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New advertising law banning ‘fraudulent’ practices in the works

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CCF and relevant ministries discuss sub-decree on the management of advertising on products, goods and services on March 14, 2022. CCF

New advertising law banning ‘fraudulent’ practices in the works

Officials from multiple institutions on March 14 met to finalise the draft sub-decree on the management of advertisements on products and services intended to control those that are fraudulent or misleading for consumers.

Tekreth Samrech – minister delegate to the Prime Minister and secretary of state at the Council of Ministers – chaired the virtual inter-ministerial meeting to review the draft sub-decree.

The meeting was also attended by representatives of relevant ministries and institutions – including the legislative, economic, social and cultural councils as well as the Khmer language committee – according to the General Directorate of Consumer Protection, Competition and Fraud Repression (CCF).

CCF director-general Phan Oun told The Post on March 14 that the procedure for inter-ministerial discussions and review of the draft sub-decree was now complete.

He said the next procedure was to wait for more input from the ministries of Health and Justice, but the finalisation of the law’s text was to be announced by Prime Minister Hun Sen soon.

Oun said this draft sub-decree was relevant to the management of advertisements and the banning of certain advertisements, which were defined by various documents and would mandate that certain advertisers apply for licences and approval in order for the advertiser to comply with legal standards.

Oun also said that after this sub-decree comes into force, officials may temporarily ban or fine businesses over some advertisements that are fraudulent or fraudulently promoting the sale of goods that are “bait and switch” offers, which have long been illegal in more developed countries.

“This sub-decree also governs advertisements that are not true, such as those that have false rewards offered,” he said.

According to Oun, the sub-decree is a draft law to supplement two existing laws – the Law on the Management of Products and Services and the Law on Consumer Protection with the sub-decree contributing all of the legal documents necessary to facilitate enforcement of the law.

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