On 4 November 2022, the Royal Government of Cambodia, at the request of the Minister of Ministry of Commerce, enacted Sub-Decree No. 232 on the Management of the Advertisement of Goods and Services (“Sub-Decree No. 232”). Sub-Decree No. 232 aims to protect consumers and encourage fair competition by setting out mechanisms, and procedures for the advertisement of goods and services in the Kingdom of Cambodia. Sub-Decree No. 232 covers all types of advertisement and all forms of media including, but not limited to, digital media in the Kingdom of Cambodia.
Sub-Decree No. 232, distinguishes between two types of advertisements: (1) Reward-linked Advertisements and (2) Non Reward-linked Advertisements. Reward-linked advertisements are advertisements that include references to prizes such as souvenirs and/or lucky draw tickets and gifts attached to the goods and services. Article 8 of Sub-Decree No. 232 provides an exhaustive list of the forms and means of the advertisement of goods and/or services. The Sub-Decree also requires that all advertising materials be in the Khmer language primarily unless it falls under one of the exceptions in Article 9. When the advertisement consists of both Khmer and foreign languages, Sub-Decree No. 232 requires that the size of the Khmer text shall be twice the size of the foreign text, and shall always be placed above the foreign text.
Any individual or entity who wishes to advertise their goods and/or services must obtain an Advertising License in accordance with relevant laws and regulations. Advertising goods and/or services without an Advertising License granted by the relevant authority is prohibited. In addition, any individual or entity who wishes to advertise their goods and/or services can also apply for an Advertising Compliance Certificate from the Ministry of Commerce prior to publication. The Advertising Compliance Certificate will be valid for no longer than one year and can be renewed within at least 30 days before the expiry date. The Ministry of Commerce acts as the governing authority overlooking the compliance of all advertisements in Cambodia and is empowered to take appropriate action in case of non-compliance.
Article 16 of Sub-Decree No. 232 provides that all types of advertisement regardless of the form or means of advertisement, must not include false or misleading information that lead to confusion regarding the quality and/or safety of goods and services. Sub-Decree No. 232 also provide an exhaustive list of prohibited advertisements of goods and services in Article 17.
Any individual or entity advertising goods and/or services in violation of the provisions of Sub-Decree No. 232 may be penalized pursuant to Article 19 and Article 20 thereof with penalties ranging from a written warning to suspension, revocation or cancellation of any Advertising License and/or Advertising Compliance Certificate and/or Certificate of Incorporation or Business Licenses by the Ministry of Commerce or other relevant ministry or governmental authority in addition to facing civil and criminal liability under other laws and regulations.
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