What are the marketing laws in Pakistan?

1) Pakistan’s marketing law landscape

Marketing and advertising in Pakistan are governed by a mix of federal law, provincial consumer statutes, sector-specific regulations, and self-regulatory norms. Understanding the framework is crucial for brand managers, agencies, e‑commerce leaders, and growth marketers planning multi-channel campaigns.

Key regulators and laws at a glance

• Competition Commission of Pakistan (CCP) — Competition Act, 2010 (deceptive marketing, false advertising, comparative claims)
• Provincial Consumer Protection Acts (Punjab 2005, Sindh 2014, KP 1997, Balochistan 2003) and ICT Consumer Protection — consumer rights, unfair trade practices, consumer courts
• PEMRA — Broadcast and Distribution Codes, especially the Code of Conduct for Programmes and Advertisements (TV/radio ad standards)
• Pakistan Telecommunication Authority (PTA) — anti-spam and telemarketing regulations; Telecom Consumer Protection Regulations; protections against unsolicited communications
• Prevention of Electronic Crimes Act, 2016 (PECA) — offenses including spamming, fraudulent and unauthorized access; online content restrictions framework
• Securities and Exchange Commission of Pakistan (SECP) — sector rules for financial advertising (mutual funds, insurance, public offers, NBFCs)
• Drug Regulatory Authority of Pakistan (DRAP) — pharmaceutical, medical devices, and health product advertising and labeling controls
• Food safety authorities (Punjab, Sindh, KP, Balochistan) and PSQCA — food labeling, nutrition and health claims, marketing to children
• Tobacco control laws — broad bans on tobacco advertising, promotion, sponsorship, and mandatory pictorial health warnings
• Gambling, lottery and prize competition laws — Lotteries Act, Prize Competitions legislation, and general gambling prohibitions
• Intellectual property — Trademarks Ordinance 2001, Copyright Ordinance 1962, and unfair competition/passing off law
• Municipal by‑laws — outdoor (OOH) advertising permits and placement restrictions in cities

Federal vs provincial: Consumer protection and food safety are primarily provincial; advertising content standards, competition, telecom and electronic crimes are largely federal. Always check the province where your campaign runs.

2) Truth-in-advertising and deceptive marketing (Competition Act, 2010)

The cornerstone of advertising law in Pakistan is the prohibition of deceptive marketing under the Competition Act, 2010. The CCP can investigate, fine, and order corrective measures against false or misleading advertisements and unfair comparisons.

What counts as deceptive marketing?

• False or misleading statements about price, performance, quality, or approval/endorsement
• Ambiguous claims that a typical consumer would likely misunderstand (e.g., “clinically proven” without substantiation)
• Disparaging comparisons or denigrating a competitor without verifiable basis
• Unauthorized use of trademarks, logos, look‑alike packaging likely to cause confusion (passing off/unfair competition)

Evidence and substantiation

• Objective claims (e.g., “kills 99.9% of germs,” “30% faster internet,” “4 hours of battery”) require scientific or competent evidence before publication.
• Comparative claims must use like‑for‑like methodology, be up‑to‑date, and present differences fairly.
• Disclaimers should be clear and proximate; fine print cannot contradict the main headline claim.

CCP has issued guidance on deceptive marketing practices emphasizing clarity, verifiability, and honest representations. Penalties can be significant and corrective advertising may be ordered.

3) Consumer protection: rights, warranties, and remedies

Provincial Consumer Protection Acts protect buyers against unfair trade practices and deceptive ads. They also set standards for fair contracts, warranties, and after‑sales service.

Key consumer rights relevant to marketing

• Right to truthful information about goods and services (no bait advertising; accurate descriptions)
• Right to redress, including replacement, repair, refund, or compensation for defective goods or deficient services
• Prohibition of unfair practices, including misleading statements of price, false scarcity claims, and fake endorsements
• Obligation to honor advertised offers, promotions, and warranties

Consumer courts in each province can hear complaints and issue orders. For nationwide campaigns, ensure your T&Cs comply across provinces.

4) Channel-specific rules (TV/radio, digital, SMS/email, OOH)

Broadcast advertising (TV/radio) — PEMRA

• Standards: Ads must comply with decency, cultural and religious sensibilities, and must not be misleading.
• Restricted categories: Alcohol, tobacco, and content encouraging unlawful activity are prohibited. Products making medical claims must meet health regulations.
• Children: Ads must not exploit children’s credulity or encourage unsafe practices; promotions in/around children’s programming are closely scrutinized.
• Prescription medicines and high‑risk products face strict limitations or bans on broadcast advertising.

Digital and social media marketing

• PECA 2016: Prohibits spamming, fraudulent misrepresentation, and unlawful access. Brand pages and influencers remain subject to deceptive marketing prohibitions.
• Platform compliance: Follow community standards (e.g., Meta, Google, TikTok) which often mirror or exceed local law for alcohol, tobacco, and sensitive categories.
• Influencer endorsements: Disclose material connections (paid partnerships, gifts, affiliate links) clearly and prominently; while not codified in a single statute, non‑disclosure risks being misleading under CCP principles.

SMS and telemarketing — PTA and PECA

• Consent required: Sending bulk or unsolicited promotional messages without consent can breach PECA’s anti‑spam provisions.
• Identification and opt‑out: Messages must identify the sender and include an easy opt‑out. Respect “Do Not Call”/don’t disturb registries issued/maintained under PTA frameworks.
• Registered headers: Use registered sender IDs with telecom operators; avoid spoofing or misleading headers.
• Time‑of‑day restrictions: Follow operator or PTA time bands to avoid nuisance communications.

Email marketing

• Opt‑in recommended: Maintain consent records; provide unsubscribe links and honor opt‑out promptly.
• Accurate routing: No deceptive subject lines or false “From” information; avoid harvesting addresses.
• Data handling: Keep mailing lists secure and use them only for disclosed purposes (see privacy below).

Outdoor and OOH advertising

• Permits: Obtain municipal permissions from local development authorities (e.g., LDA, KMC, CDA) for billboards, hoardings, pole signs, and transit ads.
• Placement: Avoid school zones for restricted categories; follow size, height, and safety standards; respect historic and protected areas.
• Content: Same standards against deception and prohibited categories apply outdoors; some cities impose additional rules on illuminated and digital boards.

5) Sector-specific advertising restrictions

Pharmaceuticals, medical devices, and health claims — DRAP

• Prescription‑only medicines: Advertising to the general public is generally prohibited; communication must target health professionals as per DRAP rules.
• OTC and traditional/alternative medicines: Must comply with registration, labeling, and approved indications; no cure‑all or exaggerated efficacy claims.
• Medical devices and supplements: Health and performance claims require substantiation; avoid implying professional endorsement without authorization.

Food and beverages — provincial food authorities and PSQCA

• Labeling: Follow provincial food regulations on ingredient lists, nutrition facts, and date marking; do not misdescribe origin or quality.
• Nutrition and health claims: Require evidence; avoid disease risk reduction claims unless permitted; no misleading “natural,” “sugar‑free,” or “low fat” claims without criteria.
• Marketing to children: Authorities have tightened rules around unhealthy food promotions in/near schools; check province‑specific restrictions (e.g., carbonated drinks bans in school canteens).

Tobacco control

• Advertising, promotion, and sponsorship: Broadly prohibited across media, including indirect promotions and brand stretching.
• Pictorial health warnings: Tobacco packaging must carry large graphic health warnings covering a substantial portion of principal display areas, as prescribed by current rules.
• Point‑of‑sale: Restrictions apply to displays, promotional pricing, and distribution of freebies; check local enforcement practices.

Alcoholic beverages

• Advertising is effectively prohibited across broadcast and mainstream channels; sales themselves are heavily restricted by law and religious considerations.

Financial services — SECP and SBP

• Securities, mutual funds, and insurance: Ads must include risk warnings, avoid guaranteed returns unless legally guaranteed, and conform to product‑specific advertising rules.
• Public offers: Strict controls on publicity during offer periods; follow SECP public offering regulations on content and timing.
• Banking: Claims about rates, fees, and benefits must be clear; avoid deceptive teaser rates or hidden charges. SBP circulars may affect how fees and digital payments are presented.

Education, healthcare, and professional services

• Universities and training institutes: Avoid false accreditation or job‑placement promises; use only recognized approvals and rankings with citations.
• Clinics and hospitals: Medical advertising is sensitive—no miracle cures, celebrity doctor endorsements without basis, or patient testimonials implying guaranteed outcomes.

Real estate and housing schemes

• Approvals: Do not market plots or apartments without approvals from relevant development authorities (e.g., LDA, CDA, SBCA). Clearly disclose project status and permissions.
• Payment plans: Present total cost, payment schedule, and all charges; avoid bait pricing and misleading “pre‑launch” claims.

6) Promotions, influencer marketing, pricing and discount claims

Promotions, contests, and prize schemes

• Lotteries and games of chance: Generally prohibited unless authorized. Promotions depending purely on chance (raffles, lucky draws) risk being unlawful if consideration is involved.
• Skill‑based contests: Safer if winners are determined by skill with transparent, objective criteria; publish T&Cs and judging methods.
• Prize competitions regulation: Some legacy legislation requires licenses for prize competitions; check provincial application and exemptions.
• Disclosure: State start/end dates, eligibility, number and value of prizes, selection method, and any restrictions. Keep audit trails and winner lists.

Influencer marketing and endorsements

• Disclosure: Use clear labels such as “Paid partnership,” “Advertisement,” or “Gifted” at the beginning of posts; ensure disclosures are visible in Stories/Reels.
• Honest opinions: Influencers must give genuine views; marketers should not script false claims or suppress negative experiences.
• Qualifications: Expert endorsements must reflect actual expertise; health and financial endorsements require special care.

Pricing, discounts, and comparative offers

• Was/Now pricing: “Was Rs. X, now Rs. Y” requires a genuine previous price offered for a reasonable period; keep evidence of historical pricing.
• “Up to” claims: A significant proportion of products should achieve the stated savings or performance; avoid headline exaggeration.
• All‑inclusive prices: Clearly disclose taxes, delivery fees, and mandatory charges. Where applicable (e.g., items under the Sales Tax Act’s relevant schedules), ensure printed retail prices and tax treatment comply with FBR rules.
• Comparisons: Identify the basis (price per unit, features, coverage); avoid disparagement.
• “Free” claims: A product is only “free” if the consumer pays nothing beyond unavoidable charges (like delivery clearly disclosed). No hidden mark‑ups on companion products.

Advertising to children

• No direct exhortations to children to buy or to persuade parents; avoid unsafe behavior and unrealistic expectations.
• Foods high in fat, sugar, and salt (HFSS): Avoid school‑adjacent marketing; follow any province‑level restrictions on in‑school advertising and sales.

Intellectual property and brand safety

• Trademarks and trade dress: Do not use competitors’ logos or confusingly similar packaging; register your brand elements under the Trademarks Ordinance, 2001.
• Copyright: Use licensed music, images, and fonts; secure model releases and location permissions.
• Comparative visuals: If showing rival products, be fair and accurate; avoid tampering.

7) Privacy, data, and online content controls

Personal data and profiling

• General framework: Pakistan does not yet have a comprehensive federal personal data protection law in force; however, PECA, telecom regulations, and sectoral rules (e.g., banking) restrict misuse of personal data.
• Best practice: Adopt consent‑based marketing, transparent privacy notices, cookie banners for tracking technologies, and honor data subject requests (access, deletion) wherever feasible.
• Cross‑border transfers: If you move customer data overseas (e.g., for ad platforms or analytics), disclose this in your privacy notice and ensure contractual safeguards with vendors.

Online content moderation and takedowns

• PECA and associated rules provide procedures for removal/blocking of unlawful online content; platforms may be asked to remove ads violating local law.
• Hate speech, blasphemy, and obscenity are strictly prohibited; always apply sensitive content review before launching campaigns.

8) Practical compliance checklist for marketers

• Map your campaign: Identify provinces and channels involved; list sector‑specific rules that apply.
• Substantiate claims: Keep a dossier of evidence for every objective claim and comparison before publishing.
• Clear T&Cs: Draft plain‑language terms for offers and contests; publish and link them in all creatives.
• Privacy by design: Use opt‑in lists; add unsubscribe links; keep consent logs; deploy cookie consent where tracking occurs.
• Telecom compliance: Register sender IDs; implement opt‑out; respect timing windows and DND/DNCR lists.
• PEMRA clearance: For TV/radio, pre‑vet scripts for restricted content; maintain records of approvals if applicable.
• OOH permits: Secure municipal permissions and follow size/location rules; maintain copies on file.
• Influencer contracts: Include disclosure obligations, claim approvals, IP licenses, and take‑down rights.
• Financial and health ads: Insert risk or health warnings; ensure regulatory approvals where needed.
• Training and audits: Brief creative and media teams on deceptive marketing rules; schedule periodic compliance reviews.
• Crisis plan: Prepare a response protocol for complaints, takedown requests, and regulator inquiries.

Tip: Keep a “claims matrix” spreadsheet listing each ad claim, the supporting evidence, and the legal reviewer who approved it. This reduces risk in CCP or consumer court proceedings.

9) FAQs on Pakistan’s advertising and marketing law

Is comparative advertising legal?

Yes—if fair, objective, and not misleading or disparaging. Always cite a current, unbiased basis (e.g., independent tests) and disclose material differences.

Do I need consent for SMS and email campaigns?

Yes. PECA and PTA frameworks prohibit unsolicited messages. Use opt‑in, sender ID, and easy opt‑out, and maintain suppression lists. For email, follow the same standard even when messages originate offshore to Pakistani users.

Can I run a lucky draw or raffle?

Chance‑based promotions can cross into lottery/gambling prohibitions. Favor skill‑based contests or ensure promotions are structured with legal advice to avoid consideration‑based chance. Always publish transparent rules and odds.

What disclaimers should I include?

Use concise, prominent disclosures that consumers can read and understand without effort. Include eligibility, timelines, limitations, and any conditions that could affect the decision to purchase. Do not hide critical information in fine print.

How are influencer ads treated?

Influencer content is advertising when there’s a material connection. Disclose partnerships clearly and ensure claims are accurate and substantiated. Non‑disclosure may be deemed misleading under the Competition Act’s deceptive marketing provisions.

What about data privacy and cookies?

Adopt a privacy notice that explains what you collect, why, with whom you share, and how users can opt out. Implement consent for marketing cookies and tracking pixels. Protect data with reasonable security measures and vendor contracts.

Which agencies can take action against ads?

CCP (deceptive marketing), PEMRA (broadcast content), PTA (telecom spam and sender identity), DRAP (health products), provincial food authorities (food marketing), SECP (financial promotions), and consumer courts (unfair trade practices).

Are there cultural and religious content rules?

Yes. Ads must respect religious sentiments and public decency. Avoid offensive or insensitive content; consult PEMRA codes and conduct pre‑launch cultural reviews, especially for nationwide TV campaigns.

Conclusion

Pakistan’s marketing laws aim to protect consumers from deception while ensuring responsible, culturally sensitive advertising. Whether you run TV spots, social media ads, SMS blasts, or OOH campaigns, align your strategy with the Competition Act’s truth‑in‑advertising principles, provincial consumer rights, and sector‑specific rules. Build compliance into your workflows—substantiation files, clear T&Cs, consent management, and influencer disclosures—to minimize regulatory risk and preserve brand trust.

Disclaimer: This guide provides a general overview based on publicly available frameworks and industry practice as of October 2024. Laws evolve; always check the latest statutes, regulations, and regulator notices or seek legal counsel before launching campaigns.

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