List of Code

Advertising Standards Malaysia

Advertising Standards Malaysia (ASA Malaysia) is a self-regulatory body administering the Malaysian Code of Advertising Practice. This section explains the formation and role of ASA Malaysia.

Advertising Practice in Malaysia

The Malaysian Code of Advertising Practice (hereinafter referred to as “the Code”) is a fundamental part of the system of control by which Malaysian advertising regulates its activities. This section explains the administration and coverage of the Code.

Preamble to the Code

The principle for all advertisements is that they should be legal, decent, honest and truthful. This section explains how advertisements should be prepared with a sense of responsibility to consumers and in respect of the Malaysian multi-cultural ethnicity.

Scope of the Code

The primary object of this Code is the regulation of commercial advertising. In addition the Code applies, so far as is appropriate to advertisements by non- commercial organisations and individuals. Political Advertising is excluded from the scope. This section outlines the detailed scope of the Code.

Interpretation of the Code

The Code is to be applied in the spirit as well as in the letter. In assessing an advertisement’s conformity to the terms of this Code, the primary test applied will be that of the probable impact of the advertisement as a whole upon those who are likely to see it. This section provides the definition of an advertisement, product and consumer

EXPLANATORY NOTES GENERAL PRINCIPLES OF ADVERTISING

This is a key and extensive section of the Code, containing 22 rules such as substantiation (prove of claims); pricing; the use of the word ‘free’; availability of products, comparisons, inertia selling, subliminal advertising, switch advertising, guarantee, safety, testimonials, imitation, exploitation. outdoor, and more.

SPECIFIC CATEGORIES OF ADVERTISEMENTS

PART 1

Children and Young People
Due care must be taken when featuring or addressing children and young people in advertisements. Advertisements should not undermine positive social behaviour, lifestyle and attitudes. This section outlines rules that must be followed if directing or featuring ads involving children or young people.

PART 2

Medicinal and Related Products and Advertisements Containing Health Claims Advertisements for such products or treatments require detailed scrutiny. This section outlines rules to cover evidence levels suitable qualifications for those claiming to treat; medicines rules; herbal and homeopathic product rules; cosmetics and hair growth / loss as well as unacceptable claims and products that cannot be advertised.

PART 3

Advertising for Alcoholic Drinks
Advertisements for alcoholic drinks should not be targeted at people under 18 and should not imply, condone or encourage alcohol drinking. This section apply to advertisements for alcoholic drinks and those that feature or refer to alcoholic drinks

PART 4

Advertising for Slimming Products and Services
Advertisements s for weight control, slimming and aids, including food; exercise; diets, clinics and medicines. Rules cover general claims and more. This section outlines that advertisements for slimming and weight control products receive the necessary high level of scrutiny.

PART 5

Financial Services and Products
Advertisers must maintain rigorous standards in financial advertising as consumers often rely on such products and services for their financial security. Advertisers should also be aware of requirements of their professional codes of conduct in relation to advertising. This section outlines the advertisements requirements for financial services and products in relation to taxation, restrictions and more.

PART 6

Mail Order Advertising
All advertisements in which an offer is made, whether directly or by implication, to dispatch goods, or have them delivered to the purchaser, upon receipt of a written order, 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. This section outlines the advertisements requirements in relation to conformity, obligations and unacceptable goods.

PART 7

Sales Advertisement
This section outlines the common misrepresentations of the character of the sales and of goods, anonymity of the promoters, and unsubstantiated price comparisons of general consumer goods.

PART 8

Hair and Scalp Products
Advertisers should be able to provide scientific evidence, wh\propriate 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.

PART 9

Advertising For Vitamins and Minerals
This section outlines the advertisement requirements for medicinal, food products and cosmetic or toiletry products.

PART 10

Motoring
Advertisements should not condone or encourage unsafe or anti-social driving practices. If they make environmental claims, advertisements for motor vehicles, fuel or accessories should comply with the rules in Part K. This section outlines advertisement requirements on depicting speed, dangerous or unwise driving, safety claims and pricing.

PART 11

Environmental Claims
Advertisements should be explained clearly and should be qualified where necessary as evidence that their product will cause no environmental damage. This section outlines advertisement requirements on using scientific expressions.

PART 12

Database Marketing
This section governs the use of data for marketing covering marketing to consumers and businesses, and deal with consent, legitimate interests and transparency. Care should be taken to respect and protect the consumers’ privacy by complying with relevant rules and regulations.

PART 13

Employment and Instructional Classes
Advertisements must distinguish clearly between offers of employment as well as genuine vacancies and potential employees must not be required to pay for any further information. Instructional courses should make no unconditional promises of future employment, remunerations and more. This section covers employment agencies, vocational training and instruction courses.

PART 14

Property Advertising
Advertisements must distinguish clearly between offers of sale or for rent.

PART 15

Advertising for Audiotext Services

PART 16

Other Specific Categories
This section covers the advertisement requirements for Commemorative and Other Items Produced in Limited Editions, Homework Schemes and Inclusive Tours.

PART 17

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.

PART 18

List Of Malaysia Statutes Affecting or Relevant to Advertising

Code of Advertising Practice

EXPLANATORY NOTES OF CODE ADMINISTRATION

This section outlines the administration of the Code including the complaints handling procedure and Sanctions at Advertising Standards Malaysia’s disposal including escalating the non-compliance to the relevant Government Ministries for investigation.

EXPLANATORY NOTES OF AWARENESS

This section explains the general need for awareness amongst consumers on the Advertising Standards Malaysia.

EXPLANATORY NOTES OF CONSUMER PROTECTION

This section explains the general need for consumer protection.

List of Codes

SECTION I