impressions of Professional Advice or Support
4.1
Claims of medical or other professional support for any product whether
therapeutic or prophylactic qualities
in copy or illustration, or otherwise, should be substantiated and the extent of such support should not be exaggerated in any way.
(iii) Those for any product, which is advertised, whether wholly or in part, upon the basis that it may improve, restore or maintain the user’s health or his physical or mental condition
4.2
Detailed evidence should be held ready for supply to the Advertising
Standards Authority Malaysia in support of any reference to tests, whether carried out by the advertiser or otherwise.
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4.3
Reference to tests, trials, research, doctors’ preferences or prescribing
4.7
Advertisements should not refer to any ‘College’, ‘Hospital’, ‘Clinic’,
habits or the use of the product or treatment in hospitals, clinics and the
‘Institute’, ‘Laboratory’, or similar establishment unless there exists a
like may only be used if they are fully substantiated. References to tests
bonafide establishment corresponding to the description used, which
or trials conducted in a named hospital or by a named professional or
is under the regular and effective supervision of a registered medical
official organisation are permissible only if authorised and approved by
practitioner or other person holding an appropriate recognised qualification.
Such reference should also clearly state if the establishment is connected
the authority of the hospital or other organisation concerned. Moreover,
in any way with the product being advertised.
they are acceptable only if the study and findings have been openly published in a peer-reviewed scientific or medical journal.
4.8
No address, title or description which may imply that a product emanates from any hospital or official source, or is other than a proprietary
4.4
Where reference is made in an advertisement to a test or other research
product, is acceptable for advertising unless substantiation is available
which has been carried out other than by an independent organisation or
from the advertiser.
without independent medical supervision, this fact should be clearly indicated. Moreover, such test or research is acceptable only if the
4.9
Visual and/or audio representation of doctors, dentists, pharmaceutical
study and findings have been openly published in a peer-reviewed
chemists, nurses, midwives etc. which give the impression of professional
scientific or medical journal.
advice or recommendation should not be used.
Professional journals should not be named or quoted without permission,
4.10 No statements should be used giving the impression of professional advice
and references to such journals should not give any unjustified
or recommendation made by persons who appear in the advertisements
impression of professional support. Only peer-reviewed journals may be
and who are presented either directly or by implication, as being qualified
quoted in this regard.
4.5
to give such advice or recommendation. To avoid misunderstanding about the status of a presenter of a medicine or treatment, it may be
4.6
References to doctors, dentists, nurses and the like contained in any advertisement should refer only to those registered in Malaysia unless it is made clear that the person referred to is not so registered and are acceptable only when the relevant Professional Body confirms in writing
necessary to establish positively in the course of an advertisement that the presenter is not a professionally qualified adviser.
4.11 No reference may be made to any hospital test unless the Ministry of
Health is prepared to vouch for its validity.
that such reference does not contravene its ethical code.
4.12 Prescription Drugs: Drugs requiring medical prescription should not be advertised. 28
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5.
Unacceptable General Claims
5.5
Encouragement of excess
5.1
Cure
5.5.1 No advertisement should encourage, directly or indirectly, indiscriminate, unnecessary or excessive use of products within the scope of this section of the Code.
5.1.1 No advertisement should employ any words, phrases or illustration which claim or imply the cure of any ailment, illness or disease, condition, disability or infirmity affecting the body as distinct from the relief of its symptoms.
5.2
5.6
Exaggeration
5.6.1 No advertisement should make exaggerated claims, in particular through the selection of testimonials or other evidence unrepresentative of a
Diagnosis, Prescription or Treatment
effectiveness, or by claiming that it possesses some special property or quality which is incapable of being established.
5.2.1 No advertisement should contain any offer to diagnose, advise, prescribe or treat by correspondence
5.6.2 Advertisements should not contain copy which is exaggerated by reason of the improper use of words, phrases of methods of presentation e.g.
5.2.2 No advertisement should refer to any skill or service relating to the
the use of the words ‘magic’, ‘magical’, ‘miracle’, ‘miraculous’ etc.
treatment of any ailment, disease, injury or condition affecting the human body so as to induce any person to seek the advice of the
5.7
Refund of Money
advertiser or any person referred to in the advertisement.
5.7.1 No advertisement should contain any offer to refund money to dissatisfied
5.3
users of any product within the scope of this section, other than
Appeals to Fear
appliances or therapeutic clothing.
5.3.1 Advertisements should not contain any statement or illustration likely to induce fear on the part of the reader, viewer or listener that he is suffering, or may without treatment suffer, or suffer more severely, from an ailment, illness or disease.
5.8
Testimonials
5.8.1 No advertisement for a medicine or treatment should include a testimonial by a person well known in public life, sports, entertainment, professional bodies, etc.
5.4
Conditions Requiring Medical Attention
5.8.2 No advertisement should rest on claims that a product does not
5.4.1 No advertisement should offer any product or service for a condition
contain a given ingredient which is in common use in competitive
which needs the attention of a registered medical or other qualified
products in any way which may give the impression that the ingredient
practitioner.
is generally unsafe or harmful.
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5.9
Competitions
5.9.1 Advertisements for medicines, treatments and appliances should not
6.4
6.4.1 Advertisements should make no claims for products taken by mouth
contain any reference to a prize competition or similar scheme.
5.9.2 An advertisement relating to goods for therapeutic use should not
Anti-Perspirants and Deodorants
which claim body deodorant effect.
6.4.2 Advertisements for anti-perspirants should not make exaggerated
contain any offer of a free sample.
claims to keep skin dry either absolutely, or for a specific period.
6.
Unacceptable Claims: Particular Products
6.5
6.1
Particular attention is drawn to the diseases and condition listed in
6.5.1 No advertisement for any product in these categories should claim or
Appendix Q to which no or limited reference may be made and the
Antiseptics, Germicides and Disinfectants
imply that:
provisions contained therein.
(i) It offers complete protection against disease, or the danger of
6.2
Abortifacients
infection.
6.2.1 Advertisements should not claim or imply that any products, medicines
(ii) It is a substitute for cleanliness.
or treatment offered therein will induce miscarriage.
6.5.2 Advertisements should not exaggerate the dangers of the presence of
6.3
germs in the normal domestic situation.
Analgesics
6.3.1 Advertisements for analgesics should not make exaggerated claims
6.6
Bust Developers
about the speed with which a product can relieve pain.
6.6.1 Advertisements for preparation and devices purporting to promote
6.3.2 Advertisements should not make exaggerated claims or implications
enlargement of the breasts are not acceptable.
about the certainty and speed with which the product can relieve the symptoms of the common cold or influenza, or reduce a fever or a raised body temperature.
6.6.2 Exercise and courses including exercise which may have an incidental effect on the bustline, may not be advertised in such a way as to place a predominant emphasis on any effect of improving, increasing or enlarging the bustline.
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6.7
Contraceptives and Birth Control
6.11
Gargles
6.7.1
There is no objection under the Code to the advertising of contraceptive
6.11.1 Antiseptic gargles should not be presented as cough treatment.
methods, either in general or in particular, provided a reference is made in appropriate cases to the fact that certain methods are
6.12
Ginseng
available only on prescription.
6.12.1 No claims may be made in any advertisement which is based upon
6.7.2
the inclusion in the advertised product of ginseng.
The effectiveness or safety of particular methods in comparison with others should not be exaggerated.
6.8
Corns
6.8.1
6.13
Products for the removal of corns may be advertised subject to
Hay Fever and Other Allergic Conditions
6.13.1 Advertisements referring to hay fever or other allergic conditions causing coughs, sneezing or catarrh may not suggest that the product will clear up the condition itself unless it contains the
medical approval of the product for this purpose.
appropriate antigens or be universally effective against the condition or allergy. Claims for products which do not contain antigens should
6.9
Cosmetics
6.9.1
Claims that a product contains special properties should be supported
be limited to the temporary relief of symptoms.
6.14
Headaches
by acceptable evidence that the ingredient is indeed beneficial for the purpose referred to.
6.14.1 Advertisements should not claim or imply that the product advertised is suitable for the treatment of serious, frequent or regular attacks.
6.9.2
Advertisements should not contain any claim or implication that any
This does not preclude claims that analgesic products may relieve
preparation will promote rejuvenation of the skin or muscles or that
the symptoms of migrainous headaches.
hormones or vitamins remove or delay the formation of wrinkles.
6.14.2 Advertisements should not encourage people to take medicines of
6.10
Depilatories
any kind before headaches so as to prevent it.
6.10.1 Advertisements for ‘electric pencils’ and similar products, offered for
6.14.3 No product may be advertised as a course of treatment for headaches.
lay use, are unacceptable, as are claims for products the effectiveness
This does not preclude incidental reference to headaches in
of which is claimed to be based upon their ‘radioactive’ properties.
advertisements for products containing iron, which may be offered as a short course of treatment for women whose diet may sometimes be deficient in this mineral.
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6.15
Hearing Aids
6.15.1 Where an advertisement states the price of a hearing aid, the
6.17
Height Increase Courses
6.17.1 Advertisements for products or courses of treatment purporting to
advertisement should specify the upper and lower limits of its overall
increase height are not acceptable.
price range.
6.17.2 The ruling does not apply to advertisements for ‘elevator’ shoes and
6.15.2 The names of hearing aids should not in themselves exaggerate the
similar products.
product’s effectiveness (e.g. such name as ‘Magic Sound’ and
‘Miracle Ear’ are not acceptable)
6.17.3 General courses of physical development, one consequence of which may be to increase the apparent height through improvement of posture,
6.16
Hearing Aid Exhibitions
may not be advertised in such a way as to place predominant emphasis upon increasing the height.
6.16.1 Advertisements for such exhibitions should only be accepted where the organiser has given an undertaking that :
6.18
(i) He will ensure the presence of at least one registered dispenser at
6.18.1 For the purpose of this Code claims made for herbal and homeopathic
all times throughout the period the exhibition is open;
Herbal, Homeopathic and Acupuncture Remedies
products and acupuncture treatment will be assessed in the light of expert opinion. No claims will be acceptable in advertisements by non-
(ii) He will offer for inspection a comprehensive range of models of
orthodox practitioners, or for products based upon their principles,
hearing aids; and
which would not be allowed to orthodox practitioners or products based upon orthodox principles nor should any advertisement by or for non-
(iii) He will make available for purposes of testing at least one pure
orthodox products or practitioners seek to cast doubt on, or claim
tone and one speech audiometer.
6.16.2 The full name and address of the advertiser’s head office should be
superiority to, orthodox practitioners or products.
6.19
Hypnosis, Hypnotherapy, Psychology, Psychoanalysis or Psychiatry
prominently stated in any advertisement for a hearing aid show or exhibition, and no impression should be given that such events are other than commercially promoted.
6.19.1 Advertisements addressed to the general public should be restricted to visiting card particulars only, i.e. name, address and telephone number, hours of consultation, description of professional status,
e.g. hypnotherapist.
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6.20
Hormones and Cell Extracts
6.24
Polyunsaturated Fats
6.20.1 Advertisements addressed to the general public should not contain
6.24.1 Advertisements addressed to the general public for food
any exaggerated claim to efficacy based merely upon the fact that a
products (or food supplements) containing polyunsaturated fats or
product includes hormones or animal cell extract.
polyunsaturated fatty acids should not contain any claim that the inclusion of such fats in the diet or their substitution for other fats of
6.21
Indigestion Remedies
6.21.1 References to nausea, lack of appetite or aversion to food, which may
different chemical constitution offers any specific health benefit.
6.25
well be symptoms of more serious conditions, are unacceptable in
Pregnancy Advisory Services and Counselling, Pregnancy
Testing, Sterilisation, Vasectomy.
connection with claims for indigestion remedies.
6.25.1 Advertisements for services offering advice on abortion may not
6.21.2 Advertisements on infant food should at all times promote breast
be accepted. Advertisements offering advice on sterilisation and
feeding as the choice form of feeding for infants and at no instance,
vasectomy must have the clearance of the Ministry of Health.
should artificial infant feeding be implied as the preferred form of feeding over breast feeding.
6.25.2 No advertisement should contain a reference to pregnancy-testing unless the advertiser has received the clearance of the Ministry of
6.22
Laxatives
Health. Advertisements for pregnancy-testing services which have received clearance are acceptable only in the form prescribed when
6.22.1 Laxatives should not be advertised for habitual or indiscriminate use,
clearance is given.
for the relief of abdominal pain or backache, for any benefit to complexion or appearance, or for the relief of indigestion, other than
6.25.3 Advertisements for pregnancy test kits for home use may be
abdominal discomfort owing to constipation.
6.23
Piles (Haemorrhoids)
6.23.1 Advertisement should not contain any offer of products for the treatment of haemorrhoids unless the directions for use on the
acceptable, subject to the approval by the Ministry of Health.
6.26
Prescribed Drugs
6.26.1 Drugs requiring medical prescription should not be advertised except as permitted by Law.
container itself or its labels include advice to the effect that persons who suffer from haemorrhoids should consult a doctor.
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6.27
Prevention of Ageing
6.29.4 Advertisements should not contain any claims for the relief of backaches and rheumatic pains based upon the urinal antiseptic
6.27.1 No advertisement should contain any claim for rejuvenation or the
properties of the products advertised.
prevention of ageing or that the process of ageing can be retarded based upon a product’s procaine or any other content.
6.28
6.30
Protein Claims
6.30.1 No products which are poisons within the meaning of Poisons Act
Scheduled Poisons
1952 should be advertised.
6.28.1 Protein claims in food advertising must conform to the Food Act 1983 and Food Regulations 1983.
6.28.2 References to proteins in other advertisements should avoid giving
6.31
Toothpastes and Other Similar Products
6.31.1 Prevention of Decay
any impression that their inclusion in non-food products offers any nutritive benefit.
(i) Fluoride Toothpastes
Certain formulations containing fluoride have been shown by
6.29
Rheumatic and Allied Pains
independent medical research to reduce the incidence of tooth decay in children. Claims made for such products should not
6.29.1 Advertisements may not refer to any medicine, product, appliance or
exaggerate the result or applicability of such research. Claims as
device in terms calculated to lead to its use for the treatment of any
to the effectiveness of such product should also be related to the
form of arthritis, or chronic or persistent rheumatism.
need to brush the teeth regularly.
6.29.2 There is no generally accepted evidence that bangles (or other objects
(ii) Other Toothpastes
to be worn or carried) can alleviate rheumatic or muscular pains, and
Claims may indicate that regular brushing with the toothpaste
such claims for them are not acceptable.
may help fight tooth decay.
6.29.3 Bath additives may be offered to encourage the taking of hot baths
6.31.2 Hygiene
for their soothing effect on muscular pain or stiffness, but no claims should be made, such as references to spa water, which suggest that the additives themselves provide any medical benefit.
(i) Bad Breath
It should not be claimed that a toothpaste or other product will completely destroy bacteria causing mouth odour or that it will provide long lasting freedom from mouth odour.
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(ii) Food Particles
6.32.2 No advertisement addressed to the general public is acceptable for
No advertisement for a toothpaste, chewing gum or tablets intended
a vitamin preparation which contains folic acid in quantities which
to clean the teeth should suggest that the product will remove all
may cause it to have the effect of masking symptoms of pernicious
food particles from the teeth or gums. It should not be claimed
anaemia.
that chewing gum or tablets can take the place of brushing after meals.
6.32.3 Iron preparations: products offered for the symptoms of nutritional iron deficiency should provide an appropriate dosage of iron.
6.32
Vitamins and Minerals
6.32.1 Advertisements should not state or imply that good health is likely to be endangered solely because people do not supplement their diets
6.33
Sexual Weakness and Loss of Virility
6.33.1 Advertisements should not suggest or imply that any product, medicines or treatment offered therein will promote sexual virility or
with vitamins. In particular no advertisement for a product containing
be effective in treating sexual weakness or habits associated with
vitamins or minerals should make any claims that:
sexual excess or indulgence, or ailment, illness or disease associated with such habits.
(i) There is evidence of general or widespread vitamin or mineral deficiency. (ii) A full varied and properly prepared diet needs to be supplemented by vitamin or mineral products.
(iii) Good looks and good health are better maintained or that irritability,
‘nerviness’ and lack of energy can be avoided merely through the consumption of additional vitamins and minerals.
(iv) The application of vitamins to the skin is in any way beneficial.
(v) The inclusion of vitamins in suntan lotions has any effect either in promoting suntan or preventing sunburn.
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APPENDIX C - Advertising for Alcoholic Drinks
7.
Advertisements should not suggest that any alcoholic drink has therapeutic qualities or can enhance mental, physical or sexual capabilities, popularity,
1.
The alcoholic drinks industry and the advertising business accept
attractiveness, masculinity, femininity or sporting achievements.
responsibility for ensuring that advertising is always socially responsible and that their advertisements should not seek to:
8.
Advertisements may give factual information about the alcoholic strength of a drink but this should not be the dominant theme of any advertisement.
(i)
Encourage excessive consumption and over indulgence and nor
Alcoholic drinks should not be presented as preferable because of their
suggest that drinking can overcome boredom, loneliness or other
high alcohol content or intoxicating effect.
problems; and
9.
The content of advertisements should never associate drink with driving. (ii) Exploit those who are especially vulnerable because of age, inexperience or any physical, mental or social incapacity.
10.
2.
Advertisements should not portray drinking alcohol as the main reason for the success of any personal relationship or social event.
Normally, children should not be portrayed in advertisements for alcoholic drink; however, in a scene where it would be natural for them to be present (e.g. a family situation), they may be included, provided that it
11.
Drinking alcohol should not be portrayed as a challenge, nor should it be suggested that people who drink are brave, tough or daring for
is made clearly that they are not drinking alcoholic beverages.
doing so.
3.
Advertisements should not be directed at young people nor in any way encourage them to start drinking. Anyone shown drinking should
12.
obviously be over 18.
Particular care should be taken to ensure that advertisements for sales promotions requiring multiple purchases do not actively encourage excessive consumption.
4.
Advertisements should not be based on a dare or impute any failing to those who do not accept the challenge of a particular drink.
13.
Advertisements should not depict activities or locations where drinking alcohol would be unsafe or unwise. In particular, advertisements should
Advertisements should not emphasise the stimulant, sedative, or
not associate the consumption of alcohol with operating machinery,
tranquillising effects of any drink.
5.
driving, any activity relating to water or heights, or any other occupation that requires concentration in order to be done safely.
6.
Advertisements should not give the general impression that a drink is being recommended mainly for its intoxicating effect; or that drinking is necessary for social success or acceptance.
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APPENDIX D - Advertising for Slimming Products and Services
2.
Weight loss
1.
Introduction: What is Slimming?
2.1
General Principles
1.1
There is a good deal of confusion about slimming, about what given products
2.1.1 References to weight loss are to be taken as referring also to weight
can do, about whether some products work at all; and about the claims
limitation and control. Weight limitation or control, by preventing the
which are made for those products that can be shown to work effectively.
re-accumulation of excess fat, are also common objectives.
1.2
All advertisers, agencies and media are reminded that advertisements must conform not only to this Appendix but also the letter and spirit of all other relevant sections of the Code.
1.3
All advertising offered for publication on either a weight loss or a figure control platform has to be checked by publishers before it can be accepted for publication. To facilitate this prepublication checking, no new ‘slimming’ copy should be submitted unless at least 7 days are available for checking by media.
1.4
When a new product or new formulation is introduced or when new claims
2.1.2 The only way for a person to lose weight, other than temporarily, is taking in less energy (calories) than the body is using, i.e. burning up the excess fat the body has stored. A diet is the only practicable selftreatment for achieving a reduction in this excess fat.
2.1.3 Diet plans, and aids to dieting of the kinds dealt with below, are therefore the products which may be offered in advertisements as capable of effecting any loss in weight. Claims, whether direct or indirect, that weight loss or slimming can be achieved by any other means are not acceptable in advertisements addressed to the public.
are made for an existing product, the advertiser or agency should submit full substantiation for all new claims at the same time as the copy
2.1.4 Temporary weight loss can be achieved by the expulsion of water
or illustrations for the proposed advertisement, otherwise delays may
from the body. This may not be represented in advertisements as a
be expected. Independent testimony will be required from medical
method of slimming.
practitioners registered in Malaysia as to any physiological effects claimed.
Testimonials from users of a product do not constitute substantiation.
2.1.5 Overweight in young people is sometimes associated with a defective action of the glands and they should be advised to consult their
1.5
The advertiser must ensure that his audience is entirely clear which of
doctors before embarking upon a slimming diet.
the possible ways of achieving ‘slimness’ is provided or helped by his product. The word ‘slim’ is used, so far as human beings are concerned,
2.1.6 Obesity is a condition requiring medical attention and treatment. No
to cover quite different basic situations: losing weight, and controlling
claims referring to obesity should be made in advertisements directed
the figure so as to achieve an impression of slimness either by the
to the public.
strengthening of muscles or by the wearing of garments.
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2.1.7 There may be many reasons for being overweight, either medical or
2.3.2 Any diet provided in conjunction with diet aids, whether on pack, in
physical. Dieters should be advised, in either the advertisement or
advertisements or otherwise, will be required to conform to the advice
packaging, to consult their doctors before embarking upon a
given above on diet plans, and details of the diets proposed should
slimming course.
therefore be enclosed, with appropriate substantiation, when clearance of advertising is being sought.
2.2
Diet Plans
2.3.3 Advertisements for diet aids should also conform to the advice given
2.2.1 Evidence will be required from the advertiser to show that the
above as to the non-acceptability of certain claims for the individual
suggested diet(s) will provide adequate amounts of proteins, vitamins
effectiveness of specific foods or other diet ingredients.
and minerals, and that the diet is capable of achieving the results claimed for it, when followed by the kind of person for whom it
2.3.4 Where a claim made in an advertisement or on a label that any food is
is intended.
an aid to slimming; it must be substantiated, and a statement must be included that the food cannot aid slimming except as part of a diet in
2.2.2 No claim, direct or indirect, should be made in advertisement for a diet
which the total intake of calories is controlled, whether by calorie
that it contains any ingredient which in itself has the property of
counting, low carbohydrate/high protein or other means.
hastening the process of weight loss There is no ground for supposing that any specific foods have particular properties which speed up the
2.4
Foods
metabolic processes which cause excess fat to be ‘burnt up’ and thus weight to be lost.
2.4.1 Advertisements for foods offered as diet aids should give a quantitative statement of the ingredients contained in it on which the claim of special suitability is based.
2.2.3 Advertisements for ‘crash’ diets are unacceptable.
2.3
Aids to Dieting - General
2.4.2 Particular care should be taken to ensure that the advertisements for meal substitute do not imply that these products are effective if eaten
2.3.1 Diet aids, such as foods, food substitutes, or appetite depressants,
in addition to normal meals rather than instead of them.
may not be advertised except in terms which make clear that they can only be effective when taken in conjunction with or as part of a
2.5
Appetite Depressants
calorie controlled diet. Due prominence should be given in all advertisements to the part played by the diet.
2.5.1 Advertisements for appetite depressants should make clear how they work and will only be regarded as acceptable when adequate evidence has been provided by advertisers that the product is safe and effective
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at the level of consumption as suggested.
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2.5.2 Claims for the effect of appetite depressants should not be expressed
3.2.2 Exercise only operates slowly to improve muscle tone. Claims for exercise products therefore should not suggest dramatic improvements
in terms of food equivalent e.g. equal to two eggs.
over short periods.
2.6
Weight Loss Products in General
3.2.3 Some exercise programmes may impose strains from which the health
2.6.1 No ‘weight loss’ products should be advertised on the basis of claims
of particular individuals might suffer. Advertisements for such products
such as ‘Eat as much as you like’, ‘Eat, eat, eat!’, ‘Eat and get slim’
may be required to include advice to purchasers to check with a
or anything similar tending to remove due emphasis from the primary
doctor the advisability of their undertaking the exercises proposed.
importance of maintaining a balanced calorie-control diet.
3.2.4 The effect of this category of product may not be described by the use
3.
Figure Control
of the word ‘slim’. Where the name of the product itself, or of the manufacturer, contains the word ‘slim’, either alone or in combination,
3.1
General Principles
particular care should be taken in the copy to avoid any misunderstanding by the suggestion of possible weight loss benefits.
3.1.1 Figure control may be achieved in two ways: exercise and garments
(e.g. corsets).
3.3
Garments
3.1.2 It is possible by exercise to add strength to muscles and thus to aid
3.3.1 Advertisers of corsets and similar products should always take particular
their ability to decrease bulges which may develop where the muscles
care that no hint or suggestion occurs in either copy or illustration which
are slack. An improvement in posture may also benefit the figure.
might lead a reader to suppose that these products make any
Exercise may be active or passive.
contribution to weight loss. Nor should there be any suggestion that they confer any permanent, physiological benefits comparable to
3.2
Exercise
those afforded by exercises.
3.2.1 No claims will be accepted for exercise based products on the basis
3.3.2 The effect of this category of product may not be described by the use
that they may also lead to weight loss. Diet sheets or diet aids
of the word ‘slim’ (unless so qualified as to make the true effect plain).
distributed together with exercises or other aids will not be taken as
Where the name of the product, itself, or of the manufacturer, contains
any ground for allowing weight loss claims to be made.
the word ‘slim’ either alone or in combination, particular care should be taken in the copy to avoid any misunderstanding by the suggestion of possible weight loss benefits.
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4.
Combined Methods
5.
General Claims
4.1
Slimmer’s Clubs
5.1
Use of the Word ‘Slim’
4.1.1 The purpose of these clubs is fundamentally to provide psychological
5.1.1 For the purposes of the Code, the word ‘slim’, and compounds such as
support for those who find difficulty in sticking to a diet. There is no
slimming, will be taken in the context with which the Code is concerned
objection to the acceptance of advertisements for such clubs provided
to imply weight loss. The only exception which will be permitted is in
that the advertisements do not make claims inconsistent with the
connection with garments (see 3.7 above) this is restricted to references
advice in the Code.
in contexts where no physiological or permanent effect is claimed or implied; and in connection with the names of the products and their
4.2
Clinics and Health Clubs
manufacturers in the circumstances set out below in relation to figure control products.
4.2.1 Insofar as any clinic or club offers treatment aimed at the achievement of weight loss or figure control any claims made must conform to the
5.2
Claims to Specific Weight or Inch Losses.
advice given in the Code.
5.2.1 Claims in the form (you can lose up to X kilograms or Y centimeters, look
4.2.2 Many clubs and clinics offer treatments other than those for weight loss
X kilograms lighter) are unacceptable. The measurements and weights
or figure control. Such treatments should not be referred to in
of individuals and their degrees of application vary too widely for such
advertisements in contexts which might suggest that they have any
claims to be other than misleading when made in general terms.
weight loss or figure control effect.
5.3
4.3
Claims for Efficacy within a Stated Period.
Courses
5.3.1 For the reason given above in 5.2, claims in the form (you can start to
4.3.1 Some advertisers offer ‘slimming courses’ which consists of books,
slim in X days, how to slim in less than X weeks, lose X centimeters
records or tapes containing advice on how best to achieve either weight
immediately) are unacceptable.
loss or figure control. Advertising for such courses should conform to the relevant advice given in the Code depending upon the methods recommended. 4.3.2 In addition, advertisements for courses should make clear that what is offered is advice in the form of a book, record or tape.
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5.4
Claims that Individuals have Lost Specific Amounts of Weight and Number of Inches.
5.4.1 Such claims should, where appropriate, conform to the advice given in the Code on Testimonials. In addition, such claims:
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(i)
Should be fully compatible with authoritative medical or scientific
5.6
Vitamins
opinion as to the likely efficacy of the method(s) involved.
5.6.1 Vitamins have no effect on slimming.
(ii) Should not be made without the permission of the individual concerned. 5.6.2 Well balanced diets are not deficient in vitamin or trace mineral elements.
However, it is possible that certain slimming diets, particularly ‘crash’ diets and poorly planned diets may contain less than the recommended
(iii) Should state the period over which the benefit claimed was achieved.
daily requirements of vitamins and minerals. Consequently, vitamin/
(iv) Should not be based upon unusual or unrepresentative individual
mineral supplements may be offered to safeguard against such
experiences.
deficiencies but it must be made clear they do not contribute to weight reduction.
5.4.2 Substantiation will be required in all cases to show that these requirements have been met.
5.7
Illustration
5.4.3 Where there are illustrations (or an illustration) of the individual concerned,
5.7.1 Where there is any claim or implication that a person depicted in an
these should not exaggerate any loss achieved and should in case of
illustration has benefited from the product or service being offered,
‘before and after’ illustrations permit a fair comparison to be made.
that illustration must conform to the advice given in 5.4 above.
5.4.4 In the case of figure control claims, the results on various parts of the
5.7.2 Individuals should not be presented in such a way as to suggest that the subject has enjoyed any particular benefit of the kind discussed above.
anatomy should not be aggregated, but should be listed individually.
5.5
Exaggerated Claims
5.8
Products, the efficacy of which for Slimming (Weight Reduction or Figure Control) has not yet been adequately substantiated
5.5.1 Claims as to uniqueness, novelty or a greater degree of efficacy than
should not be advertised.
other products should not be made unless there is adequate substantiation for the product’s difference in significant respects from other available slimming products. Care should be taken not to suggest that given
5.8.1 The following are instances of products and methods for which slimming (weight loss or figure control) claims are not acceptable:
methods “cannot fail, must work”. Because of the enormous variations between individuals in terms of weight, build and physical condition as well as in psychological preparedness, the most that can be claimed for
(i)
Machines or vibrator machines including electrical muscle and nerve stimulators.
any method is a high probability of success.
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(ii) Inflatable garments.
APPENDIX E - Financial Services and Products
(iii) Sauna and Turkish baths.
1.
Explanatory Material
(iv) Products based upon osmosis.
1.1
Advertisements addressed to the public for capital or financial products or services, or financial information should take special care to ensure that the public are fully aware of the nature of any commitment into
(v) Bath essences, soaps.
which they may enter as a result of responding to the advertisement.
(vi) Products claiming artificially to increase the metabolic rate of the body.
1.2
Unspecific advertisements, that is to say those which are limited to indicating in general terms the availability of investment opportunities, are not acceptable unless explanatory material concerning the facilities
(vii) Diuretics, laxatives.
or opportunities available will be provided free of charge to those who request them.
(viii) Hypnosis.
2.
Details of Benefits
2.1
(ix) Products claiming to offer ‘spot reduction’ (i.e. to remove fat from
In specific advertisements which contain details, including those given by
specified parts of the body). way of example, the benefits which may accrue through investing in a
(x) Products claiming to achieve slimming through the removal
given investment should be understood easily and must not take
of ‘cellulite’.
advantage of people’s inexperience and gullibility.
(xi) Thermal pads.
3.
Growth Rates and Rates Of Return
3.1
Where an advertisement contains any forecast or projection of a specific
5.8.2 It will not be regarded as sufficient to validate the advertising of any of these categories of products as efficacious in themselves for weight or figure control, that a diet plan or dieting aids or an exercise scheme or
growth rate, or any specific rate of return, it should make clear the basis
treatment is offered with them.
upon which that forecast or projection is made; whether reinvestment of income is assumed; whether account has been taken, and if so how, of the incidence of any taxes or duties; and whether the forecast or projected return will be subjected to any deductions, either upon premature realization or otherwise.
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3.2
Where growth or return is indicated through the use of money equivalents,
4.
The Nature of the Contract
4.1
The type of contract forming the basis of the product or service advertised
the net annual rate which is thus assumed should be cited in effective percentage terms, and should be calculated upon the same basis as
(and especially any charges, expenses or penalties) should be made
any other rate quoted in support of the claim.
clearly, and wherever the nature of the investments underlying the
When any advertisement quotes past experience in support of a forecast
contract or to which it is linked is material to its choice, a fair description
or projected growth rate it should not mislead in relation to present
3.3
of investment objectives and of such investments should be given.
prospects and should indicate the circumstances and the period of
5.
Tax
5.1
such experience in such a way that the reliability of the forecast or
Where a claim is made in an advertisement as to the return offered by
projected growth rate can fairly be assessed.
All advertisements making claims whether specific or not as to growth
a given investment, and the achievement or maintenance of the return
rate of return should include a note, to be given due prominence, to the
quoted is dependent in part upon the assumed effects of tax or duty,
effect that past experience is not necessarily any guide to the future.
3.4
the advertisement should make it clear that no undertaking can be given that the fiscal system may not be revised with consequent effect upon
3.5
the return offered.
Where rates of returns are expressed as gross the tax position should be clearly explained.
5.2
The phrases ‘tax-free’, ‘tax-paid’ and other phrases should not be used
Where claims to investment skill are based upon an asserted increase
without qualification as to the particular tax and/or duties involved. In
in the value of particular items purchased (or recommended for purchase)
particular the advertiser should state as clearly as possible what
by the advertiser in the past, he should be able to adequately substantiate
3.6
liabilities may arise and by whom they will be paid.
that the purchase or recommendation upon which this assertion is based was made at the time claimed, and that the present value asserted
6.
Other Restrictions
6.1
Where an advertiser reserves the right under certain circumstances to
for the investment corresponds to the price actually obtained for identical items when sold in the open market in the period immediately preceding the appearance of the advertisement. No claim to increase in the value of investments or the collectibles should be based upon the
immediate repayment might be demanded by the investor, the maximum
performance within a given market of selected items only, unless
period during which repayment may be withheld should be stated in the
substantiation for the claim can be provided.
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defer repayment of any sum invested for which in normal circumstances
advertisement.
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6.2
Where investors are offered planned withdrawal of capital as an income
APPENDIX F - Mail Order Advertising
equivalent, e.g. by cashing of unit trusts, the advertiser should ensure that the effect of such withdrawals upon capital invested is clearly explained.
6.3
1.
Definition of Mail Order Advertisement
Advertisements which may lead to the employment of money in anything
1.1
“Mail order advertisement” is to be taken as referring to all
the value of which is not guaranteed, should indicate that the value of the
advertisements, except as expressly provided below in which an offer is
investment can go down as well as up. Where values are guaranteed,
made, whether directly or by implication, to dispatch goods, or have
sufficient detail should be included to give the readers a fair view of the
them delivered to the purchaser, upon receipt of a written order,
nature of the guarantee.
accompanied by payment in whole or in part, without the necessity for the consumer to visit any retail establishment or to examine the goods prior to purchase. The rules in the ensuing paragraphs apply to all mail order advertisements including those by any advertiser who also conducts a normal retail business.
1.2
Where payment of RM1.00 or less is required by the advertiser for the provision of information (e.g. by way of all catalogue, brochure, price list or the like), the provisions of this Appendix, apart from 3.1, do not apply.
2.
Conformity to the Main Code
2.1
Mail order advertisers should conform to all applicable sections of the
Malaysian Code of Advertising Practice and also to requirements 3 to
5 below.
3.
Obligations of Mail Order Advertisers
3.1
The name of the advertiser and an address at which he can be contacted should be given in full in the advertisement. Accommodation address may not be used. If a newspaper, magazine or Post Office box number is used, a full postal address for the advertiser should also be given in the advertisement.
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(ii) A consumer shall be entitled to be reimbursed in consequence of a
Advertisers who offer goods by mail order should be prepared to meet
delay in fulfilment of the order.
any reasonable demand created by their advertising and should be prepared to demonstrate or supply samples of the goods advertised to
(iii) In either case cash refunds should be made immediately upon
the media owners to whom their advertisements are submitted.
receipt of the returned goods or request for reimbursement. Credit
The name of the advertiser should be prominently displayed at the given
notes or vouchers should not be supplied in lieu of cash refunds
address in the advertisement.
3.2
unless specifically requested.
Adequate arrangements should exist at that address for enquiries to be
(iv) Except where the publisher requires otherwise, the advertiser is not
handled by a responsible person available on the premises during
expected to pay the cost of return postage (or carriage) from the
normal business hours.
3.3
consumer to himself, unless the goods supplied by him do not conform to description or are damaged on receipt, or he otherwise
3.4
fails to satisfy his contractual obligations.
Samples of the goods advertised should be made available there for public inspection, except as provided below in 3.5.
Where the product is advertised as carrying the benefit of a money
Where be spoke or made-to measure goods are concerned, or where
back guarantee (however expressed) and if no limit is placed in the
it is the advertiser’s proposal (in which case it must be clearly expressed
advertisement for the period during which such a guarantee is to be
in his advertisement) that manufacture should not be expressed by him
effective, the advertiser should be prepared to make a refund at any
unless sufficient public interest is manifested in the articles on offer, then
3.5
time throughout the reasonably anticipated life of the product.
models or examples of similar work should be made available in lieu of samples of the articles to be supplied.
3.7
The advertiser should be prepared to fulfil all orders placed as the result of a mail order advertisement either immediately upon receipt, or within
3.6
The advertiser should refund all money paid for the goods and their
such period as is either prominently stated in the advertisement or is
dispatch in the following circumstances:
required to be stated by the publishers. In no case, except those detailed below, should such period exceed 28 days:
(i)
Where goods are returned to the advertiser, undamaged, within seven days of receipt. If items are returned, the date of posting or the date of handling over to the carrier will be taken as the date on which the goods are returned to the advertiser. The advertiser should make it clear to consumers whether or not they may try out the goods, subject to these remaining undamaged. If no indication is given, it will
(i)
Where security for the publisher’s money is provided, whether through stakeholder or schemes, longer periods than 28 days may be permitted
(at the discretion of publisher) to elapse before dispatch of the goods, provided that the advertiser’s proposal thus to delay dispatch is prominently and clearly expressed in the advertisement.
be taken that trial by the consumer is permitted.
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(ii) Where an advertisement makes it clear that a series of items are to be
a further communication to the consumer enclosing a reply paid post
dispatched in sequence and states the intervals between consignments,
card, and offering a refund of his money. A similar procedure should be
then, when advance payment for the whole series is involved, only
followed where orders cannot be fulfiled within the period stated in the
the first delivery need be made within the 28-day period. Where a
advertisement. If the consumer nonetheless elects to await the delivery
substantial sum is required in one advance payment, advertisers are
of the goods, the progress of his order should be reported to him at
required to provide security by means of stakeholder or similar
intervals of not more than 14 days.
schemes for that part of the purchaser’s money which remains unsatisfied by the provision of goods, the outstanding money to be
4.
released to the seller at intervals he fulfils his contract with the buyer.
(iii) Unless advertisements for the supply by mail order prominently and
Conformity of Goods to Description and Sample, and to Relevant
Standards
4.1
All goods despatched in response to orders received as a result of a mail
clearly state the latest date on which (or period within which)
order advertisement should conform both to the description of them
dispatch will be effected, the following categories of goods may be
given in that advertisement, and to any sample which may have been
exempted from the requirements of dispatch within 28 days:
supplied to the publisher of the advertisement. Substitutes may only be supplied with the express consent of the person who ordered the goods for which they are placements.
• Plants.
• Bespoke and made-to-measure goods.
4.2
All goods offered in mail order advertisements should aim to conform to relevant acceptable standards, particularly those relating to safety of
• Goods, the manufacture of which may not be commenced unless
consumer goods, and should not infringe any regulations made under
sufficient response is forthcoming (in which case the advertiser’s
the Trade Description Act. Electrical goods should comply with the
statement of his intention should be clearly expressed in his
Electricity Act 1949.
advertisement).
4.3
3.8
Advertisements for articles made of precious metal should state the amount and fineness of the metal involved in the pieces on offer.
When for whatever cause, an order cannot be fulfiled immediately and no date for dispatch is quoted in the advertisement, an acknowledgement of the order, quoting a reference for correspondence, should be sent by
5.
Goods Unacceptable for offer in Mail Order Advertisement
5.1
‘Lucky’ charms, mascots or other goods which seek to exploit superstition.
5.2
Medical products except as provided in Appendix B of this Code.
return of post. This acknowledgement should state the anticipated date at which the order will be fulfiled. If, when that date arrives, the advertiser is still unable to dispatch the goods, and in any event not later than
28 days from receipt of the original order, the advertiser should send
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APPENDIX G - Sales Advertisement
2.4
If expressions such as ‘Bankrupt Stock’, ‘Bankrupt Sale’, ‘Bankrupt
Prices’ are used, evidence of the bankruptcy should be provided. In the absence of such evidence the advertisement should not be accepted.
Advertisements of ‘sales of general consumer goods’ conducted by certain types of traders have given rise to complaint. The main grounds have been misdescriptions of the character of the sales and of the goods, anonymity of
2.5
If expressions such as ‘Damaged by fire’, ‘Damaged by water’, ‘Salvage
the promoters, and unsubstantiated price comparisons. Some of the
Stock ’are used, confirmatory evidence should be required to show the
advertisers impose an additional sales charge at the time of the sale, and the
date and the place of the occurrence, and that the actual goods to
advertisements have not made either the existence or the effect of the charge
which expressions are applied were involved. (Some traders, having
sufficiently apparent.
once acquired salvage stock, have thereafter continued indefinitely to represent that all their goods come from that same single source).
1.
Comparative Prices
3.
1.1
Name and Address of Itinerant Advertisers
3.1
The name and permanent address of itinerant advertisers should be
Unless the advertiser is an established trader, i.e. one who has carried on business continuously for a period of at least six months at the place where the ‘sale’ is being held, his advertisements should not contain
included in their advertisements.
any price comparisons.
3.2
2.
Descriptions of ‘Sales and Goods’
2.1
Claims or implications in an advertisement that goods are ‘bankrupt’,
Their advertisements are not acceptable unless they have provided media with the following information:
(i)
In the case of a limited company, the registered address.
‘liquidated’, ‘damaged’, or ‘salvaged stock’ or of similar description, should not be used to describe any ‘sale’ unless they may properly be applied to all the goods advertised.
2.2
(ii) When the advertiser is not a limited company or registered business, his own name and a verifiable permanent address.
If the sale is claimed to be ‘By Order’ – whose order is it? Expressions such as “By Order – must be sold” are not acceptable unless an order has been made by the Court, Official Receiver or Liquidator.
2.3
If ‘Liquidator’s Prices’ are mentioned, the name and address of the
Liquidator should be provided. Expressions such as 3-day Liquidation
Sale or Liquidator’s Prices are not acceptable where there is no liquidation in the legal sense to support the claim.
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APPENDIX H - Hair and Scalp Products
APPENDIX I - Advertising For Vitamins and Minerals
Advertisers should be able to provide scientific evidence, where appropriate
1.
Introduction
1.1
This appendix applies to the following categories of advertisements:
in the form of trials conducted on people, for any claim that their product or therapy can prevent baldness or slow it down, arrest or reverse hair loss, stimulate or improve hair growth, nourish hair roots, strengthen the hair or improve its health as distinct from its appearance.
(i)
Those for medicinal products whether licensed or exempt from licensing.
(ii) Those for food products which claim or imply therapeutic or prophylactic qualities.
(iii) Those for cosmetic or toiletry products which claim or imply therapeutic or prophylactic qualities.
(iv) Those for any product which is advertised, whether wholly or in part, upon the basis that it may improve, restore or maintain the user’s health or physical or mental condition.
1.2
This appendix does not apply to those advertisements for medicinal products which have been licensed and where the advertisement is consistent with the terms of such a licence.
2.
Foods
2.1
There are also restrictions and requirements affecting advertisements for food under the relevant legislation.
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2.2
Vitamins and minerals are essential for all ages for the maintenance of
4.
Specific
4.1
While there is no evidence of general widespread vitamin or mineral
physical and mental health and well-being. The daily requirements of normal healthy individuals are generally available from a full, properly prepared and well balanced daily diet.
deficiency there are instances where vitamin/mineral supplementation of the diet of an individual who is under medical supervision may be
Vitamins and minerals are present in the foods which make up this diet
appropriate. In assessing the appropriateness of claims made for the
and mention may be made of the vitamin and mineral contribution of a
content of vitamin and mineral products, the authorities will have regard
particular product.
2.3
to the specific evidence available and to the recommendation published.
Those who may require vitamin supplementation include:
3.
General
(i)
3.1
Many healthy persons supplement their diet with either single or multi-
Those who live alone and often do not trouble to prepare fresh or adequate meals;
vitamin/mineral supplements as a general safeguard. Advertisements for vitamin/mineral supplements may mention the vitamin or mineral
(ii) Those who tend to eat nutritionally inadequate snacks, or foods
contribution of the product but care should be taken to avoid the
which have been over cooked or kept hot for long periods thus
suggestion that:-
losing most of their content of some vitamins and minerals;
(i)
Supplements can take the place of a balanced diet;
(iii) The elderly and others who, through various disabilities including apathy, fail to prepare or consume full varied and properly balanced meals.
(ii) Consuming a vitamin supplement is necessary to avoid dietary deficiency; (iii) The consumption of additional vitamins or minerals will enhance normal good health;
(iv) The addition of a vitamin supplement to a balanced diet will provide any therapeutic benefit to persons in normal good health; and
(v) The addition of a vitamin supplement to the diet will enhance good
(iv) Children and adolescents who, because of fads, do not have a properly balanced diet;
(v) People who embark upon a weight-reducing diet without professional advice;
(vi) People convalescing from an illness who have leeway to make up in their nutrition;
(vii) Athletes in training and those in very physically active occupations;
looks, elevate mood, increase ability or performance.
(viii) Women of child-bearing age who may need supplementary iron;
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(ix) Lactating women, who have increased dietary requirements of
APPENDIX J - Motoring
vitamin and minerals; and
1.
portraying or referring to practices that encourage or condone anti-
(x) Pregnant women, who have increased dietary requirements of
social behaviour.
vitamins and minerals, who have been personally and professionally advised to supplement their diet.
5.
2.
It should be noted that although there may be some depletion of vitamin stored during illness it may not be claimed that the replacement of such
general information about a vehicle’s performance such as acceleration and midrange statistics, braking power, road-holding and top speed.
3.
vitamin will influence recovery, either by speed or degree.
5.2
In serious illness, and in some diseases, an individual’s intake or utilisation
Advertisers should not make speed or acceleration claims the predominant message of their advertisements. However, it is legitimate to give
Illness
5.1
Advertisements for motor vehicles, fuel or accessories should avoid
Advertisers should not portray speed in a way that might encourage motorists to drive irresponsibly or to break the law.
4.
Vehicles should not be depicted in dangerous or unwise situations in a
of dietary vitamins and minerals may be impaired and the intake needs
way that might encourage or condone irresponsible driving. Their
to be augmented. The prescription of vitamins and minerals in those
capabilities may be demonstrated on a track or circuit provided it is
cases should be the province of the doctor, and self-medication should
clearly not in use as a public highway.
not be encouraged.
5.
6.
Care should be taken in cinema commercials where moving image may give the impression of excessive speed. In all cases where vehicles are
Cosmetics
shown in normal driving circumstances on public roads they should be
6.1
vitamin to the skin is in any way beneficial or that it has any effect either in promoting suntan or preventing sunburn.
6.2
seen not to exceed speed limits.
There is no generally accepted medical evidence that the application of
Advertisement claims for vitamins in cosmetics should be restricted to
6.
When making environmental claims for their product, advertisers should conform to the rules on Environmental Claims.
7.
a statement that the product contains a specified vitamin or vitamins.
Prices quoted should correspond to the vehicles illustrated. For example, it is not acceptable to feature only a top-of-the-range model alongside the starting price for that range.
8.
Safety claims should not exaggerate the benefit to consumers. Advertisers should not make absolute claims about safety unless they hold evidence
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to support them.
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APPENDIX K - Environmental Claims
APPENDIX L - Database Marketing
1.
1.
The basis of any claim should be explained clearly and should be qualified
Advertisers should comply with all relevant data protection legislation.
where necessary. Unqualified claims can mislead if they omit significant
Guidance on this legislation is available from the Malaysian Communications
information.
and Multimedia Commission (MCMC). Although data protection legislation has a wide application, these clauses relate only to databases used for
2.
Claims such as ‘environmentally friendly’ or ‘wholly biodegradable’ should
direct marketing purposes. The clauses should be observed in conjunction
not be used without qualification unless advertisers can provide
with the legislation; they do not replace it.
convincing evidence that their product will cause no environmental damage. Qualified claims and comparisons such as ‘greener’ or ‘friendlier’
2.
Advertisers should take all necessary steps to ensure that:
may be acceptable if advertisers can substantiate that their product provides an overall improvement in environmental terms either against
(i)
Advertisements are suitable for those targeted;
their competitors’ or their own previous products.
(ii) Advertisements are not sent unsolicited to consumers if explicit
3.
Where there is a significant division of scientific opinion or where evidence
consent is required;
is inconclusive this should be reflected in any statements made in the advertisement. Advertisers should not suggest that their claims command universal acceptance if that is not the case.
(iii) Advertisements are not sent to consumers who have asked not to receive them or who have not had the opportunity to object to receiving them, if appropriate. Those consumers should be identifiable;
4.
If a product has never had a demonstrably adverse effect on the environment, advertisements should not imply that the formulation has
(iv) Databases are accurate and up-to date and, if rented, bought, etc, have
changed to make it safe. It is legitimate, however, to make claims about
been run against the most relevant suppression file operated by the
a product whose composition has changed or has always been
relevant Preference Service. Reasonable requests for corrections to
designed in a way that omits chemicals known to cause damage to the
personal information should be acted upon within 60 days;
environment.
(v) Anyone who has been notified as dead is not mailed again and the
5.
The use of extravagant language should be avoided, as should bogus
notifier is referred to the relevant Preference Service; and
and confusing scientific terms. If it is necessary to use a scientific expression its meaning should be clear.
(vi) If asked in writing, consumers or the ASA (with consumers’ consent) are given any information available on the nature and source of their personal details.
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Responsibility for complying with the above sub-clauses may not rest
5.
If after collection it is decided to use personal information for a purpose
directly with advertisers but with other data controllers. Those responsible
significantly different from that originally communicated, advertisers
will be expected to comply.
should first get the explicit consent of consumers. Significantly different purposes include:
3.
Unless it is obvious from the context, or if they already know, consumers
(i)
should be informed at the time when personal information is collected:
Disclosure of personal information to third parties for direct marketing purposes;
(i)
who is collecting it (and the representative for data protection queries,
(ii) Use or disclosure of personal information for any purpose substantially
if different);
different from that which consumers could reasonably have foreseen and to which they might have objected.
(ii) why it is being collected;
(iii) if is intended to disclose the information to third parties, including
6.
The extent and detail of personal information held for any purpose should be adequate and relevant and should not be excessive for that purpose.
associated but legally separate companies, or put the information to a use significantly different from that for which it is being provided, in which case an opportunity to prevent this should be given.
7.
Personal information must always be held securely and should be safeguarded against unauthorized use, disclosure, alteration or destruction.
4.
The explicit consent of consumers is required before:
8.
(i)
Personal information should not be kept for longer than is necessary for the purpose or purposes for which it was obtained.
Processing sensitive personal data, including information on racial or ethnic origin, political opinion or religious or other similar beliefs, trade union membership, physical or mental health, sex life or any criminal record or allegation of criminal activity;
9.
Consumers are entitled to have their personal information suppressed.
Enough information should be held by companies, though not for direct marketing purpose, to ensure that no further marketing communications
(ii) Advertising through fax.
are sent as a result of information about those consumer being re-obtained though a third party. If they want to reduce all unsolicited
(iii) Advertising through e-mail or SMS text transmission, save that advertisers may market their similar products to their existing
contact, consumers should register their names and contact details on all relevant suppression files.
customers without explicit consent so long as an opportunity to object to further such marketing is given on each occasion.
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10.
Consumers who have asked for personal information about them to be
APPENDIX M – Employment and Instructional Classes
suppressed may be contacted if they ask to be reinstated.
1.
Where degrees and qualifications are offered, the recognition of which is doubtful, attention should be drawn to the advisability of verifying it with the relevant Ministry. As for the recognised degrees, the value
suppression file.
12.
Advertisers are permitted to use published information that is generally available provided the consumer concerned is not listed on a relevant
11.
should not be misrepresented.
Any proposed transfer of a database to a country outside Malaysia
2.
Advertisement for situations vacant should correspond to genuine
should be made only if that country ensures an adequate level of
vacancies, the existence of which should be fully substantiated, and
protection for the rights and freedom of consumers in relation to the
should not require those interested to send money for further details
processing of personal information or if contractual arrangements are in
(Particular attention is drawn to Private Employment Agencies Act 1981).
place to provide that protection.
However, this does not prevent the offer for sale of directories of opportunities and the like, provided that the advertisement is clear as to the nature of what is offered.
3.
Advertisements offering vocational training or other instructional courses should make no unconditional promises of future employment (whether by the advertiser or anyone else) or future remuneration for those taking the course and should, as appropriate, make clear the level of prior attainment needed to be able to derive benefit from the course and the length of the course. (In connection with the length of the course, particular care should be taken not to mislead by running together discrete periods of study so as to suggest earlier attainment of competence than is probable).
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APPENDIX N - Property Advertising
APPENDIX O - Advertising for Audiotext Services
1.
Introduction: What are Audiotext Services
Advertisements for real property, whether for sale or for rent, should not mislead or exaggerate on such matters as:
Audiotext services are interactive telecommunications services offered via a
(i)
The land itself and any buildings erected or to be erected thereon;
telephone service. Typically, the services use a prefix 600 number in which customers are charged a premium over and above the normal connection
(ii) The physical nature – including furnishings and amenities – and appearance of buildings and flats, and their surroundings;
charges. Such service providers offer, among other things, information, ring tone downloads and friendship services or chatlines.
(iii) The legal title and formalities;
General Rules on Advertising for Audiotext Services
(iv) Rights and easements of any kind;
1.
Rules governing the advertising of such services have been drawn up principally in the best interest of users generally.
(v) Planning, building and sanitary requirements;
2.
and unambiguous that such services are available.
(vi) Taxes, rates and other imposts; and
(vii) The prices, terms of payment and loan facilities;
Advertisements for chat and similar interactive services must be clear
3.
Advertisers should clearly indicate to system users whether or not their services are free of charge, and should not charge users unless such
Particular care is called for in the case of advertisements for real property
warnings have been provided beforehand. Advertisements should
located abroad. Advertising material containing detailed description of
2.
indicate the cost of the services.
such property should include comprehensive and accurate information as stated above.
4.
Where an advertisement does not specifically mention the availability of chat, that service must not be made available on the 600 number. That is, a service provider offering ring-tone downloads must not also make available a chat services as an option when customers call the advertised 600 number.
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5.
Advertisements for chatline and related services must include the
APPENDIX P - Other Specific Categories
company’s name and office number.
1.
Commemorative and Other Items Produced in Limited Editions
1.1
6.
The number of articles to be produced in any limited edition should be
Chatline advertisements should always include:
(i)
The legal age limit for callers
stated in all advertising and promotion material containing any claim that the edition is limited. Where an edition is limited by the number of
(ii) Warnings on the dangers of meeting up with strangers encountered
persons applying within a given period of time, it should be described
through chatlines
7.
as an edition limited by time, and the advertiser should offer to inform all purchasers of the number of articles eventually produced.
Where an advertisement gives the website address (uniform resource locator or url) for non-chat services, that page must not have links or
600 numbers to chat services.
1.2
Advertisements for articles made by precious metal should state the amount and the fineness of the metal involved in the pieces on offer.
8.
Advertisements for chatlines and related services should not contain lewd, sexually suggestive or offensive material.
1.3
Advertisements which make claims about the investment potential of the articles on sale should also make it clear that there can be no
9.
guarantee of any future increase in value.
Advertisement of services aimed at children or young persons must carry the following warning message “This call costs RMX.XX per minutes/per call. Callers under 18 must seek parents or guardians
1.4
approval before calling.”
Advertisements for these products should be of interest as a collector’s item with emphasis being placed primarily upon factors such as scarcity or aesthetic quality and not, or not solely, upon practical considerations
(e.g. utility).
1.5
Advertisements should not trade upon any lack of knowledge among the general public as to the nature and extent of the market for items of the kind advertised about the criteria for assessment employed within that market.
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1.6
Information in the advertisements about the period during which the
(i)
The firm or organization which is responsible for the tour;
(ii)
The means of transport, whether charter or scheduled (including
offer is available should be unambiguous where an offer is made in more than one stage, the final closing date should be clearly stated at an early point in the advertisement, and prior to any information regarding other dates by which the initial orders are being limited.
1.7
whenever possible name of carrier, type and class of aircraft or other means of transport);
Claims as to the ‘scarcity’ and ‘rarity’ or items not produced directly by
(iii)
Destination and itinerary;
(iv)
Exact duration of the tour and of the stay at each locality;
(v)
The type and standard of accommodation, meals and facilities offered;
(vi)
Any special arrangements offered (entertainment, sight-seeing, etc.);
or for the advertiser should be capable of substantiation by reference to the testimony of those expert in the particular market and should, in appropriate cases, take into account the situation worldwide.
2.
2.1
Homework Schemes
Homework scheme means a scheme in which a person is invited to make articles or perform services at home for remuneration.
(vii) The total price of the tour as advertised (at least minimum and maximum prices) and those items which are included therein
2.2
Advertisements for homework schemes should contain an adequate
(airport taxes and other fiscal charges, incidental transportation,
description of the scheme and the reward to be expected. Where it is
porterage, tips, etc.); and
proposed to charge for machine or raw materials or components, or where the advertiser offers to buy back the goods produced by the
(viii) Cancellation conditions.
homework, relevant information should be included in the advertisement.
The full name and the address of the advertiser should be plainly stated.
2.3
Advertisements for homework schemes are not acceptable unless, when offered to media, they are accompanied by full details of the work involved and of the conditions imposed upon the homeworker.
3.
Inclusive Tours
3.1
Advertising material containing detailed descriptions of inclusive tours should be clear as to:
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APPENDIX Q - LIST OF DISEASES TO WHICH NO REFERENCE, OR
APPENDIX Q - LIST OF DISEASES TO WHICH NO REFERENCE, OR
ONLY LIMITED REFERENCE MAY BE MADE IN ADVERTISEMENTS.
ONLY LIMITED REFERENCE MAY BE MADE IN ADVERTISEMENTS.
HOWEVER, THE LIST IS NOT EXHAUSTIVE AND WOULD INCLUDE
HOWEVER, THE LIST IS NOT EXHAUSTIVE AND WOULD INCLUDE
ANY OTHER DISEASES THAT MAY BE IDENTIFIED FROM TIME TO TIME.
ANY OTHER DISEASES THAT MAY BE IDENTIFIED FROM TIME TO TIME.
Illness/Condition
Illness/Condition
Alcoholism
Bladder stones
Amenorrhoea
Bleeding disease
Anaemia (pernicious)
Breast disease
Ankles, diseased
Bright’s disease
Appendicitis
Cancer
Arteriosclerosis
Carbuncles
Artery troubles
Cardiac symptoms, heart troubles
Arthritis
Cataract
Asthma
Cholera
Barmer’s Rash
Convulsions
Bilharzia
Dengue (fever)
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APPENDIX Q - LIST OF DISEASES TO WHICH NO REFERENCE, OR
APPENDIX Q - LIST OF DISEASES TO WHICH NO REFERENCE, OR
ONLY LIMITED REFERENCE MAY BE MADE IN ADVERTISEMENTS.
ONLY LIMITED REFERENCE MAY BE MADE IN ADVERTISEMENTS.
HOWEVER, THE LIST IS NOT EXHAUSTIVE AND WOULD INCLUDE
HOWEVER, THE LIST IS NOT EXHAUSTIVE AND WOULD INCLUDE
ANY OTHER DISEASES THAT MAY BE IDENTIFIED FROM TIME TO TIME.
ANY OTHER DISEASES THAT MAY BE IDENTIFIED FROM TIME TO TIME.
Illness/Condition
Illness/Condition
Dermatitis
Fits
Diabetes
Frigidity
Diphtheria
Fungus
Disseminated sclerosis
Gallstones
Dropsy
Drug addiction
Ear (any structural or organic defect of the auditory system)
Gangrene
Glaucoma
Hernia
Hypertension
Epilepsy
Impetigo
Enlarged glands
Indigestion where the reference is to chronic or persistent
Erysipelas
Infantile diarrhoea
Eye (any structural or organic defect of theoptical system)
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APPENDIX Q - LIST OF DISEASES TO WHICH NO REFERENCE, OR
APPENDIX Q - LIST OF DISEASES TO WHICH NO REFERENCE, OR
ONLY LIMITED REFERENCE MAY BE MADE IN ADVERTISEMENTS.
ONLY LIMITED REFERENCE MAY BE MADE IN ADVERTISEMENTS.
HOWEVER, THE LIST IS NOT EXHAUSTIVE AND WOULD INCLUDE
HOWEVER, THE LIST IS NOT EXHAUSTIVE AND WOULD INCLUDE
ANY OTHER DISEASES THAT MAY BE IDENTIFIED FROM TIME TO TIME.
ANY OTHER DISEASES THAT MAY BE IDENTIFIED FROM TIME TO TIME.
Illness/Condition
Illness/Condition
Insomnia, where the reference is to chronic or persistent
Miners Phthisis
Infertility
Nephritis
Itch (except itch caused by insect bite)
Obesity
Kidneys (disorders or diseases of the)
Obsteoarthritis
Lazy eye
Paralysis
Leprosy
Pneumonia
Locomotor or any other ataxi
Phlebitis
Lupus
Prolapse
Menopausal ailments
Psoriasis
Meningitis (all types)
Purpura
Mental disorder
Pyorrhoea
Migraine
Rheumatism
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APPENDIX Q - LIST OF DISEASES TO WHICH NO REFERENCE, OR
APPENDIX Q - LIST OF DISEASES TO WHICH NO REFERENCE, OR
ONLY LIMITED REFERENCE MAY BE MADE IN ADVERTISEMENTS.
ONLY LIMITED REFERENCE MAY BE MADE IN ADVERTISEMENTS.
HOWEVER, THE LIST IS NOT EXHAUSTIVE AND WOULD INCLUDE
HOWEVER, THE LIST IS NOT EXHAUSTIVE AND WOULD INCLUDE
ANY OTHER DISEASES THAT MAY BE IDENTIFIED FROM TIME TO TIME.
ANY OTHER DISEASES THAT MAY BE IDENTIFIED FROM TIME TO TIME.
Illness/Condition
Illness/Condition
Rheumatoid arthritis
Tetanus
Ringworm
Trachoma
Ruptures
Scabies
Thrombosis
Tuberculosis
Tumours
Scarlet fever
Typhoid
Sexual non-function
Ulcer (duodenal gastric, pyloric, stomach)
Skin disease
Urinary infections
Sleeplessness
Varicose veins
Smallpox
Venereal disease
Squint
Vertigo
Sycosis (Barber’s Itch)
92
Whooping cough
93
APPENDIX R - LIST OF MALAYSIA STATUTES AFFECTING
APPENDIX R - LIST OF MALAYSIA STATUTES AFFECTING
OR RELEVANT TO ADVERTISING (AS AT 31ST DECEMBER 2007)
OR RELEVANT TO ADVERTISING (AS AT 31ST DECEMBER 2007)
Title
Reference
Title
Reference
Accountants Act 1967 (Revised 1972) – Malaysia Act
94
Copyright Act 1969 – Malaysia Act
10
Adoption Act 1952 (Revised 1981) – Malaysia Act
257
Dangerous Drugs Act 1952 (Revised 1980) – Malaysia Act
234
Defamation Act 1957
286
Dental Act 1971 – Malaysia Act
51
Election Commission Act 1957 - (Revised 1970) – Malaysia Act
31
Election Offences Act 1954 - (Revised 1969) – Malaysia Act
5
Boys Scouts Association of Malaysia (Incorporation) Act
1968 – Malaysia Act
Business Names Ordinance – Sarawak Cap.
Business, Professions and Trade Licensing Ordinance
• Sabah Cap.
Civil Aviation Act 1969 – Malaysia Act
38/1968
64
33
3
Emblems and Names (Prevention of Improper Use) Act 1963
Commodities Trading Act 1985
324
Common Gaming Houses Act 1953 – Revised 1983
289
• F. M. Act
19/1963
Control and Restriction of the Propagation of
Non-Islamic Religions Enactment 1981
• Kelantan Enactment
• Terengganu Enactment
Control of Imported Publications Act 1958
(Revised 1972) – Malaysia Act
94
11/1981
1/1980
63
8/1977
• Malacca
Enactment 1981
2/1981
Enactment 1966
1/1966
• Pahang
Enactment 1966
1/1961
Enactment 1961
8/1961
• Perak
125
Enactment 1977
• Penang
Companies Act 1965 (Revised 1973) – Malaysia Act
11/1961
• Negeri Sembilan
588
Enactment 1961
• Kelantan
Communications and Multimedia Act 1998
• Kedah
Enactment 1966
7/1966
• Perlis
Enactment 1963
9/1963
• Sabah
Enactment 1979
14/1979
• Selangor
Enactment 1962
4/1962
• Terengganu
Enactment 1976
11/1976
95
APPENDIX R - LIST OF MALAYSIA STATUTES AFFECTING
APPENDIX R - LIST OF MALAYSIA STATUTES AFFECTING
OR RELEVANT TO ADVERTISING (AS AT 31ST DECEMBER 2007)
OR RELEVANT TO ADVERTISING (AS AT 31ST DECEMBER 2007)
Title
Reference
Film (Censorship) Act 1952 (Revised 1971) – Malaysia Act
35
Finance (Banking and Financial Institutions) Act 1986
Title
330
Malaysian Red Cross Society (Incorporation)
Act 1955 – Malaysia Act
Reference
47/1965
*Martial Arts Societies Act 1976 – Malaysia Act
*Food Act 1983 – Malaysia Act
-
Gambling Ordinance – Sarawak Cap
138
Gaming Ordinance – Sabah Cap
50
Geneva Conventions Act 1962 – F. of M. Act
5/1962
Girl Guides Ordinance 1953 – F. of M. Act
61/1953
Housing (Control and Licensing Developers)
24/1978
Enactment 1978 – Sabah Enactment
Housing Developers (Control and Licensing) Act 1966
50
Medicine (Advertisement and Sale) Act 1956
• Revised 1983
290
Midwives Act 1966
• Malaysia Act
• Sabah Cap.
• Sarawak Cap.
Minor Offences Act 1955 – Revised 1987
54/1966
78
133
336
Moneylenders Ordinance 1951
• F. M. Ordinance
• Sabah Cap.
• Sarawak Cap.
42/1951
81
114
20/1968
259
(Revised 1981) – Malaysia Act
Internal Security Act 1960 (Revised 1972) – Malaysia Act
82
Legal Profession Act 1976 – Malaysia Act
166
Lotteries Act 1952 – Revised 1983
288
96
Medical Act 1971 – Malaysia Act
National Anthem Act 1968 – Malaysia Act
118
(Revised 1973) – Malaysia Act
Indecent Advertisements Act 1953
170
National Emblems (Control of Display) Act 1949
(Revised 1977) – Malaysia Act
193
Nurses Act 1950 (Revised 1969) – Malaysia Act
14
Official Secrets Act 1972 – Malaysia Act
88
97
APPENDIX R - LIST OF MALAYSIA STATUTES AFFECTING
APPENDIX R - LIST OF MALAYSIA STATUTES AFFECTING
OR RELEVANT TO ADVERTISING (AS AT 31ST DECEMBER 2007)
OR RELEVANT TO ADVERTISING (AS AT 31ST DECEMBER 2007)
Title
Reference
Penal Code – F.M.S. Cap
45
Pesticides Act 1974 – Malaysia Act
Title
Reference
149
Poisons Act 1952 – F. of M. Ordinance
Poisons (Sodium Arsenite) Ordinance 1949
• F. M. Ordinance
*Sale of Food and Drugs Ordinance 1952
• F. of M. Ordinance
29/1952
Sedition Act 1948 (Revised 1969) – Malaysia Act
28/1952
15
Service Commission Ordinance 1957
15/1949
Post Office Act 1947 (Revised 1978) – Malaysia Act
211
Private Employment Agencies Act 1981
246
Price Control Act 1946 (Revised 1973) – Malaysia Act
121
• F. of M. Ordinance
74/1957
St. John’s Ambulance of Malaysia (Incorporation)
Act 1972 – Malaysia Act
74
State Arms and Flags Enactments
• Johore Enactment No.
Trade Descriptions Act 1972 – Malaysia Act
Printing Presses and Publications Act 1984
Private Health Care Facilities and Services Act 1988
Public Health Ordinance 1960
• Sabah Ordinance
• Sarawak Ordinance
57
87
*Trade Marks Act 1976 – Malaysia Act
175
Undesirable Publications Ordinance – Sabah Cap.
151
301
586
7/1960
24/1962
Registration of Businesses Act 1956 (Revised 1978)
197
Registration of Pharmacists Act 1951
371
United Kingdom Designs (Protection) Act1949 (Revised 1978)
• Malaysia Act
Road Transport Act 1987
98
• Sabah Cap.
152
• Sarawak Cap.
59
Veterinary Surgeons Act 1974 – Malaysia Act
Registration of Engineers Act 1969 (Revised 1974)
• Malaysia Act
214
147
138
333
99
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