Entering the festive season at the end of the year followed by the New Year is another important time for restaurants to make money. Although this year there is a crisis of the epidemic that affects people's lives and incomes, it is believed that when the end of the year comes, traveling or celebrating will return to being as lively as before.
And of course, one of the things that come with the festival, especially at the end of the year when the weather is cool like this, is alcoholic beverages. Now, many business owners may have questions about whether their shop can advertise alcoholic beverages or not because they saw news that advertising is prohibited. So what should they do to let customers know that their shop has a great promotion or a cool type of alcoholic beverage waiting to be served? Let's look at ways that don't violate the law.
Section 32 Key Points of the Alcoholic Beverage Control Act 2008
When the issue is related to the law, we must first discuss the law related to the sale of alcoholic beverages, which is the Alcoholic Beverage Control Act of 2008. One of the most controversial sections of this Act is Section 32, which directly deals with advertising and public relations. The gist of Section 32 is as follows:
No person shall advertise alcoholic beverages or display the name or trademark of an alcoholic beverage in a way that directly or indirectly boasts about its properties or encourages others to drink it.
Any advertising or public relations by any type of alcoholic beverage manufacturer may only be done in the form of providing information and constructive social knowledge without displaying any images of the product or packaging of that alcoholic beverage, except in the case of displaying an image of the alcoholic beverage symbol or the symbol of the alcoholic beverage manufacturing company.
This is as stipulated in the Ministry. The provisions of paragraphs one and two shall not apply to advertisements originating outside the Kingdom.
The penalty for this section is imprisonment not exceeding 1 year or a fine not exceeding 500,000 baht, or both.
If we interpret the law, we will see safe practices.
When the law clearly states what can and cannot be done, if we interpret the meaning of each word, we will clearly see the channels for public relations without violating the law.
The gist of Section 32 is that no person shall advertise alcoholic beverages or display the name or symbol of an alcoholic beverage in a way that directly or indirectly boasts about its properties or encourages others to drink it.
According to the disclosure of information by Dr. Nipon Chinanonwet, Director of the Alcoholic Beverage Control Board (ACB), Department of Disease Control, regarding the news that there is a misinterpretation of Section 32, that even posting pictures of ordinary people holding alcoholic beverages on social media is an offense, in reality, Section 32 specifies 2 important parts:
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Advertising of alcoholic beverages for commercial purposes is prohibited, such as posting pictures of liquor and beer with various messages in order to sell that liquor and beer product, including organizing various promotional activities.
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Do not display the name or symbol of an alcoholic beverage along with any statements or behavior that boasts about its properties or encourages others to drink that alcoholic beverage.
Therefore, if people post pictures of beer bottles or beer glasses with beer logos, it is not an offense under this law. However, if it is a famous person, such as a celebrity or actor, it will be different from the general public because these people have the influence to persuade those who see them, so it will be considered an offense.
Guidelines for advertising alcoholic beverages are not illegal
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Do not use images or media of famous people for public relations purposes.
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Do not mention the name or brand of the alcoholic beverage.
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Do not describe the properties of that brand of drink.
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Advertising of discount promotions for alcoholic beverages that clearly state the brand name is prohibited.
Therefore, we can actually advertise with the brand name but not specify that it is an alcoholic beverage, or make an illustration of a bottle without a brand, no color pair to indicate what brand it is, but we know that it is an alcoholic beverage, such as making a glass, a jug, 2 jugs + 1 free jug, etc.
No matter what the law says, we must follow the law. No matter how big brands do public relations, we should look at it as an example and apply it. Because for alcohol drinkers, believe me, you will understand the meaning well.
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