What are advertisement laws in Pakistan?

1) Who regulates advertising in Pakistan?

Multiple authorities oversee different aspects of advertising law in Pakistan. The main regulators and bodies include:

• PEMRA (Pakistan Electronic Media Regulatory Authority): Licenses and regulates electronic media. Enforces the Electronic Media (Programmes and Advertisements) Code of Conduct, 2015 for TV and radio content, ad placement, timing, and compliance.
• PTA (Pakistan Telecommunication Authority): Oversees telecom and internet service providers; implements rules on unsolicited communications and online content blocking; works alongside the Prevention of Electronic Crimes Act (PECA), 2016 for digital marketing issues like spam.
• CCP (Competition Commission of Pakistan): Enforces Section 10 of the Competition Act, 2010 against deceptive marketing practices, false or misleading claims, and disparagement.
• DRAP (Drug Regulatory Authority of Pakistan): Regulates advertising and labeling of therapeutic goods (medicines, medical devices, nutraceuticals). Ads often need approval and are subject to strict content controls.
• Provincial food authorities (e.g., Punjab Food Authority, Sindh Food Authority): Control health claims, labeling, and certain advertising restrictions for food and beverages.
• SECP (Securities and Exchange Commission of Pakistan): Oversees advertising for securities and public offerings as per company and public offering regulations; also relevant to NBFCs, mutual funds, and insurance disclosure norms.
• PSQCA (Pakistan Standards and Quality Control Authority): Standardization and compliance for certain products; mislabeling may trigger enforcement.
• Local governments and development authorities (CDA, LDA, KMC, etc.): Approve outdoor advertising under municipal bylaws and zoning rules.
• Self-regulatory bodies such as the Pakistan Advertisers Society (PAS) and Pakistan Advertising Association (PAA), which reference international standards like the ICC Advertising and Marketing Communications Code.

2) Core legal framework and general principles

Advertising in Pakistan is governed by an interlinked framework of statutes, rules, and codes. Key pillars include:

• PEMRA Ordinance, 2002 and associated rules, licenses, and the Electronic Media (Programmes and Advertisements) Code of Conduct, 2015.
• Competition Act, 2010 (Section 10: Deceptive Marketing Practices) with CCP enforcement and guidelines.
• PECA, 2016 (Prevention of Electronic Crimes Act) with relevant provisions on spamming, unauthorized use of data/images, and unlawful online content, plus PTA’s Removal and Blocking rules for online content.
• DRAP Act, 2012 and rules for therapeutic goods advertising and labeling.
• Provincial Consumer Protection Acts (e.g., Punjab 2005; Sindh 2014; Khyber Pakhtunkhwa and Balochistan laws) prohibiting false and misleading advertising and empowering consumer courts.
• Pakistan Penal Code provisions on obscenity, hate speech, defamation, and offences against religion and public order as they intersect with advertisements.
• Emblems and Names (Prevention of Improper Use) Act, 1957 restricting commercial use of national emblems and certain names without permission.

General principles cutting across media:

• Ads must be truthful, not misleading, and capable of substantiation.
• Content must respect religious sentiments, national security, public order, decency, and privacy.
• Claims that could materially influence consumer decisions must be clear, fair, and not deceptive.
• Products restricted or illegal to sell cannot be advertised.

3) Channel-specific rules

3.1 Television and radio (PEMRA)

• PEMRA licenses broadcasters and sets content and scheduling rules for ads, including placement during news, children’s programming, and religious transmissions.
• Ads must comply with the Code of Conduct, 2015 covering decency, truthful presentation, and protection of viewers from harmful or offensive content.
• PEMRA periodically issues directives on maximum advertising minutes per hour and the audibility/legibility of disclaimers and supers. Broadcasters can face fines for exceeding limits or airing non-compliant content.
• Foreign commercial content requires compliance with PEMRA licensing and directives; airing prohibited foreign ads can trigger sanctions.

3.2 Print media

• Print ads must comply with general laws (PPC, consumer protection, CCP’s deceptive marketing rules) and respect codes adopted by industry bodies like APNS/CPNE.
• Misleading price claims, false endorsements, or unlicensed promotions can lead to consumer court actions and CCP penalties.

3.3 Outdoor (OOH) advertising

• Governed by municipal bylaws and development authority regulations. You typically need a No Objection Certificate (NOC) and must comply with size, location, and safety standards.
• Certain cities restrict hoardings on public property. Unapproved structures risk removal and fines.
• OOH content must also follow national content rules (decency, religion, public order, tobacco/alcohol restrictions).

3.4 Digital advertising and social media

• Subject to PECA 2016 and PTA rules for unlawful online content. Platforms may remove or block ads on PTA directions.
• Claims and disclosures must be as clear online as in traditional media. Dark patterns, hidden fees, or fake reviews risk CCP action.
• Programmatic or cross-border ad serving should respect local product restrictions (e.g., tobacco) and content standards.

3.5 Telemarketing and promotional SMS

• PTA regulates unsolicited communications (promotional SMS/calls). Businesses must use approved sender IDs and respect the Do Not Call Register (DNCR).
• Under PECA, sending commercial messages without consent or in a manner causing annoyance can attract fines and/or imprisonment.
• Every promotional message should include a clear opt-out mechanism and accurate sender identification.

4) Content standards: decency, religion, national security, women and children

• Decency and morality: Ads must not be obscene, vulgar, or indecent. Sexualized imagery, offensive language, or exploitative depictions can lead to takedowns and penalties, especially on TV/radio under PEMRA’s Code.
• Religion and national sentiments: Avoid denigrating or exploiting religious beliefs, sacred texts, or practices. Do not misuse national symbols (flag, emblem) for commercial gain without authorization.
• Hate speech and public order: Content that incites violence, spreads sectarian hatred, or threatens national security is prohibited.
• Portrayal of women and children: PEMRA advisories and industry codes discourage harmful gender stereotypes, objectification, or content undermining dignity. Advertising to children must avoid unsafe behavior, unrealistic “pester power,” or strong health claims.
• Health and safety: Ads must not encourage dangerous acts; demonstrations must reflect typical safe use.
• Disclaimers: Should be in a font size and duration that is readable/audible, not hidden or contradicting the main claim.

5) Claims, substantiation, and comparative advertising

• Substantiation: Performance, superiority, environmental, and health claims must be backed by reliable evidence (e.g., lab tests, clinical data, or certifications). Keep records in case of CCP inquiries.
• Comparative advertising: Allowed if fair and not misleading. Do not disparage competitors or use their trademarks in a way that confuses origin or damages reputation. CCP enforces Section 10 against deceptive comparisons.
• Price and savings claims: “Sale,” “free,” or “up to X% off” must be accurate. Material conditions (eligibility, limited stock, time-bound offers) should be clearly stated.
• Green/environmental claims: Avoid vague terms like “eco-friendly” without substantiation. Ensure any sustainability claims are specific, truthful, and verifiable.
• Endorsements/testimonials: Must reflect genuine experiences. Don’t present paid endorsements as independent opinions; disclose material connections where relevant for consumer understanding.

6) Sector-specific advertising rules

6.1 Healthcare, medicines, medical devices, and supplements (DRAP)

• Advertising of prescription-only medicines to the general public is restricted or prohibited. Promotions to healthcare professionals follow separate ethical and approval pathways.
• Nutraceuticals, homeopathic, and alternative remedies must not claim to cure or prevent diseases unless permitted. Prior approvals and labeling compliance are often required.
• PEMRA regularly cautions broadcasters to avoid airing unregistered or quackery-related ads. DRAP can order takedowns and impose penalties.
• Prohibited: false medical claims, miracle cures, before/after imagery without evidence, or endorsements by purported “doctors” without valid credentials.

6.2 Food and beverages

• Claims like “sugar-free,” “high protein,” “fortified,” or “boosts immunity” must be accurate and meet provincial or national standards.
• Provincial food authorities may restrict marketing of unhealthy foods to children, especially around schools or kids’ programming. Check local directives (e.g., Punjab Food Authority nutrition advertising guidance).
• Labels and ads should be consistent. Do not conceal allergens or required nutritional information in promotions.

6.3 Tobacco and nicotine

• Pakistan maintains a comprehensive ban on tobacco advertising, promotion, and sponsorship across electronic media, print, and many outdoor formats, consistent with WHO FCTC commitments.
• Strict health warnings are mandated on packs; advertising that targets youth or glamorizes smoking is prohibited.
• Retail point-of-sale promotions are heavily restricted; check current federal/provincial directives before any activity.

6.4 Alcohol

• The sale and consumption of alcohol is tightly restricted, and advertising alcoholic beverages is prohibited. Surrogate advertising (e.g., using a soda or music event to promote an alcohol brand) can also attract enforcement.

6.5 Financial services and securities

• Ads for investment products, mutual funds, or public offerings must follow SECP regulations and include fair, balanced risk disclosures. Avoid guaranteed returns unless legally accurate and backed by product structure.
• Banks and NBFCs must state material terms (APR, fees, eligibility) clearly and avoid bait-and-switch tactics.

6.6 Education and training

• Institutions should not claim accreditation or recognition unless verified by the Higher Education Commission (HEC) or relevant regulator. Ads for unrecognized programs can be barred and subject to action.
• Placement, salary, or immigration-related promises must be factual and not misleading.

6.7 Real estate and housing

• Projects should have approvals from relevant development authorities before advertising. Claims about possession dates, amenities, and returns should be accurate.
• Misleading pre-launch or unauthorized “files” marketing can invite consumer protection and CCP action.

7) Digital marketing, privacy, cookies, and influencer disclosures

• Data and privacy: Pakistan does not yet have a comprehensive personal data protection act in force. However, PECA and sectoral rules apply. Best practice is to obtain informed consent for data collection (including cookies) and provide opt-outs for marketing communications.
• Spam and consent: For email/SMS/WhatsApp marketing, secure opt-in, honor opt-out quickly, and identify the sender. Avoid scraping or purchasing lists without consent.
• Influencer marketing: While there is no dedicated statute, transparency is an emerging expectation. Clearly disclose paid partnerships (e.g., “Paid partnership with…”, “Ad”) so consumers aren’t misled. Brands remain responsible for their influencers’ claims.
• User-generated content and reviews: Do not fabricate reviews or pay for undisclosed positive reviews. Moderation policies should be fair and not deceptively suppress negative feedback.
• Platform policies: Comply with the ad policies of platforms (Meta, Google, TikTok, X). They may impose stricter rules than local law for sensitive categories (healthcare, political ads).

8) Intellectual property, endorsements, and personality rights

• Trademarks and copyright: Do not use third-party logos, slogans, or copyrighted content (music, images, footage, fonts) without permission or license.
• Personality and image rights: Using a person’s name, photo, voice, or likeness in ads typically requires consent. Misuse can trigger privacy, passing off, or defamation claims.
• Comparative references: Avoid using a competitor’s marks in a way that suggests endorsement or confuses origin. Stick to factual, verifiable comparisons.

9) Promotions, contests, and giveaways

• Skill vs. chance: Games of pure chance or lottery-like schemes are generally prohibited under gambling laws. Structure promotions around skill and avoid requiring purchase to enter where it converts into a game of chance.
• Terms and conditions: Publish clear T&Cs covering eligibility, entry mechanics, deadlines, winner selection, prizes, taxes, and dispute resolution. Keep a verifiable audit trail for winner selection.
• Transparency: Disclose material restrictions (limited stock, geographic limits). Do not exaggerate prize value or chance of winning.
• Minors: Obtain parental/guardian consent where minors are involved and avoid incentivizing unsafe behavior.

10) Penalties, enforcement, and compliance checklist

10.1 Penalties and enforcement

• PEMRA: Can issue notices, order takedowns, levy fines, and suspend or revoke licenses of broadcasters for violations.
• CCP: May impose significant monetary penalties for deceptive marketing (including a percentage of turnover in serious cases), order corrective advertising, and require compliance measures.
• PTA/PECA: Offences like spamming, unauthorized use of images/data, or hosting unlawful content can result in fines and, in some cases, imprisonment.
• DRAP: Can seize products, order withdrawal of ads, and penalize companies for unlawful healthcare advertising.
• Consumer courts: Under provincial laws, consumers can seek compensation and orders against misleading ads.
• Local authorities: Can remove illegal outdoor installations and impose fines.

10.2 Practical compliance checklist

• Product category check: Is the product legal to advertise (e.g., tobacco/alcohol are largely prohibited)? Are there sector approvals (DRAP, SECP) needed before publishing?
• Claims substantiation: Keep evidence files (tests, certifications, studies) for all performance, health, and environmental claims.
• Disclosures: Ensure disclaimers are clear, prominent, and not contradictory. For financial ads, include risks and fees; for influencer ads, disclose sponsorships.
• Targeting and placement: Avoid children’s programming for adult products. Respect PEMRA time and content restrictions and PTA DNCR for telemarketing.
• Data and consent: Collect only necessary data, obtain opt-in where feasible, and honor opt-outs promptly. Avoid unsolicited bulk messages.
• IP clearance: License music, talent rights, images, and trademarks. Secure model releases and property permissions.
• Outdoor compliance: Obtain NOCs, follow size/location rules, and use authorized vendors for installation.
• Review and archive: Maintain pre‑clearance reviews, approvals, and final masters. Archive T&Cs and winner lists for promotions.
• Monitoring: Track customer complaints, regulator notices, and platform policy changes. Correct errors swiftly.
• Training: Brief agencies, influencers, and internal teams on legal do’s and don’ts in Pakistan.

FAQs: Advertisement laws in Pakistan

Is comparative advertising allowed in Pakistan?

Yes, if it is fair, truthful, and not misleading. You may compare objective features with substantiation, but avoid disparagement or confusing use of competitors’ trademarks. The CCP enforces deceptive marketing prohibitions.

Can I advertise prescription medicines to the public?

Generally no. DRAP restricts advertising of prescription-only medicines to the general public. OTC and certain categories may be advertised with approvals and within strict content limits.

What are the rules for promotional SMS and robocalls?

PTA requires consent, adherence to the Do Not Call Register, and proper sender identification. PECA penalizes spamming and misleading electronic communications. Always include a clear opt-out.

Are tobacco ads allowed?

No. Pakistan maintains a comprehensive ban on tobacco advertising, promotion, and sponsorship across most media, with health warnings mandated on packs.

Do influencers need to disclose paid partnerships?

While not governed by a dedicated statute, disclosure is considered best practice and aligns with deceptive marketing prohibitions. Use clear labels like “Ad” or “Paid partnership” to avoid misleading consumers.

Can I use the national flag or emblem in my ad?

Not without authorization. The Emblems and Names (Prevention of Improper Use) Act, 1957 restricts commercial use of national symbols and certain names.

What happens if my TV ad violates PEMRA rules?

PEMRA can order takedowns, levy fines, and take action against the broadcaster. Brands often face parallel actions from other regulators (e.g., CCP or DRAP) depending on the violation.

Key references and helpful links

• Pakistan Electronic Media Regulatory Authority (PEMRA): https://pemra.gov.pk/
• Competition Commission of Pakistan (CCP): https://cc.gov.pk/
• Drug Regulatory Authority of Pakistan (DRAP): https://www.dra.gov.pk/
• Pakistan Telecommunication Authority (PTA): https://www.pta.gov.pk/
• Prevention of Electronic Crimes Act (PECA), 2016: Ministry of IT/Legal repositories
• Provincial Consumer Protection Acts: Check official provincial law portals
• Pakistan Advertisers Society (PAS): https://www.pas.org.pk/