Alcohol advertising regulations in The Netherlands

In the Netherlands three different regulations exists that specifically refer to alcohol advertising.
1. The Alcohol Licensing and Catering Act
2. The Advertising Code for Alcoholic Beverages
3. The Media Act 2008

1. Alcohol Licensing and Catering Act

Article 2 of the Alcohol Licensing and Catering Act (see below an unofficial translation) gives the minister of Health, Welfare and Sport the competence to regulate alcohol advertising in an order in council. But until now there is no such regulation in force.

Article 2 Alcohol Licensing and Catering Act
1. Regulations on the content of advertisements for alcoholic beverages, the target group at which such advertising is aimed, and the time, manner and place at which and in which advertising takes place may be laid down by order in council in the interest of public health. These regulations may include prohibitions, restrictions and requirements in respect of advertisements. The order will include transitional arrangements in respect of advertisements already published when the measure comes into force.
2. It is forbidden to make advertising for alcoholic beverages that does not comply with the regulations laid down pursuant to (1).
3. The prohibition in (2) does not apply to advertisements for alcoholic beverages that merely contain details of the brand, type and price of the beverage in question together with the place where that beverage is sold.
4. An order in council determined pursuant to (1) will come into force no less than eight weeks after the publication date of the Bulletin of Acts, Orders and Decrees in which it is published. Both Houses of the States General will be notified of its publication without delay.

2. The Advertising Code for Alcoholic Beverages

Advertising of alcoholic beverages is in the Netherlands mainly controlled by self regulation of the drinks industry. Since 1977 an Advertising Code for Alcoholic Beverages is in effect. In 2000 this code has been amended. Since then there is a voluntary advertising ban on all media if 25% of the audience (viewers, listeners, readers or visitors) is under 18 years. Since a 2008 amendment there are two obligatory slogans. In advertisements for mildly alcoholic beverages the slogan is: “No 16? No drop!”. In advertisements for strong alcoholic beverages the slogan is: “Enjoy, but drink in moderation”. In the Advertising Code for Alcoholic Beverages the rules of the Audiovisual Media Service Directive are incorporated.

Article 21 Advertising Code for Alcoholic Beverages
No advertising of alcoholic beverages in any form may reach a public that consists of more than twenty-five
percent (25%) of minors. The standard for determining the reach of advertising messages is the generally
accepted survey for this purpose in the market. In case of events the attendance figures are the standard
for determining the reach of advertising messages.
The burden of proof regarding the reach of advertising messages falls on the advertiser, who has to base his figures on generally accepted viewer or listener ratings in the market. For websites one should make a reasonable case for its user profile.

The English translation of the Advertising Code for Alcoholic Beverages can be downloaded here. (743 kB)

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3. Media Act 2008

As of 2009 the Netherlands has a legal ban on alcohol advertisements on television and radio from 6 am to 9 pm. Broadcasters are not allowed to transmit during these hours commercials for all alcoholic beverages. This ban is included in the Media Act 2008. The advertising ban is directed at Dutch broadcasters only. RTL Nederland - which is focused at the Netherlands but established in Luxembourg - voluntarily complies with the time-ban. The rules are enforced by the Dutch Media Authority.

In 2002 the Ministry of Health, Welfare and Sport commissioned the Dutch Institute for Alcohol Policy (STAP) to monitor the advertising and marketing practices of the drinks industry in the Netherlands, including the time-ban in the Media Act 2008. Recently the minister decided the grant for these monitoring activities will stop as of 2013.