Netherlands
Public Bodies
Ministerie van Onderwijs, Cultuur en Wetenschap (Ministry of Education, Culture and Science)
Empowered by the Media Act to adopt rules to implement the articles on the EU TWF Directive related to children if it considers that they have not been sufficiently incorporated in the Advertising Code by the Advertising Code Foundation or if the latter fails to supervise their enforcement.
Commissariaat voor de Media (Media Authority)
Established in 1988, it supervises whether broadcasters' compliance with the provisions of advertising and sponsorship in the Media Act and Media Decree and can impose fines but it does not handle complaints. It consists of 3 members appointed by Royal Decree for 5 years.
Inspection Board of the Foundation Code of Medicines
It handles the complaints on the advertising of medicines.
No link available.
Self-regulation bodies
Stichting Reclame Code (SRC) (Advertising Code Foundation)
The SCR has been set up and funded by the advertising industry to apply code and rules regulating advertising content. It receives complaints for investigation, and in case the complaint is upheld, the advertiser will be requested to withdraw or amend the advertisement.
Its purpose is to draft rules (Advertising Code) with which advertising is required to comply and ensure their implementation via the adjudication on complaints made by the Advertising Code Committee and the Board of Appeal.
Anyone who feels that advertising violates the Advertising Code may submit a complaint to the Advertising Code Committee (De Reclame Code Commissie). The Advertising Code Committee can also evaluate advertising without a complaint having first been submitted.
Broadcasters based in the Netherlands who carry advertising are obliged by law to be members of the SRC and they are committed to ensuring that all advertising that is broadcast complies with the Code. Ads which have received copy advice, and even have been pre-cleared, have no guarantees of not receiving complaints, and the complaints being upheld.
SCR is a member of EASA (European Advertising Standards Alliance).
Law
Burgerlijk Wetboek (Civil Code)
Article 6, § 194-196
Full text (English version not available)
De Mediawet - Media Act, 1987 (several times updated), applicable to advertising broadcast on TV or on radio
Articles 41a section 4, 52a section 3b, 52d section 1
Full text (Dutch version)
Full text
(English version)
Media Besluit - Media Decree, 1987 (several times updated), applicable to advertising broadcast on TV or on radio
Articles 11, section 3, 52e section 3
No specific rules apply to non-broadcast and Internet advertising.
Full text (English version not available)
Reclamebesluit Geneesmiddelen - Medicinal Products Advertising
Act, 31 October 1994
Article 10e
It implements EC Directive 92/28 of 31 March 1992 on the advertising of medicinal products for human use.
Link not available.
Self-regulation
Nederlandse Reclame Code (Netherlands Advertising Code)
October 2000, by the Advertising Code Foundation
General Part:
Articles 10, 13.1-3
Special Parts:
Advertising Code for Alcoholic Beverages, June 2000
Articles 14-16, 18.1, 19, 21-23
Code for Letter Box Advertising, Door-to-Door Sampling and Direct
Response Advertising
Articles 16-17
Advertising Code for Casino Games
Articles 6.1, 6.2, 7.1, 7.2, 7.3, 7.4, 8, 9, 11
Code for Telephone Information Services
Article 7.3
Advertising Code for Tobacco Products
Articles 12-15, 17
Code for Telemarketing
Article 9
Code for Confectionery
Articles 1-7
Industriele gedragscode inzake de reclame-en promotieactiviteiten van voedingsmiddelen in relatie tot voiding en gezondheid (Industrial code on advertising and promotional activities for food in relation to nutrition and health)
21 April 2004 by the Nedelandse Voedingsmiddelen Industrie - VEI (Dutch Food Industry), who as of 1 January 2005 is called Federatie Nederlandse Levensmiddelen Industrie - FNLI (Federation of the Dutch Food Industry).
The Code is structured as follows:
1. General principles of food and drink advertising.
2. Additional principles for advertising specifically directed at
children (up to 12 years).
3. Additional principles with regard to advertising and promotional
activities at schools.
Full text (English version not available)
Stichting Verantwoord Alocoholgebruik (STIVA) Herziene Reclamecode voor Alcoholhoudende Draken (Dutch Foundation for Responsible Alcohol Consumption's Advertising Code)
Updated: July 2005