Download "Stricter and more detailed national rules for audiovisual commercial communications"

The European Audiovisual Observatory, part of the Council of Europe in Strasbourg, has just published a major new comparative study co-financed by the European Commission: Stricter and more detailed national rules for audiovisual commercial communications.

At a time when advertising is increasingly delivered across television, video-on-demand services and by influencers on social media, this report provides an essential overview of how European countries are regulating high-risk product categories such as alcohol, gambling, financial services and health products available without prescription.

Covering all EU member states and Norway, the report maps how national laws transpose the rules set by the Audiovisual Media Services Directive (AVMSD) and how they sometimes go further, either by providing more details or by being stricter, to better protect consumers, minors and public health.

Advertising rules are at the heart of public protection

Advertising is more than a commercial tool; it reflects societal values and influences consumer behaviour. Our new report explores how audiovisual commercial communications (ACCs), including TV ads, sponsorships, product placement and influencer marketing, are regulated to protect audiences from harmful or misleading content.

Particular attention is paid by lawmakers to sensitive sectors such as alcohol, gambling, financial products and health products available without prescription, often referred to as over-the-counter (OTC) medicines. It is in these contexts that stricter national rules are often introduced to complement EU-level standards.

Our methodology: We’ve drawn up a unique pan-European legal mapping of advertising legislation currently in place

This study is based on a detailed questionnaire completed by national experts, a validation round with national regulatory authorities and additional exchanges and desk research.

This has resulted in our latest comparative analysis across Europe, combining details of media law, sector-specific legislation (e.g. financial or medical law), and self- and co-regulatory frameworks. This report therefore offers comprehensive understanding of how advertising rules operate in practice.

Regulatory trends: A fragmented but evolving European landscape

This report reveals a complex regulatory environment. While the AVMSD provides a common foundation, countries frequently adopt stricter or more detailed rules, particularly for high-risk products.

An important notion is the complementary character of general advertising rules and media-specific rules, targeting not just advertisers but also service providers such as broadcasters, video-sharing platforms and influencers. At the same time, the interplay between legislation and self- and co-regulation is critical in shaping advertising standards across Europe.

Scope of current advertising regulation: From TV to influencers…

This new study shows that advertising rules no longer apply only to traditional broadcasters. They now extend to video on demand platforms, video sharing platforms and influencers or other content creators.

This expansion of legislative scope reflects the reality of today’s digital media ecosystem, where advertising is routinely embedded in content across multiple formats and platforms.

Alcoholic beverages: The most harmonised but still diverse category

Alcohol advertising is one of the few categories of products or services explicitly mentioned in the AVMSD, leading to a relatively high level of harmonization in regulatory approaches.

In spite of this, national rules still vary widely, with many countries imposing stricter conditions on the content of the ACCs, their scheduling and the specific types of alcoholic beverages for which ACCs are possible. These rules generally aim to reduce exposure to minors and discourage excessive consumption.

Gambling products: Strong national intervention

Gambling is one of the most tightly regulated sectors, with media-specific rules identified in a large number of countries.

Restrictions frequently include limits on advertising timing, messaging and targeting, reflecting concerns about addiction and consumer protection. Some countries also rely heavily on self-regulatory codes to complement legal frameworks.

Financial products: Increasing scrutiny and consumer warnings

Advertising for financial products (such as online loan systems) is subject to growing regulatory attention, particularly in light of risks linked to credit, investments and consumer debt.

This new report highlights detailed requirements imposed on such services: mandatory risk warnings, transparency obligations and specific presentation rules designed to ensure that consumers are fully informed before making financial decisions.

Health products without prescriptions (OTC medicines): Balancing access and protection

Rules governing OTC medicines aim to strike a balance between promoting access to health products and preventing misleading claims. Many countries require clear disclaimers and public awareness messages, while maintaining strict prohibitions on advertising prescription-only medicines, as per the provisions of the AVMSD.

Alternative medicines: A lightly regulated but emerging area

Compared to other categories, alternative medicinal products are less frequently subject to media-specific rules. However, this report identifies emerging regulatory attention, particularly as these products gain visibility through digital platforms and influencer marketing.

General bans: Clear red lines across Europe

Across all jurisdictions and all regulatory approaches studied, certain products, such as tobacco and prescription medicines, are subject to outright advertising bans, as per the AVMSD. Additional national bans exist at the national level.

National country profiles

Following this European overview approach, this new report zooms in at a national level and offers a detailed country-by-country exposé of national legislation concerning the aforementioned products in all 27 EU countries plus Norway. This invaluable detailed mapping enhances and compliments the broad brushstrokes of the introductory chapters.

Conclusion: Towards smarter and more adaptive advertising regulation in Europe?

This report aims at helping the reader to understand the current national regulatory frameworks with regard to ACCs in Europe, in the context of a rapidly evolving media environment.

It shows that while EU legislation such as the AVMSD ensures a common baseline, some countries have implemented stricter or more detailed rules, especially for high-risk sectors and digital platforms.

This report is essential reading for:

• Media regulators and policymakers
• Legal experts in media, advertising and digital law
• Broadcasters, platforms and advertisers
• Researchers and academics
• Journalists covering media, consumer protection and digital policy
• Influencers and content creators engaging in commercial activities online

Anyone interested in European media regulation, advertising law, digital platforms and consumer protection will find valuable insights in this comprehensive study.