October 17, 2022

Advertising requirements and prohibitions according to the legislation of the Republic of Kazakhstan

  1. General requirements for advertising on the territory of the Republic of Kazakhstan
  2. Requirements for social advertising
  3. Advertising bans
  4. Features of some types of advertising

4.1. Features of advertising financial, insurance, investment services and securities

4.2. Peculiarities of advertising trademarks and goods marked with these marks

4.3. Features of advertising of medical services, methods and means of prevention, diagnosis, treatment and medical rehabilitation, medicines and medical products, biologically active food supplements.

  1. Responsibility for violation of the legislation of the Republic of Kazakhstan on advertising

The main law regulating the sphere of advertising is the Law of the Republic of Kazakhstan dated December 19, 2003 No. 508-II “On Advertising”.

Basic concepts:

advertiser – a natural or legal person who is a source of advertising information for the production, distribution and placement of advertising;

advertising producer – a natural or legal person who brings advertising information to a form ready for distribution and placement;

advertising distributor – an individual or legal entity that distributes and places advertising information by providing and (or) using property, including technical means of television and radio broadcasting and in other ways.

  1. General requirements for advertising on the territory of the Republic of Kazakhstan.

Advertising on the territory of the Republic of Kazakhstan (with the exception of periodicals, Internet resources, news agencies) is distributed in the Kazakh language, and at the discretion of the advertiser also in Russian and (or) other languages.

If the activity carried out by the advertiser is subject to licensing, then when advertising the relevant goods (works, services), as well as when advertising the advertiser himself, it is necessary to indicate the number of the license and the name of the body that issued the license, except for advertising on the radio.

In advertising of goods (works, services) sold on the territory of the Republic of Kazakhstan, the price (tariffs, rates, rates) is indicated in tenge.

Since advertising of ethyl alcohol and alcohol, tobacco and tobacco products is prohibited, it is accordingly prohibited to advertise various events, including prize draws, lotteries aimed at stimulating demand and interest in alcoholic products, tobacco and tobacco products.

An advertiser, an advertising producer must store for one year, an advertising distributor – at least one month from the date of the last distribution, placement of advertising, materials or their copies containing advertising, including all subsequent changes made to them.

  1. Requirements for social advertising

In social advertising, it is not allowed to mention the means of individualization, individuals and legal entities, except for the mention of state bodies, local governments, sponsors, individuals who find themselves in a difficult life situation or need treatment in order to provide them with charitable assistance.

In social advertising, it is allowed to mention socially oriented non-profit organizations if the content of this advertisement is directly related to information about the activities of such non-profit organizations aimed at achieving charitable or other socially useful goals.

In social advertising distributed by other means – no more than five percent of the advertising area (space). These restrictions do not apply to references in social advertising about individuals who find themselves in a difficult life situation or need treatment in order to provide them with charitable assistance.

  1. Advertising is prohibited:

1) ethyl alcohol and alcoholic products, products imitating alcoholic beverages;

2) breast milk substitutes;

3) tobacco and tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, electronic consumption systems and liquids for them;

4) Financial (investment) pyramid.

5) Electronic casino and online casino.

6) Residential buildings (residential buildings) under construction or put into operation that do not correspond to the classification of residential buildings (residential buildings) in the approved project documentation.

Note: If the advertisement is addressed to potential equity holders and is related to raising their funds to complete the construction, then it is necessary that the advertiser has permission to raise funds from equity holders. Without such permission, advertising of a project for the construction of a residential building (residential building) is also possible under the following conditions:

– it is necessary to indicate in the advertisement that agreements on equity participation in housing construction will be concluded only after the conclusion of an agreement on the provision of a guarantee with the Guarantee Fund or the issuance of a permit to attract money from equity holders by the local executive body;

 – the advertisement must contain information about the developer and the authorized company.

7) Unregistered religious associations and spiritual (religious) educational organizations.

8) Trademarks, their elements or names, known as the names of alcoholic products, tobacco and tobacco products, which directly or indirectly suggest alcoholic products, tobacco and tobacco products.

9) Goods without confirmation of their compliance with the requirements set forth in the Law of the Republic of Kazakhstan “On Technical Regulation”.

10) lotteries, with the exception of advertisements placed by the lottery operator and (or) distributors (agents) of the lottery under an agency agreement concluded with the lottery operator.

11) service and civilian weapons, as well as weapons, military equipment and dual-use products, the export and import of which are carried out in accordance with the legislation of the Republic of Kazakhstan, is allowed only in special publications, as well as at specialized exhibitions or sales fairs. Said advertising must not directly or indirectly disclose the production technology, methods of using military and special weapons, armaments, military equipment.

12) on vacancies for employment containing requirements of a discriminatory nature in the field of labor.

Note: published job advertisements, competitions for vacancies should not contain criteria for social, official and property status, gender, race, nationality, language, attitude to religion, beliefs, place of residence, age or physical disabilities, as well as belonging to public associations, as well as employers’ preferences for them. For example, age not younger than 20, not older than 45, desired nationality, gender (male or female), etc.

  1. Features of some types of advertising

4.1. Features of advertising financial, insurance, investment services and securities

When producing, distributing, advertising financial (including banking), insurance, investment and other services related to the use of money of individuals and legal entities, as well as securities, it is prohibited:

1) provide information in advertising that is not directly related to the advertised services or securities;

2) guarantee receipt of income and the amount of dividends on ordinary shares;

3) to advertise securities without registration of the issue, as well as in case of suspension or recognition of the issue of securities as failed;

4) provide any guarantees or proposals on the future efficiency (profitability) of activities, including by declaring an increase in the market value of securities;

5) hide any of the essential conditions stipulated in the advertisement, contracts;

6) advertising of types of entrepreneurial activity, which encourages individuals to receive their profit or benefit by involving other individuals in the activities of this enterprise or the purchase of goods of this enterprise;

4.2. Peculiarities of advertising trademarks and goods marked with these marks

Trademarks registered in accordance with the established procedure are given in the original language.

4.3. Features of advertising of medical services, methods and means of prevention, diagnosis, treatment and medical rehabilitation, medicines and medical products, biologically active food supplements.

Features of advertising of medical devices are regulated by the Rules for the implementation of advertising of medicines and medical devices, approved by the Order of the Minister of Health of the Republic of Kazakhstan dated December 20, 2020 No. ҚР ДСМ-288/2020.

Features of advertising of biologically active additives are regulated by the Rules for the implementation of advertising of biologically active food supplements, approved by the Order of the acting. Minister of Health of the Republic of Kazakhstan dated October 27, 2020 No. ҚР ДСМ-160/2020

Features of advertising of medical services are regulated by the Rules for the implementation of advertising of medical services (assistance), approved by the Order of the Minister of Health of the Republic of Kazakhstan dated September 21, 2020 No. ҚР ДСМ-105/2020.

Note: All advertised medicines and dietary supplements must be registered and approved for use on the territory of the Republic of Kazakhstan.

For advertising of medicines and medical devices, an audit is carried out for compliance with the requirements of the legislation, and a conclusion is issued. The verification is carried out by expert organizations in the field of healthcare, and it should be initiated not by media editors, but by advertisers, by providing advertising materials to obtain permission for further distribution in the media.

When advertising traditional medicine (homeopathy, hirudotherapy, manual therapy, reflexology, herbal medicine and treatment with natural products), the number, date of issue and the authority that issued licenses for such activities are required.

When advertising traditional medicine (healing – advertising fortune-tellers, traditional healers, etc.). Although there is no direct prohibition on such advertising, you should remember that the advertiser – traditional healer – can provide you with a license, in which case you must indicate the number and date of issue of the license. Conducting mass healing sessions through the media is prohibited.

  1. Responsibility for violation of the legislation of the Republic of Kazakhstan on advertising

The advertiser is responsible for violation of the legislation of the Republic of Kazakhstan on advertising in relation to its content, language, unless it is proved that this happened through the fault of the advertising producer or advertising distributor.

The advertiser is responsible for violation of the legislation of the Republic of Kazakhstan on advertising in relation to the design or production of advertising.

The advertiser is responsible for violation of the legislation of the Republic of Kazakhstan on advertising in relation to the time, place and method of distribution, placement of advertising.

Thus, according to Article 157 of the Code of Administrative Offenses of the Republic of Kazakhstan (hereinafter referred to as the Code of Administrative Offenses of the Republic of Kazakhstan), the use by an advertiser in advertising of information that misleads the consumer regarding goods, works or services, as well as their manufacturers, performers or sellers –

entail a fine on individuals in the amount of one hundred, on subjects of small entrepreneurship – in the amount of three hundred and fifty, on subjects of medium entrepreneurship – in the amount of five hundred, on subjects of large entrepreneurship – in the amount of one thousand monthly calculation indices.

According to Article 455 of the Code of Administrative Offenses of the Republic of Kazakhstan, the production, distribution, placement and use of advertising of goods (works, services) prohibited for advertising by the laws of the Republic of Kazakhstan –

entail a fine on individuals in the amount of sixty, on officials – in the amount of eighty, on subjects of small entrepreneurship or non-profit organizations – in the amount of one hundred and twenty, on subjects of medium entrepreneurship – in the amount of one hundred and seventy, on subjects of large entrepreneurship – in the amount of four hundred and fifty monthly calculated indicators.

  1. Violation of the legislation of the Republic of Kazakhstan on advertising, committed in the form of:

1) unfair and unreliable advertising, except for the cases provided for in Article 163 of the Code of Administrative Offenses of the Republic of Kazakhstan;

2) unethical and hidden advertising;

3) advertising during the days of national mourning on television and radio channels;

4) advertising in the form of various events, including prize drawings, lotteries, aimed at stimulating demand and interest in alcoholic products, tobacco and tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, systems for tobacco heating, electronic consumption systems and liquids for them;

5) interruption by advertising, including the ticker method, of broadcasting official messages, speeches of candidates for the presidency of the Republic of Kazakhstan and deputies of representative bodies, educational and religious television programs, as well as demonstrations of children’s television programs, with the exception of advertising intended for children and adolescents;

6) interruption of the film demonstration in film and video services by advertising, except for breaks between episodes;

7) placement of outdoor (visual) advertising on monuments of history and culture and in their protected areas, on religious buildings (structures) and on the territory allotted to them and their fences, as well as in specially protected natural areas;

8) advertising of a residential building (residential building) under construction or put into operation that does not correspond to the classification of residential buildings (residential buildings) in the approved project documentation;

9) advertising of religious associations and spiritual (religious) educational organizations not registered in accordance with the legislation of the Republic of Kazakhstan, –

entail a fine on individuals in the amount of thirty-five, on officials – in the amount of seventy, on small businesses or non-profit organizations – in the amount of one hundred, on medium-sized businesses – in the amount of two hundred, on large businesses – in the amount of four hundred monthly calculation indices .

  1. Violation of the requirements established by the laws of the Republic of Kazakhstan for the languages ​​of advertising distribution –

entail a fine on individuals in the amount of twenty, on officials – in the amount of seventy, on small businesses or non-profit organizations – in the amount of one hundred, on medium-sized businesses – in the amount of one hundred and fifty, on large businesses – in the amount of four hundred monthly calculation indices .

  1. The action provided for by paragraph three of this article, committed with the use of mass media, –

entail a fine on individuals in the amount of one hundred, on officials – in the amount of one hundred and twenty, on subjects of small entrepreneurship or non-profit organizations – in the amount of one hundred and seventy, on subjects of medium entrepreneurship – in the amount of two hundred, on subjects of large entrepreneurship – in the amount of five hundred monthly settlement indicators.

  1. Actions provided for by parts one, two, three and four of this article, committed repeatedly within a year after the imposition of an administrative penalty, –

entail a fine on individuals in the amount of one hundred and seventy, on officials – in the amount of two hundred, on subjects of small entrepreneurship or non-profit organizations – in the amount of two hundred and fifty, on subjects of medium entrepreneurship – in the amount of three hundred and fifty, on subjects of large entrepreneurship – in the amount of six hundred and fifty monthly settlement indicators.